If an appellate lawyer in a criminal case does not fulfill his responsibilities, can we get back som

1. After the lawyer accepts the entrustment of the parties, the two parties will establish a service contract relationship. Lawyers shall handle matters entrusted by their parties with due diligence and handle litigation matters on their behalf.

2. If the lawyer fails to perform his duties after accepting the entrustment, the party has the right to request that he refund all or part of the fee. Where losses are caused to the parties, they may also be required to pay compensation.

Article 30 of the Lawyers Law: Where a lawyer serves as a person in litigation legal affairs or a person in non-litigation legal affairs, they shall preserve the lawful rights and interests of the client within the scope of the authority they have been retained.

First of all, it depends on whether there is any agreement in your contract about this;

Secondly, "the lawyer's fee is 10,000 yuan, and half of it can be returned if the judgment is not reduced", "the lawyer asks someone else to appear in court to defend in court without the consent of the client in the middle of the process", both of which are violations of the lawyer's professional ethics, and the lawyer's fee cannot be determined by the judgment result, and the lawyer cannot let other people appear in court instead, you can directly go to the judicial bureau to which the lawyer belongs to complain.

Third, theoretically, the agreement that you will get back half of the lawyer's fees because you have not commuted the sentence violates the regulations and is not protected by law... However, you can ask the lawyer to be held liable for breach of contract on the grounds that "someone else defends the lawyer without the client's consent".

In the end, the money has been given, can you get it back, it is a long thing to go through the legal route... Try to put pressure on him by going to the judicial bureau to complain, petition, etc., and let him take the initiative to return the money.

First of all, there are two misalignments to point out.

1. The lawyer's fee is 10,000 yuan, and half of it can be refunded if the judgment is not reduced, which violates the provisions of the "Lawyers Law".

2. The lawyer asks someone else to appear in court to defend the case without the client's consent. After obtaining the client's consent, the lawyer may ask the law firm to appoint another lawyer to appear in court on his behalf. In this regard, you can request a refund of all attorney's fees in accordance with the contract.

You can negotiate with the lawyer to refund part of the fee, depending on the agreement of the ** contract.

It should be possible, the lawyer is in default.

Attorney's fees are also required for appeals, because the appeal case is a case of re-litigation, unless it is stipulated in the legal service contract that the appeal will not pay the lawyer's fee, otherwise the lawyer's fee needs to be paid, and the specific situation needs to be handled legally according to the actual situation of the litigation.

1. Do I have to pay attorney's fees for appeals?

Attorney's fees are also required for appeal. An appeal case is equivalent to a re-entry into the proceedings, which requires the signing of a contract and the repayment of fees unless agreed with the lawyer in advance. In accordance with Article 46 of the Administrative Litigation Law.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law. Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.

2. How much does the litigation fee cost?

1. For divorce cases, pay 50-300 yuan per case; If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional fee shall be charged; If it exceeds 200,000 yuan, the excess part shall be paid.

2. In cases of infringement of the right to name, title, portrait, reputation, and honor, 100 yuan shall be paid for each case.

3. For other non-property cases, 50 yuan shall be paid for each case.

4. In intellectual property dispute cases, if there is no amount in dispute, 500 yuan to 1,000 yuan shall be paid for each case; If there is a disputed amount, it shall be paid according to the fee standard of the property case.

5. Administrative cases shall be paid according to the following standards:

1) For public security administrative cases, 30 yuan shall be paid for each case;

2) 400 yuan for each patent administrative case;

3) For other administrative cases, 100 yuan shall be paid for each case; If there is a disputed amount, it shall be paid according to the fee standard for property cases.

6. For labor dispute cases, 50 yuan shall be paid for each case.

7. In bankruptcy cases, the total value of the bankrupt enterprise's property shall be calculated in accordance with the fee standard for property cases, and the payment shall be reduced by half, but the maximum shall not exceed 100,000 yuan.

8. In the case of an application for enforcement, the amount or value of enforcement is less than 10,000 yuan. 50 yuan per piece; less than 500,000 yuan according to the target 50; More than 500,000 yuan shall be paid according to the target of 2,000.

9. Where the amount or value of the property to be preserved is less than 1,000 RMB, 30 RMB shall be paid for each application; If the amount of property preservation is between 1,000 yuan and 100,000 yuan, it shall be calculated at 1% of the total amount of property preservation and 20 yuan; If it exceeds 100,000 yuan, it shall be paid according to the full amount of 520 yuan of property insurance.

10. Other litigation fees shall be collected in accordance with the litigation fee collection method of the Supreme People's Court.

11. Where an appeal is made against a ruling not to accept, a lawsuit to be dismissed, or a jurisdictional objection is filed, the acceptance fee is 50 yuan per case.

In the case of an appeal, if the party is dissatisfied with the first-instance judgment or believes that the first-instance judgment is in error, in this case, it may file a lawsuit with the higher people's court, and if the determination of the relevant circumstances is unclear, a lawyer may be consulted to make a legal definition to avoid the situation of wrong application of law.