[Direct answer]In the Beijing area, whether the criminal lawyer's fees can be refunded depends on the provisions of the agency contract and whether the lawyer has provided services in accordance with the contract. Generally, if the lawyer has completed the work as agreed, such as meeting with clients, reviewing case files, and submitting legal opinions, the fees will not be refunded even if the case results are unsatisfactory. However, if the lawyer has not yet started substantive work or there are circumstances of non-compliance with the contract, the client may claim a refund of the corresponding portion according to the contract. The "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006) require law firms to sign a written agency contract with clients, clarify the charging methods, amounts, and the rights and obligations of both parties, and prohibit making promises about the outcome of criminal cases. To avoid disputes, when signing the contract, it is necessary to specify the phased charging, the conditions for termination, the settlement method for the incurred expenses, and to keep the payment receipts and work records.

1. Problem background and typical scenarios

After a family member is involved in a criminal case, the family often hires a lawyer in a hurry, but later wants a refund due to unsatisfactory results, communication issues, or cost concerns. Typical scenarios include: the case ends at the investigation stage, and the family believes the lawyer hasn't done much work and requests a refund; disputes arise over fee settlements between the new and previous law firms after switching lawyers; and misunderstandings about the quoted price and the scope of services. When handling criminal cases in the Beijing area, reputable law firms will specify the phase division and settlement rules in the engagement contract.Criminal defense and criminal case filingThe disputes over fees in business mostly focus on the determination of the workload that has actually been completed.

II. Key points of contention

First, does the contract clearly stipulate the rules for refunds and termination? Second, has the lawyer already started substantive work, and how can the workload be evidenced? Third, how to distinguish between completed and unstarted phases under the phased fee charging system? Fourth, are actual expenses such as travel and appraisal separately settled? Fifth, are there any promise-based agreements that do not comply with professional norms? The above issues determine the outcome of the refund dispute and also remind parties to pay attention to preserving evidence during the contract signing and performance process.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a criminal incidental civil action case of intentional homicide: On June 16, 2024, after a dispute with Zhao Gang and others at a mixing station, the defendant, Zhang Daqiang, accelerated his car and rammed into a laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Liu Shufen, entrusted our firm's lawyers to represent her in the incidental civil action in her grief. After accepting the entrustment, the lawyers carefully reviewed all the case files, including physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, on-site inspection records and photos, audio-visual materials, etc. They refuted the defendant's arguments about subjective intent, voluntary surrender, the victim's fault, and the nature of the crime one by one, and argued that the act of driving a car to hit people should be characterized as intentional homicide and be punished severely. After the court's trial, it adopted the lawyers' representation opinion, determining that Zhang Daqiang intentionally and illegally deprived others of their lives by using dangerous methods of driving a car, causing serious consequences of one death and two injuries, constituting intentional homicide, with extremely serious circumstances and great social harm. Ultimately, Zhang Daqiang was sentenced to death for intentional homicide. Handling such major cases requires thorough review of the case files, repeated study of evidence, and multiple arguments, which involves a huge amount of work. The fees charged are closely related to the actual input, and are generally agreed upon in stages or for the entire case, rather than based on the outcome. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, sign a written power of attorney contract when entrusting a lawyer, specifying the charging method, amount, stage division, and termination rules; Second, confirm whether services such as meeting with clients, reviewing case documents, applying for bail, and providing legal opinions are included; Third, require the lawyer to issue formal invoices and retain payment receipts; Fourth, if you have any questions about the fee structure, communicate with the law firm in writing and keep records; Fifth, clear all fees from the previous stage before changing law firms to avoid disputes over duplicate charges. Legal basis: The "Measures for the Administration of Lawyer Service Fees" (implemented on December 1, 2006) regarding written power of attorney contracts, charging methods, and prohibitions on contingency fees in criminal cases; the "Lawyers Law of the People's Republic of China" (amended and implemented on September 1, 2017) regarding general provisions on lawyer practice and fees. For criminal defense cases, please refer to the relevant provisions.Criminal defense and criminal case filingFor contract disputes, you can refer to the following information for reference.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the key to refunding fees lies in the contractual provisions and the actual workload. It's most convenient to clarify the rules when signing the contract. Secondly, criminal cases prohibit contingency fees. Any agreement based on a percentage of the outcome will not be supported. Thirdly, when making payments, you should request formal receipts and keep communication records. Fourthly, under the phased fee charging system, the boundaries of each phase should be clearly defined to avoid duplicate billing. Fifthly, before changing law firms, you should first settle all fees to reduce unnecessary disputes. For cases involving criminal defense, you can consult with a lawyer through the platform.Criminal defense and criminal case filingYou can refer to it if you have any disputes over fees after obtaining the overall solution for the serviceCreditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: Can I get a refund for the attorney's fees if the lawyer fails to handle the case successfully?

Generally, clients cannot request a refund solely on the grounds of unsatisfactory results. A lawyer's duty is to provide defense services in accordance with the law, and he/she does not promise specific results. Therefore, if the lawyer has completed the meetings, reviewed the case files, and submitted legal opinions as agreed, a refund will usually not be granted. If the lawyer fails to perform his/her duties as agreed or terminates the work without authorization, the client may claim corresponding rights according to the contract and keep the evidence for negotiation or litigation resolution.

Q2: What should I do if I don't want to hire the lawyer after placing the order?

You can negotiate with the law firm to terminate the agency contract. When terminating the contract, you should settle the workload and fees that have already occurred. For the completed phases, the fees will be calculated according to the agreement, and for the unstarted phases, the fees will generally not be charged anymore. It is recommended to confirm the termination and settlement results in writing, and to request a list of the services provided to avoid disputes over the determination of the workload later. When changing law firms, you should also handle the handover materials properly.

Q3: How can we set a more reasonable fee arrangement in general?

It is recommended to adopt a phased fee structure or an overall case-based agreement, and specify the service content and fees for each phase in the contract. A phased fee structure makes it easier to settle payments based on the actual workload, while an overall agreement can cover the entire process. Regardless of the method chosen, actual expenses such as travel and appraisal fees should be listed separately, with payment settled based on receipts, with any excess or shortage being refunded or made up for. At the same time, clear rules for termination and refunds should be specified to reduce potential disputes in the future.

Q4: Are verbal refund promises valid?

It's difficult to provide evidence for verbal promises, so it's recommended to include the refund conditions in the written power of attorney contract. If there are only verbal agreements, you should fix the evidence through chat records, audio recordings, etc., and keep the payment receipts. In the event of a dispute, you can first negotiate with the law firm. If no agreement is reached, you can file a complaint with the Lawyers Association or the judicial administrative authority, or assert your rights through litigation. The specific evidence provided by you shall prevail in this case.

Q5: How to avoid fee disputes?

There are three approaches to this: First, choose a law firm with sound management practices and sign a written agency contract; Second, clearly specify the fee method, amount, service content, stage division, actual expenses, and refund rules upon termination; Third, keep the contract, receipts, and communication records, and regularly monitor the progress of the case. The clearer the pre-agreed terms are, the less likely there will be disputes afterward, and it will also be easier to make an objective evaluation of the lawyer's work.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.