How much is the lawyer's fee for general civil litigation?

1. What is the general civil litigation lawyer's fee? If the property relationship is not involved or the disputed subject matter is less than 6,543,800 yuan (excluding 6,543,800 yuan), the basic agency fee will be charged from 500 yuan to 5,000 yuan per case; if the property relationship is more than 6,543,800 yuan, the basic agency fee will be charged from 6,543,800 yuan to 6,543.38 yuan except the size of the disputed subject matter. 1 10,000 yuan to 5 million yuan (including 5 million yuan), each piece will be charged at 1.5% ~ 2.5%; From 5 million yuan to 6,543.8+million yuan (including 6,543.8+million yuan), 0.5% ~ 654.38+0.5% will be charged for each piece; 0.25% ~ 0.75% will be charged for each item whose price exceeds100000 yuan. Two, lawyers handle criminal, civil and administrative litigation cases of second instance, but not for the first instance, according to the first instance charges; After the first trial and the second trial, it will be charged at 50% of the first-instance charging standard. Lawyers represent criminal, civil and administrative appeals, retrial and retrial cases, and each case is charged an agency fee of 500 yuan to 3,000 yuan; For retrial and retrial cases, according to the specific circumstances, the fees shall be charged with reference to the charging standards for cases of second instance or first instance. Three. Who will bear the legal fees for general civil litigation? Unless otherwise specified, the lawyer's fees shall be paid by me, and the legal fees shall generally be borne by the losing party, but it shall still be stated in the litigation request. The court will not award your lawyer's fee to the losing party. In our country, lawyer's agency is not mandatory, that is to say, the state thinks that there is no need for a lawyer, so this lawyer's fee is unnecessary, so the court does not support it. Unless it is a special case such as copyright infringement, attorney fees are generally not supported; That's what the law says at present. Four. In which cases, the lawyer's fees can be borne by the other party after winning the case (1) According to the provisions of laws and judicial interpretations, the losing party can bear the lawyer's fees 1. In case of contract dispute, the creditor exercises the right of cancellation. Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I): "It is necessary for the creditor to pay the lawyer's agency fee and travel expenses when exercising the cancellation right. If the third party is at fault, it shall share it appropriately. " 2. Article 48 of the Copyright Law stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. " According to the provisions of Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes, "the reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigation request of the parties and the specific case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. " 3. Trademark Civil Disputes Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: The reasonable expenses paid to stop the infringement as stipulated in Article 56, paragraph 1 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. 4. Patent Dispute Cases Article 22 of the Provisions of the Supreme People's Court on the Application of Laws in the Trial of Patent Dispute Cases: "The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation." If the lawyer's fee for a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the premise of "reasonable expenses paid for investigating and stopping the infringement". 5. In Article 389 of the Civil Code (implemented since 200211), the scope of security interest includes the principal creditor's right and its interest, liquidated damages, damages, the custody of the security property and the expenses for realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail. Creditor's rights can be realized if the debtor performs his debts according to the contract. Because the debtor fails to perform his obligations, the creditor has to realize his rights through litigation. The lawyer's fees thus paid are the fees paid by the parties to realize their creditor's rights and belong to the property losses of the parties. The "expenses for realizing creditor's rights" stipulated in Article 389 of the Civil Code shall include reasonable attorney's fees. 6. Cases of Unfair Competition Article 20 of the Anti-Unfair Competition Law: "If an operator violates these provisions and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; It should also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator against his legitimate rights and interests. " 7, personal injury compensation, reputation infringement, traffic accident cases Article 179 of the Civil Law, if personal injury is caused by infringement on others, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid. Paragraph 3 of Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "If the victim dies, the compensation obligor shall compensate funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, lost time due to work and other reasonable expenses according to the rescue and treatment situation." As early as 2000, the Shanghai Higher People's Court issued the Notice on Printing and Distributing Some Specific Opinions on the Trial of Civil Cases, pointing out that "lawyer's fees are property interests in nature and can be regarded as losses in principle." In the judicial practice of traffic accident cases, there are different opinions on whether the lawyer's fee supports the local court. For example, the Shanghai court supported it. In the notice issued by the Shanghai Higher People's Court in 2005, it was clearly stipulated that "the parties request compensation for the expenses incurred in handling the accident (such as transportation expenses, lost time, evidence collection fees, attorney fees, etc.). ), if the cost has actually occurred and must be reasonable, it can be supported. " 8. Arbitration cases 1994, 1995, 1998 and the 2000 edition of the Arbitration Rules of China International Economic and Trade Arbitration Commission (hereinafter referred to as the Arbitration Rules) have similar provisions. The arbitration tribunal has the right to rule in the award that the losing party should compensate the winning party for some reasonable expenses incurred in handling the case, but the compensation amount shall not exceed the winning amount of the winning party at most. In practice, this fee also includes attorney's fees, but it is limited by the proportion of 10% of the winning amount. However, the Arbitration Rules (2005 edition) abolished the limit of 10%, and its article 46 stipulated: "Cost bearing: (1) The arbitration tribunal has the right to decide in the arbitration award the arbitration fees and other fees that the parties should eventually pay to the arbitration commission. (2) The arbitral tribunal has the right to award the losing party compensation for the reasonable expenses incurred by the winning party in handling the case according to the specific circumstances of the case. When deciding whether it is reasonable for the losing party to compensate the winning party for the expenses incurred in handling the case, the arbitral tribunal shall specifically consider the verdict of the case, the complexity, the actual workload of the winning party and/or the agent, and the disputed amount of the case. " In practice, fees should include attorney's fees, but the arbitration tribunal has great discretion in the issue of bearing fees. (2) Both parties can clearly stipulate in the contract that the lawyer's fees shall be borne by the losing party. According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request about lawyer's fee will generally be supported in prosecution or arbitration. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. When drafting such a breach of contract clause, special attention should be paid to clearly stating "lawyer's fees". Others, such as the "fees for realizing creditor's rights", are not clear and may not be supported by lawyer's fees. The court's examination of this agreement is very strict. The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee. To sum up, if you want to ask a lawyer to go to court, you must charge. General lawyers will charge according to the size of the case. If property matters are involved, lawyers will charge in proportion, so the fees charged in different cases will be different, so you must consult well in the local area.