When dealing with traffic accidents, whether it is mediation, negotiation or litigation, the parties can choose whether to entrust a lawyer to help according to their own situation. But in fact, there are some things to pay attention to when looking for a lawyer to help yourself. What should I pay attention to when looking for a lawyer in a traffic accident? If you have any questions in this regard, please take a look at Bian Xiao's introduction below.
1. What should I pay attention to when looking for a lawyer in a traffic accident?
1, to review the qualifications.
According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license. In addition, grassroots legal workers are not lawyers and can only provide simple legal services; Their organization is generally called "XX Law Service Office", not a law firm, so it is necessary to hire lawyers to "XX Law Firm" to hire authentic lawyers.
2. Understand the organization.
A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
3. Sign the agreement.
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
4. The authorization should be clear.
Some parties fill in the power of attorney when hiring a traffic accident lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
5. Pay carefully.
Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He doesn't feel bad at all. In particular, the fees for social activities, such as inviting the case handlers to dinner and finding someone to smooth the relationship, proposed by traffic accident lawyers are even more generous, often spending all their money. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by traffic accident lawyers, except the legitimate fees that should be charged according to the regulations, must be rejected.
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
2. How much does it cost to hire a lawyer for a traffic accident?
Everyone charges differently, and the lawyer's fee is determined according to the amount of compensation requested. The following contents are for reference only:
1. Prepaid
Cases with a bid amount of less than 200,000 yuan shall be counted as 4000- 12000 yuan each; Cases exceeding 200,000 yuan shall be calculated with reference to the floating proportion stipulated in the Guidelines for Lawyers' Fees. The case of second instance is charged at half of the above fees, and the execution stage is charged at the standard of second instance.
2. Risk institutions
All customers who undertake risk agency shall pay1000-5,000 yuan in advance, and then pay 15%-20% of the actually obtained amount after the judgments of the first and second trials are confirmed, and the fees collected shall be deducted.
3. Traffic accident mediation: calculated according to about 8% of the winning bid, it is generally not less than 5,000 yuan in Chengdu. Not less than 8000 yuan outside the city. If mediation fails and litigation (arbitration) is needed, the fees collected can be deducted from the lawyer's fees receivable.
4. Calculation of compensation list: 500 yuan/piece.
5. Making legal documents: 600 yuan/piece.
6. Identification of institutional disability grade: 600 yuan/piece.
7. Property preservation: 600 yuan/piece.
8. Loss assessment of agency vehicles: 500 yuan/piece.
9. Investigate the accident vehicle insurance situation: 500 yuan/piece.
10. Collect insurance claim materials: 600 yuan/piece.
1 1. Investigate the basic identity and property clues of the perpetrators: 600-2,000 yuan/piece.
Not all cases need lawyers to solve. If it's just a small scratch, it's only a few hundred dollars, and it can be solved by itself. It is very necessary if the other party does not pay compensation, has a bad attitude, or needs a lot of compensation items with a relatively large amount. If you decide to entrust a lawyer, then you should also find out what you need to pay attention to when looking for a lawyer in a traffic accident, otherwise you can't entrust your own interests, and you will suffer some lawyer's fees for nothing. There are online lawyers. If you have any questions, please feel free to consult.