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How does Tianshui charge a lawyer for a lawsuit

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How does Tianshui charge a lawyer for a lawsuit


        

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  • 2024-06-10 23:00:49

    The cost of Tianshui's lawyer depends on the actual situation of the case. For cases without property disputes, hundreds to thousands of yuan can be charged. Cases involving property shall be charged according to the proportion of the actual amount, and the specific situation can be determined through consultation with lawyers. The fees charged by Tianshui lawyers for litigation are usually determined according to the type of case, the amount of the subject matter of the case, the local economic level and other comprehensive factors. In real life, there are three main modes of lawyer fees: piece by piece fees, hourly fees and risk agency fees.

    1. Charge by piece: a relatively fixed charge for a case is also a mainstream charging mode. For example, the procedure of first instance of agency is a fixed price, and the procedure of second instance of agency is usually charged in half according to the procedure of first instance of agency.

    2. Time charges: the fees are calculated according to the working hours of lawyers, which is applicable to complex cases or long time cases.

    3. Risk agency fees: After consultation with the client, the lawyer first charges a certain basic fee, and then charges a certain proportion of risk fees according to the actual results.

    It should be noted that there is no necessary causal relationship between the lawyer's fees incurred in the lawsuit and the defendant's breach of contract, infringement and other acts that lead to the loss of the lawsuit. In judicial practice, the people's court in Tianshui basically does not support this claim, unless there is evidence to prove that the plaintiff and the defendant agreed in advance that the lawyer's fees should be borne by the losing party. In addition, the court will support reasonable litigation costs, not all costs.

    Legal basis:

    Administrative Measures for Lawyer Service Fees

    Article 4 The fees for lawyers' services shall be subject to government guidance prices and market adjusted prices.

    Article 5 The following legal services provided by law firms shall be guided by the government:

    (1) Acting as an agent in civil litigation cases;

    (2) Acting as an agent in administrative litigation cases;

    (3) Acting as an agent in national compensation cases;

    (4) Providing legal advice to criminal suspects in criminal cases, representing them in appeals and charges, applying for bail pending trial, and acting as the defender of the defendant or the agent ad litem of the private prosecutor and the victim;

    (5) Acting as an agent for appeals in various litigation cases.

    The fees charged by law firms for other legal services shall be adjusted by the market.

    Article 10 The fees for lawyers' services may be charged on a piecemeal basis, in proportion to the amount of the subject matter, or by time, depending on the content of their services.

    Piece rate is generally applicable to legal affairs that do not involve property relations;

    The charging in proportion to the subject amount is applicable to legal affairs involving property relations;

    Time charges apply to all legal matters.

    Article 13 When risk agency charges are implemented, the law firm shall sign a risk agency charge contract with the client, specifying the risk responsibilities, charge methods, charge amount or proportion to be borne by both parties.

    The maximum amount of risk agency fees shall not be higher than 30% of the subject amount agreed in the charging contract.

    No***

    2024-06-10 23:00:49

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