[Direct answer]There's no guarantee. According to Article 26 of the "Regulations on the Practice of Lawyers (Trial)", lawyers are not allowed to make promises to clients about the outcome of a specific case; Article 49 of the "Lawyers Law of the People's Republic of China" (amended on September 1, 2017) also prohibits lawyers from soliciting business by making promises about the outcome. Anyone who claims to be able to ensure acquittal or probation is itself an illegal form of advertising. What lawyers can promise is the process and professionalism: arranging a meeting within 48 hours of the investigation stage, reviewing all the case materials in detail, submitting applications for bail and legal opinions, all of which can be included in the client contract. However, the outcome of the case will be determined by the facts, evidence, and the law.

I. Legal basis and interpretation of provisions

1. Articles 26 and 72 of the "Code of Conduct for Lawyers (Trial Implementation)" (amended on September 11, 2017)

Article 26 clearly stipulates that lawyers shall not make any promises to clients about the outcome of a specific case; Article 72 further stipulates that no risk-based attorney's fees shall be charged in criminal cases. The legislative purpose is to maintain the integrity of the legal service market and prevent parties from choosing lawyers based on the mindset of gambling on the outcome. In terms of this issue, these two articles directly constitute a negative answer to the question "Can you guarantee the outcome?": not only can't they guarantee it, but even agreements that make the outcome a condition for charging fees are prohibited. In practice, if lawyers actively promise results, it is often a double warning signal of professional risks and service quality.

2. Article 12 of the "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006)

The regulation stipulates that the fees for lawyer services shall be managed under a classification system of government-guided prices and market-regulated prices, and explicitly prohibits the implementation of contingency fee charging in criminal litigation cases, administrative litigation cases, state compensation cases, and mass litigation cases. The fees for criminal cases shall be reasonably determined according to the stages of investigation, review and prosecution, and first-instance trial, and a written power of attorney and legal receipts must be issued. If the client is required to "pay a low fee first and then pay more if they win", such an agreement shall be invalid. The client may refuse to pay and file a complaint with the Bar Association.

3. The interpretation of the case by the court

When handling disputes over lawyer services, courts and bar associations usually distinguish between "process obligations" and "result obligations": If the lawyer has completed the work such as meeting with clients, reviewing case files, attending court hearings, and submitting defense opinions in accordance with the contract, he/she will generally not be deemed to have breached the contract if the judgment result fails to meet expectations; conversely, if there are circumstances such as failing to meet with clients, failing to review case files, absenting from court hearings, or losing contact after receiving fees, he/she may be deemed at fault and ordered to refund fees and provide compensation. At the same time, judicial authorities encourage clients to keep the entrustment contracts, payment receipts, meeting records, and communication records as evidence to evaluate whether the services have been properly performed.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:On December 20, 2025, the party concerned, W*, was criminally detained by the public security organ on suspicion of operating a gambling house after serving as a chat streamer on an overseas online gambling platform. He was detained in a detention center, and his streamer's remuneration and the platform's funds were jointly identified as illegal and criminal proceeds. The family did not believe in any result promises and instead entrusted the Beijing Henglu Law Firm to handle the case.Zhu GuijingThe lawyer, acting as the defendant's attorney, hopes to first seek a change in the compulsory measures.

The focus of the controversy:The first focus is whether W * is the principal offender or an accomplice in the joint crime, and how to evaluate the extent of his role. The second focus is whether his diseases such as pituitary tumor and hepatitis B, which require continuous treatment, can be used as reasons for not allowing him to be detained for a long time. The third focus is whether he meets the conditions for bail pending trial.

Our position and that of the other party are as follows:The family members hope to be granted bail pending trial, believing that W * only engaged in chat interactions and did not participate in the operation and profit-sharing of the casino; the investigation organ believes that the gambling entrance and recharge channel were embedded in his live-stream interface, and concludes that he provided traffic assistance to the platform.

Attorney's Strategy and Legal Opinions:Zhu GuiyinThe lawyer met with W* for the first time and focused on four key points: Firstly, W*'s status and role were relatively low, and he only provided assistance in attracting customers, without participating in the operation of the casino or sharing profits. According to Article 27 of the Criminal Law of the People's Republic of China, he should be identified as an accomplice. Secondly, after being arrested, W* always truthfully confessed his crimes, admitted his guilt, and showed remorse, meeting the requirements for a confession as stipulated in Article 67 of the Criminal Law of the People's Republic of China. Thirdly, W* suffers from diseases such as pituitary tumors that require continuous treatment, and prolonged detention would be detrimental to the control of his condition. Fourthly, W* is a first-time offender, a non-violent offender, and poses a low social danger. Based on these points, the lawyer drafted a "Application for Bail Pending Trial", built the argument around Article 67 of the Criminal Procedure Law of the People's Republic of China, and clarified that W*'s family members are willing to provide a guarantor or a bail deposit, and W* promised to appear whenever summoned.

The court's reasoning and the outcome of the case:After reviewing and adopting the defense attorney's main opinions, on January 19, 2026, thirty days after being criminally detained, W * was legally granted bail pending trial and walked out of the detention center. The case achieved phased defense results, laying a foundation for the progress of subsequent procedures.

This case is handled by Beijing Henglu Law Firm.Zhu GuiyinThe attorney (practice certificate number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358),Shang Jiang PengThe lawyer (practice license number: 11101202310580738) also handles criminal defense and bail pending trial cases.

III. Frequently Asked Questions

Q1: Is it against the rules for a lawyer to promise the outcome of a case?

This is a violation of regulations. According to Article 26 of the "Standards for Lawyers' Professional Conduct (Trial)", lawyers are not allowed to make promises to clients about the outcome of a specific case; Article 49 of the "Lawyers Law of the People's Republic of China" also stipulates that lawyers are not allowed to solicit business by improper means such as defamation and making promises about the outcome. Violators will face administrative penalties. Any oral or written guarantees are considered illegal solicitation of business, which is not only invalid but may also be recorded in the lawyer's professional file.

Q2: Can signing a risk-based attorney agreement guarantee victory in a lawsuit?

No. Risk-based fees are prohibited in the criminal field. According to Article 12 of the "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006), it is prohibited to charge risk-based fees in criminal litigation cases; Article 72 of the "Code of Conduct for Lawyers (Trial)" further clarifies that risk-based fees are not allowed in criminal cases. Criminal cases can only be reasonably charged by stages, and there is no legal agreement that the fee will be determined by the outcome of the litigation.

Q3: What substantive guarantees can lawyers provide regarding the prospects of a case?

There are three types of substantive guarantees that can be provided: First, process guarantees, such as arranging a meeting within 48 hours, completing a comprehensive review of the case file, and communicating face-to-face; Second, professional judgment guarantees, such as providing analysis and grounds for the nature of the crime, the sentencing level, and whether there are circumstances of voluntary surrender or accomplice; Third, time limit guarantees, such as advancing the trial deadline within six months in accordance with Article 46 of the Criminal Procedure Law of the People's Republic of China. All of these can be written into the entrustment contract, but legal commitments cannot be made regarding outcomes such as winning the case, acquittal, or probation.

Q4: Can I get a refund if the case results are unsatisfactory?

There are two situations that need to be distinguished. If the lawyer has committed such faults as making false promises, neglecting to perform his duties, or charging fees in violation of regulations, the client can file a complaint with the Lawyers Association or the judicial administrative organ in accordance with the "Measures for the Management of Lawyers' Service Fees", and claim a refund and compensation through consultation or litigation. If the result is just not as expected, since the lawyer's obligation is to the process rather than the result, the client can generally only negotiate a settlement for the unsatisfactory part of the service, and it's difficult to get a full refund.

Q5: Is it possible to defend oneself without hiring a lawyer?

It is legally permissible, but not recommended. According to Article 33 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to defend himself; however, the rights to meet with detainees, review and copy case files, investigate and collect evidence, and apply for the exclusion of illegal evidence can only be fully exercised by defense attorneys. In practice, the main differences lie in the discovery and presentation of sentencing circumstances, especially bail pending trial, guilty pleas, and the identification of accomplices. Professional intervention can usually significantly improve the effectiveness of the defense.

IV. Suggestions for Protecting Your Rights

  • When hearing promises such as "guarantee acquittal" and "guarantee probation", you should immediately be on your guard. You can ask the other party to write down the service content in a written contract rather than making verbal assurances.
  • When signing the entrustment agreement, confirm that the fee method is phased billing, reject the risk representation clause for criminal cases, and request formal receipts.
  • Keep the meeting records, communication records during document review, and payment receipts as evidence for evaluating whether the lawyer has fulfilled his or her procedural obligations in the future.
  • If you are not satisfied with the results, first consult with the law firm. If no agreement can be reached, you can file a complaint with the Lawyers Association or the judicial administrative authority, and claim a refund and compensation in accordance with the law.
  • The key point is to discuss with the lawyer about verifiable sentencing circumstances, such as voluntary surrender and confession, returning the illicit proceeds and making compensation, pleading guilty and accepting the punishment, and the status of an accomplice, rather than demanding a commitment to the outcome.

If you are currently facing criminal charges or have received a notice of compulsory measures, it is recommended that you consult a professional lawyer as soon as possible with the relevant materials, objectively evaluate the defense opportunities and risks, and avoid missing the statutory time limits. →Criminal Defense | Legal Services for Criminal Case Filing·Attorney Zhu Guiying·Beijing Henglue Law Firm