Fees for lawyers in Huairou District

The words written in the front

The guiding standard for the service fees of local official lawyers has expired. Please refer to the following standards for the service fees of lawyers in Sichuan

In addition to the lawyer service fees specified below, other case lawyer service fees need to be negotiated by users and lawyers. According to relevant regulations

The fees for lawyer services shall be managed by the government guidance price and the market adjusted price. Except for the following cases, the government guidance price shall be applied, and the market adjusted price shall be applied to other cases:

（1） Serve as the defender of criminal suspects and defendants in criminal cases and the agent of private prosecutors and victims in criminal cases;

（2） Acting as the agent of civil and administrative litigation for citizens to request payment of labor remuneration, industrial injury compensation, alimony, support, pension, relief, social insurance or minimum living security, and compensation (compensation) for safety accidents, environmental pollution, land acquisition and demolition And other public interests;

（3） Acting as the agent of citizens in cases of claims for state compensation.

Acting as the agent of civil and administrative litigation for citizens to request payment of labor remuneration, industrial injury compensation, alimony, support, pension, relief, social insurance or minimum living security, and compensation (compensation) for safety accidents, environmental pollution, land acquisition and demolition The service charge standard of agents in group litigation cases of public interest.

（1） If there is no property relationship involved, a piece rate of 1000-10000 yuan will be charged for each piece;

（2） If the property relationship is involved, the fees shall be collected by sections in the following proportion according to the amount of the subject matter involved. As an agent in civil and administrative proceedings where a citizen requests payment of labor remuneration, compensation for work-related injuries, alimony, maintenance, pension, relief, social insurance or subsistence security, the total amount of lawyers' fees shall not exceed 100000 yuan.

6% of the part below 100000 yuan (including 100000 yuan)

5.5% of the part above 100000 yuan to 500000 yuan (including 500000 yuan)

5% of the part above 500000 yuan to 1 million yuan (including 1 million yuan)

4% of the part above 1 million yuan to 5 million yuan (including 5 million yuan)

3% of the part between 5 million yuan and 10 million yuan (including 10 million yuan)

2% of the part above 10 million yuan

The agency for national compensation cases will be charged by piece, and each case will be charged 1000-10000 yuan.

Piece rate is applied for handling criminal cases, and the standards are as follows:

（1） Defenders of criminal suspects and defendants in criminal cases:

1. Investigation stage (including the self investigation stage of the procuratorate): RMB 2000-15000/piece;

2. Review and prosecution stage: 2000-12000 yuan/piece;

3. Trial stage: 3000-30000 yuan/piece.

（2） Acting as agent for private prosecutors and victims in criminal cases: 2000-15000 yuan/case.

Charge description

（1） If the criminal suspect and defendant of a criminal case are involved in several crimes or criminal facts at the same time, they can be charged separately according to the crimes or criminal facts involved.

（2） The case where the government guidance price is applied can be charged by time, and the time charge standard is 200-1500 yuan/hour.

（3） When handling major, difficult and complicated criminal cases, the law firm and the client can negotiate to determine the charging standard within 5 times (including 5 times) of the specified standard after reaching consensus. However, repeated cumulative charges shall not be allowed.

The following litigation cases can be agreed as major, difficult and complex criminal litigation cases in the agency (charge) contract:

1. The legal relationship of the case is complex, and the lawyer's time for handling the case is obviously more than that of similar cases;

2. The case involves difficult professional issues, and the professional level of lawyers is obviously higher than that of similar cases;

3. Major foreign-related cases and cases with significant social impact.

This clause is not applicable to time charge cases.

（4） Unless otherwise specified, the aforesaid charging standards refer to the charging standards of the first instance stage of litigation cases. If a person acts as an agent solely for the second instance, death penalty review, retrial or execution of a case, the charging standard for the first instance stage shall apply. For those who have acted as agents in the previous stage, they will be charged in half from the latter stage.

（5） In ethnic minority areas, the fees for lawyers' services in poverty-stricken counties (districts) at the national and provincial levels can be lowered according to this standard.

1. The charging standards for administrative litigation, reconsideration, hearing and other cases shall refer to the charging standards for civil cases mentioned above.

2. The appeal of administrative cases shall be handled with reference to the charging standards for civil appeals.

Time charge method

If the legal service fee is charged by time, the client and the law firm negotiate the hourly rate according to the nature of the business, the amount of the subject matter, the degree of major difficulties, the practice risk, the cost of the law firm, the level of legal service of lawyers and other factors. If several lawyers provide legal services together, the hourly rate can be calculated separately according to the working time and experience of each lawyer, or the average hourly rate can be charged uniformly, and the service time of each lawyer can be calculated cumulatively. The travel time for lawyers to handle legal affairs in the local area is halved, and the time spent on transportation and the necessary stay time in other places are halved. The lawyer shall fill in the work log timely and accurately, and the time schedule submitted to the client shall be reviewed by the partner in charge or the person in charge of the firm.

If the legal service fee is charged by piece rate, the client and the law firm shall determine the amount of the fee according to the size of the subject matter of the case and a certain rate. It can be applied to lawyer business with simple business and small subject amount.

If the legal service fee is charged in proportion to the amount of the subject matter, the client and the law firm shall, according to the amount of the subject matter of the case, cumulatively calculate the legal service fee in sections according to the agreed proportion.

Risk agency fees are prohibited for criminal, administrative, state compensation and group litigation cases.

To implement risk agency charges, the law firm shall sign a risk agency charge contract with the client, specifying the risk responsibilities, charge methods, charge amount or proportion that both parties should bear.

The maximum amount of risk agency charges shall not be higher than 18% of the subject amount agreed in the charge contract.

The portion of the subject amount less than 1 million yuan shall not exceed 18% of the subject amount;

The portion of the subject amount between 1 million yuan and 5 million yuan shall not exceed 15% of the subject amount;

If the subject amount is more than 5 million yuan but less than 10 million yuan, it shall not exceed 12% of the subject amount;

The portion of the subject amount between 10 million yuan and 50 million yuan shall not exceed 9% of the subject amount;

The portion of the subject amount above 50 million yuan shall not exceed 12% of the subject amount.

Difference between attorney fees and legal fees

Litigation fees refer to the fees that the parties should pay for bringing legal proceedings to the people's court, including case acceptance fees and other litigation fees. The litigation expenses that the parties shall pay to the people's court include:

（1） Case acceptance fee;

（2） Application fee;

（3） Transportation expenses, accommodation expenses, living expenses and subsidies for lost time incurred by witnesses, experts, interpreters and adjusters when they appear in court on the date designated by the People's Court.

Lawyer's fees, that is, attorney's fees, refer to the remuneration that a lawyer should collect when acting for a client in legal affairs.

According to different service contents, lawyer service fees can be charged by piece, by the proportion of the target amount, by time, by risk agency, etc.

Characteristics of lawyer fees:

1、 Lawyers shall collect fees uniformly in the name of their law firm, and may not collect attorney fees privately.

2、 Lawyer's fees are different from case handling funds. The necessary expenses incurred by lawyers for handling entrusted affairs must still be borne by the client. For example, transportation fees, accommodation fees, judicial expertise fees, etc.

3、 Lawyer's fees are different from legal fees. Lawyer's fees are civil agency fees based on the entrustment relationship, and legal fees are mandatory fees based on bringing a lawsuit to the court. Lawyer fees are negotiable, but legal fees are not.

The charging standard for lawyers varies from region to region.

1. Risk agency fees are prohibited for criminal proceedings, administrative proceedings, state compensation cases and group litigation cases.

2. When lawyers handle civil cases involving property relations, if the client still requires risk agency after being informed of the government's guidance price, the law firm may charge risk agency fees, except for the following circumstances:

1) Marriage and inheritance cases;

2) Requesting social insurance benefits or minimum living security benefits;

3) Requesting the payment of alimony, alimony, support payments, pensions, relief payments and compensation for work-related injuries;

4) Requesting payment of labor remuneration.

Generally, it shall be borne by itself, and can also be paid by the losing party as judged by the court (if there are relevant agreements or laws).

The conditions for the court to determine the payment of the losing party are:

1. The parties have made a clear agreement on the issue of attorney fees, that is, the parties have made a clear agreement on this in the contract, and their intention is true. There is no violation of the prohibitive provisions of the law. The court should confirm the legal effect of this agreement;

2. Lawyer fees have actually occurred. It should be noted here that if the parties and lawyers agree to pay lawyer's fees according to the results of the litigation or execution after the litigation or execution procedure, the court will determine that the lawyer's fees have not actually occurred during the litigation process;

3. The payment standard of attorney fees is reasonable. If the attorney fees paid by the parties exceed the reasonable range, the financial burden of the other party will be unduly increased, and the relevant claims will be difficult to obtain the support of the court.

Litigation costs are divided into case acceptance costs and other litigation costs. The burden of these two kinds of litigation costs is not the same. According to the relevant provisions, the case acceptance fee shall be borne by the losing party, and if both parties are responsible, it shall be shared by both parties. If the parties to a joint action lose the case, the people's court shall, in accordance with their respective interests in the subject matter of the action, determine the amount they should bear.

If the people's court of second instance has changed the judgment of the people's court of first instance, in addition to clarifying the parties' burden of litigation costs of second instance, it should also change the decision of the people's court of first instance on the burden of litigation costs accordingly. The people's court of second instance decides to reject the appeal and uphold the original judgment, regardless of whether the appellant is the winning party or the losing party in the first instance, The fees for accepting an appeal case shall be borne by the appellant, and if both parties file an appeal, they shall share it.

In cases where an agreement has been reached through mediation by the people's court, the burden of litigation costs shall be settled through consultation between the two parties; If consultation fails, the decision shall be made by the people's court. Other litigation costs shall generally be borne by the person requesting the litigation. For example, the appraisal fee, as well as the transportation and accommodation fees for the appraiser to appear in court on the date decided by the people's court, shall be borne by the party requesting the appraisal.

When entrusting a case, a lawyer's fee contract should be signed with the law firm where the lawyer works or the fee terms should be specified in the agency appointment contract.

The charging contract or terms shall include: charging items, charging standards, charging methods, charging amount, payment and settlement methods, dispute resolution methods, etc.

The corresponding attorney fees should also be paid to the law firm, which will issue legal bills!

According to Article 18 of the Measures for the Administration of Lawyer Fees, law firms shall issue legal bills to clients when collecting lawyer service fees from clients.

Watch out for lawyers who charge less than the standard

When lawyers' fees are lower than the relevant charging standards, they need to be vigilant. Lawyers provide professional services, and the cost of services is the time and energy paid by lawyers. When charging, lawyers will consider the difficulty of the case, their own strength, the time and energy they will pay, and then determine the amount of charges. Lawyers' fees are too low, and then they will inevitably reduce their time and energy costs in service. These clients may not be able to see that it is the clients themselves who suffer.

1) Working time consumed

2) The difficulty of legal affairs

3) The number of lawyers needed and the personal capacity of lawyers

4) Possible risks and responsibilities of lawyers

5) Lawyers' social reputation and working level

6) Output of other necessary costs required for handling cases

1. I will not admit that I am not a lawyer, nor will I explain the difference to you.

2. In order to defraud people of money, they often show off in court and pretend to entangle in some details.

3. He has limited general business knowledge and likes to show off his relationship with law enforcement agencies.

4. It is often very simple to say that some lawsuits with little chance of success or even no need to fight, and encourage the parties to litigate, so as to collect agency fees.

5. Often appear in court as a citizen agent, or use the name of another lawyer to represent him in court.

6. Do not sign the agency contract, and write a blank note on the charges.