Lawyer's charging method: According to different service contents, lawyer's service fee can be charged by piecework, target amount, time ratio and risk agency. Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit. But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment. Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee.
Different cases, different regions and different lawyers charge different fees:
1. Cases without property disputes: for ordinary civil, economic and administrative cases that do not involve property, the fee is between 2000- 10000 yuan through negotiation according to the nature, complexity and working time of the case; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan;
2. Legal documents: writing, modifying and reviewing legal documents on behalf of others. According to the nature of legal documents, the degree of difficulty, the time required for work and other factors, the fee for each document is between 600-2000 yuan through consultation;
3. Lawyer's witness: According to the nature of legal documents, the required time and other factors, the fee is negotiated between 2000- 10000 yuan/piece.
4. Attorney's notarization: the lawyer's notarization affairs are different, and the negotiation fee is between 1500-3000 yuan/piece;
5. Lawyers' letters and legal opinions: The fees for issuing lawyers' letters or legal opinions for clients are between1.50,000-20,000 yuan each according to the difficulty of related affairs, the purpose of use and the time required for work.
6. Lawyers' investigation: The fees shall be negotiated according to the investigation items.
Civil and commercial services:
1. Preliminary stage. Calculation proportion of disputed object (calculation base):
(1), 65,438+7% of the disputed subject matter below 10,000 yuan, but not less than 5,000 yuan;
(2) 6% of the disputed objects are more than 654.38+10,000 yuan but less than 1 10,000 yuan;
(3) 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan;
(4) 3% of the disputed object is more than 5 million yuan but less than 6.5438+million yuan;
(5) 1% of the disputed object is100000 yuan but less than 50 million yuan;
(6) 0.5% of the disputed subject matter of more than 50 million yuan;
2. The second trial stage
(1), the agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.
(2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.
(3) For the case sent back for retrial in the second instance, the agency fee is charged at half of the second instance fee, and other handling fees remain unchanged.
3. Retrial (appeal) stage
(1), who does not represent the retrial (appeal) cases in the first or second instance, the agency fee is charged according to the standard of the first instance, and other handling fees remain unchanged.
(2) For cases that have been represented in the first and second instance, the agency fee shall be charged at half of the fee of the first and second instance. Other handling fees remain unchanged.
4. Arbitration case: 65438+ 0.5 times of the charging standard for civil and commercial cases of first instance.
5. Execution of cases: charged according to the charging standard of civil and commercial cases in the first instance stage, and charged by half according to the aforementioned standard if the case has been litigated or arbitrated.
Criminal cases:
1. Preliminary stage:
① Investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
② Review and prosecution stage: 6000-30000 RMB;
(3) probation period: 8,000-50,000 RMB;
(4) Negotiation expenses (complexity of the case, object of civil litigation, etc.). ) between private prosecution and incidental civil action.
⑤ For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee is charged at twice the above standard. If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.
2. The second trial stage:
(1) For cases where there is no first-instance agent but only second-instance agent, the agency fee is charged according to the first-instance standard, and other handling fees remain unchanged;
(2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
(3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged.
3. Retrial (appeal) stage:
(1) If a retrial (appeal) case is independently represented without representing a case of first instance or second instance, the agency fee shall be charged according to the standard of first instance, and other handling fees shall remain unchanged.
(2) For cases that have been represented in the first and second instance, the agency fee shall be charged at half of the fee of the first and second instance. Other handling fees remain unchanged.
It should be considered according to many factors, including consulting methods, consulting time, regional charging standards, complexity of the case, lawyer qualification and so on. And it is also related to the personal relationship between lawyers and clients. If you are an acquaintance, the fee can definitely be discussed, and the specific situation needs specific analysis. In a word, the way and amount of lawyer's fees are determined by the lawyer and the client through consultation within a certain range.
Legal basis:
Measures for the administration of lawyers' service fees
Article 1 These Measures are formulated in accordance with the Price Law, the Lawyers Law and other relevant laws and regulations in order to standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry.
Article 2 These Measures shall apply to the charging behavior of law firms established in accordance with the Lawyers Law of People's Republic of China (PRC) and lawyers who are allowed to practice to provide legal services for clients.
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 8 The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard by compensating the average social cost of lawyer services, plus reasonable profits and statutory taxes and fees.
Article 14 A law firm shall strictly implement the management measures and charging standards for lawyers' service fees formulated by the competent pricing department in conjunction with the judicial administrative department at the same level.
Article 15 A law firm shall publicize information such as measures for the administration of lawyer services and charging standards, and accept social supervision.