How to terminate a signed lawyer s contract

In ordinary life, it is possible to sign an entrustment contract with the other party, the remuneration agreed in the entrustment contract, and the content that the other party needs to complete, so if both parties need to terminate the entrustment contract, what can be done? The first way to terminate the entrustment contract is to terminate the contract according to the wishes of both parties, and the principal can terminate the contract in the event of force majeure, expected breach of contract, delay in performance, other breaches of contract that cause the purpose of the contract to be unable to be achieved and other statutory circumstances, and in the absence of any reason, the principal only needs to notify the other party of the intention to terminate the contract, and the entrustment contract can also be terminated. If the other party suffers losses as a result of the termination of the contract, the other party shall compensate for the losses except for reasons that are not attributable to the contract.

Because the establishment of the entrustment contract is premised on the mutual trust of the two parties, if this trust is shaken, the entrustment contract will also lose the foundation of its existence. Second, if the client or trustee dies, loses civil capacity, or goes bankrupt, the entrustment contract shall be terminated, unless the parties have other or are not suitable for termination according to the nature of the entrusted affairs. Legal basis:

Article 410 of the Contract Law of the People's Republic of China [Right to Terminate at Will] The client or the trustee may terminate the entrustment contract at any time. If the other party suffers losses as a result of the termination of the contract, the losses shall be compensated except for reasons not attributable to the party. Article 411 of the Contract Law of the People's Republic of China [Termination of the Entrustment Contract] Where the principal or trustee dies, loses civil capacity, or goes bankrupt, the entrustment contract shall be terminated, unless otherwise agreed by the parties or it is not appropriate to terminate it according to the nature of the entrusted affairs.

It depends on whether there is an agreement in your contract on the content of mediation.

The situation you mentioned belongs to the early termination of the entrustment contract by the client, and it will be handled in accordance with the relevant provisions of paid **.

1. If there is an agreement, it will be resolved in the agreed manner.

2. If there is no agreement, you can negotiate a solution.

The law firm will take into account your relationship and refund the ** fee in part or in full;

If the lawyer has already provided some services and incurred some necessary expenses, you can ask you to deduct the relevant fees at a certain percentage, and then return the balance to the client.

3. Normally, the law firm is reluctant to return it.

In this case, you may have to go a little bit of trouble, so it's best to have a detailed agreement in the contract.

4. The situation I have encountered is that when the law firm signs a contract, it usually indicates the handling methods such as reconciliation, mediation, withdrawal of the case, and judgment.

In general, it will be refunded at the discretion of the applicant.

Legal analysis: The client or the trustee has the right to terminate the lawyer's entrustment contract at will, and can terminate the entrustment contract at any time. The method of rescission of the contract is by way of notification, and since the right of rescission belongs to the right of formation, the contract is terminated when the expression of intent to terminate the contract reaches the counterparty.

Legal basis: Article 933 of the Civil Code of the People's Republic of China provides that the client or the trustee may terminate the entrustment contract at any time. If the other party suffers losses due to the termination of the contract, the party rescinding the gratuitous entrustment contract shall compensate for the direct losses caused by the improper time of termination, and the party terminating the paid entrustment contract shall compensate the other party for the direct losses and the benefits that can be obtained after the performance of the contract, except for reasons not attributable to the party.

Legal analysis: Go to the law firm with the signed entrustment agreement, report the situation to the person in charge of the law firm, and ask to terminate the ** agreement. According to the regulations, if it is not caused by the lawyer, the lawyer's fee is non-refundable.

However, the client can negotiate with the law firm on the issue of refund. Before terminating the client relationship, the lawyer must take reasonable and feasible measures to protect the client's interests.

When handling the termination agreement, the termination agreement should be signed with the law firm, the original evidence obtained by the lawyer should be retrieved, and the receipt should be written.

Legal basis: Article 562 of the Civil Code The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563 of the Civil Code The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

After the entrustment contract with the lawyer takes effect, the client and the lawyer reach an agreement through consultation, and the retention contract may be terminated.

However, the client shall not terminate without authorization, and if it is terminated without authorization, it shall bear the liability for breach of contract. Before the expiration of the performance period, if one of the parties expressly expresses or shows by its own conduct that it will not perform the main obligation, the other party may immediately terminate the contract. Before the time limit for performance of the contract arrives, if one party discovers that the other party has a serious lack of ability to perform the contract, has serious credit defects, or its objective behavior indicates that it will not or cannot perform the contract, it may notify the other party to provide sufficient security for the performance of the contract within the statutory time limit, and if the other party fails to provide sufficient security within the statutory time limit, it may immediately terminate the contract.

Civil Code of the People's Republic of China

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of continuous performance of debts, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time. Article 562:The parties may terminate the contract if they reach a consensus through consultation. Article 565:Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party.

The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its debts within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its debts within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

Legal analysis: The client can terminate the client relationship with the lawyer through the termination of the entrustment contract agreement. According to the regulations, the principal or the trustee may terminate the entrustment contract at any time.

If the other party suffers losses due to the termination of the contract, the party rescinding the gratuitous entrustment contract shall compensate for the direct losses caused by the improper time of termination, and the party terminating the paid entrustment contract shall compensate the other party for the direct losses and the benefits that can be obtained after the performance of the contract, except for reasons not attributable to the party.

The client may refuse to retain a lawyer to continue to defend him/her, and at the same time may retain another lawyer to serve as the defender or person.

Legal basis: Article 933 of the Civil Code The client or the trustee may terminate the entrustment contract at any time. If the other party suffers losses due to the termination of the contract, the party rescinding the gratuitous entrustment contract shall compensate for the direct losses caused by the improper time of termination, and the party terminating the paid entrustment contract shall compensate the other party for the direct losses and the benefits that can be obtained after the performance of the contract, except for reasons not attributable to the party.