(1) Agency fees for civil litigation and arbitration cases.
1. If the property right relationship is not involved, the benchmark charging standard is 5000-30000 yuan/piece, and the increase is not limited.
2, involving property relations, according to the amount of litigation (dispute), according to the proportion of cumulative charges:
(1) 8%- 10% for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan), and 5,000 yuan will be charged for each item with less than 5,000 yuan;
(2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) 6%-8% of 500,000 yuan to1000,000 yuan (including 6.5438+0,000 yuan);
(4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 1 4%-6% of ten thousand yuan (including 1 ten thousand yuan);
(6) 1 10,000 yuan to 20 million yuan (including 20 million yuan) 3%-5%;
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
(8) 50 million yuan or more 1%-3%.
3. Foreign-related cases: The charging standards for foreign-related cases (including those involving Hong Kong, Macao and Taiwan) shall be implemented according to the above standards in principle. Involving multilingual legal services, fees can be charged at 2 to 4 times the above standards.
The above-mentioned charging standards are the charging standards for the first-instance stage of litigation cases.
If a case is independently represented in the second instance, retrial and execution, the charging standard at the first instance stage shall be implemented.
Appropriate preferential treatment can be given to cases of first agency and cases of second agency.
4. Entrusted arbitration cases shall be executed according to the charging standard of the first-instance stage of entrusted civil litigation.
(2) Fees for administrative litigation cases.
The charging standard for administrative litigation cases shall be implemented with reference to the charging standard for civil litigation cases.
Acting for all kinds of litigation cases.
Acting as an agent in civil and commercial and administrative appeal cases can be charged according to the charging standard at the first instance stage, with the floating range not exceeding 150%.
Acting execution case
1. Cases executed independently shall be charged according to the execution amount and the standard of first instance;
2 cases that have undertaken the first or second trial shall, in principle, be charged at 50%-80% of the first-instance charging standard according to the amount of the subject matter. Major execution cases with great difficulty and complicated execution procedures shall be charged according to the standards of first instance.
(3) Legal consultation fee and book agency fee.
1, the hourly rate shall not be lower than that of 300 yuan; if it is less than 1 hour, it shall be calculated as 1 hour;
2. Legal affairs documents substitute books; Does not involve property rights, each charge 500 yuan-1, 000 yuan. Involving property relations, each item shall be charged according to the amount of the subject matter of the property involved, but the minimum amount shall not be lower than that of 500 yuan.
Second, the procedure of seeking a lawyer to file a lawsuit.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 1 19 of the Civil Procedure Law. The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, whether it is necessary to hire a lawyer in litigation and the benefits of hiring a lawyer.
If you disagree with the other party on the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a great impact on you, you should still invite a lawyer to participate in the whole process. In litigation, lawyers can usually do two things for you:
(1) Run errands to handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with clerks and presiding judges, mediating, appearing in court, etc.
(2) Help you answer questions, reduce the risk of losing and improve the probability of winning. For example, you can ask a lawyer to analyze and suggest what you can say, what you can do, what you can't say, and whether you want to preserve notarization in advance. A lawyer can help you write a list of evidence of the complaint and defense, argue with the other party in court, state your views to the judge, and then negotiate and mediate with the other party.
In a word, the role of a serious lawyer is to save time and energy, improve efficiency and protect legitimate rights and interests to the maximum extent.
Tips: In the actual legal problem scenario, the details of the case are different. In order to solve your problems accurately and quickly and protect your legitimate rights and interests, I suggest you click the button below to explain to a professional lawyer in detail and solve your actual problems one by one.