Cancellation of entrustment [Content of case entrustment]

An entrustment agreement is an agreement between the principal and the trustee, and the trustee shall handle the trustee's relevant legal affairs according to the content of the agreement. The entrustment agreement is based on trust between the parties and has personal attributes. The principal can terminate the entrustment agreement at any time. Due to the special nature of criminal cases, lawyers and their firms may not refuse defense or representation without justifiable reasons.

The client in a criminal case has the legal right to terminate the case at will, which in reality is likely to lead to disputes related to commission fees between the lawyer and the client. Based on this, FasterLawyer recommends that when the parties sign the entrustment agreement, the terms of the agreement regarding the refund conditions and refund methods for subsequent termination of the contract should be clarified. When the client exercises the right to terminate at will, it shall be handled in accordance with the relevant provisions of the entrustment agreement to avoid subsequent disputes caused by no agreement or unclear agreement.

After both parties reach an agreement on the termination of the entrustment agreement, they should sign the entrustment agreement, prepare a closing report and transcript, and have the client sign and confirm it. The lawyer's firm shall promptly notify the case-handling authority that both parties have terminated the client relationship.

In practice, if the client terminates the entrustment agreement midway, the client and the lawyer's firm should be required to sign a termination agreement and properly handle refund matters. If the client is unwilling to sign a termination agreement, it is recommended to communicate with the client through WeChat, text messages, writing, etc. to make it clear that the lawyer will no longer be entrusted to handle relevant matters. The lawyer should also keep relevant evidence.