Lawyers usually collect money twice in the first instance and the second instance. When the first trial is not over, the lawyer only calculates the lawyer's fee at the first trial stage. Whether it is necessary to pay the lawyer's fee again in the second instance after the judgment of the first instance is completed needs to be determined through consultation according to the entrustment contract signed by the parties and lawyers. If the entrustment contract stipulates that the second trial does not need to pay legal fees, it does not need to pay legal fees. However, if there is no agreement or agreement in the entrustment contract, the parties need to pay legal fees according to the agreement and relevant laws and regulations.
Fees for lawyers of second instance:
Please negotiate with the lawyer to determine the specific amount of fees. The specific criteria are as follows:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2. In the trial and prosecution stage, the charge for each piece is 2000- 10000 yuan.
3, the preliminary stage, each charge 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal self-knowledge, lawyers' service fees shall be charged according to the charging standards in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
Legal basis:
Measures for the administration of lawyers' fees
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 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Article 16 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyer services, or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 17 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.