The premise of a lawyer's civil liability is the same as other general civil liability, and it is also the legal fact that the responsible person has acted wrongly. Specifically, it refers to the legal fact that a lawyer intentionally or negligently damages the legitimate interests of the parties in the course of performing his duties after accepting the entrustment of the parties. Based on the agency relationship between the lawyer and the client, according to the relevant provisions of China's civil law, whether the lawyer should bear civil legal responsibility for the damage to the legitimate rights and interests of the client depends on whether the lawyer has any wrong behavior in performing his duties, and to determine that he has any wrong behavior, he must meet the following conditions at the same time:
1, the lawyer must be at fault subjectively;
2, the lawyer's behavior must have caused economic damage to the parties, and there is a direct causal relationship between the behavior and the damage results;
3, the lawyer's behavior must be illegal, that is, illegal;
4, the lawyer's behavior must occur in the process of lawyers to perform their duties.
Second, what is the fault of the lawyer?
The fault behavior of lawyers is generally manifested as: the illegal behavior of lawyers' inaction, that is, failure to perform their duties as lawyers, causing economic losses to the parties; The lawyer's behavior beyond the scope of agency authority and responsibility, and the behavior beyond the scope of agency authority and responsibility have not been ratified by the parties and recognized by the law firm, causing economic losses to the parties; The lawyer conceals the truth from the client or commits fraud, or intentionally divulges the client's secrets, and maliciously colludes with the other party or a third party, thus damaging the legitimate rights and interests of the client; Lawyers knowingly violate the law, but still carry out agency activities, or instruct the parties to evade laws and regulations, and even cause losses to the legitimate rights and interests of the parties.
Third, how do lawyers charge?
According to People's Republic of China (PRC) Price Law, People's Republic of China (PRC) Lawyers Law and other laws and regulations, the fees for attorney fees are as follows:
1. Time-based charging standard: 200-3000 yuan/hour.
2. Charge by piece:
(1) Criminals:
Investigation stage: 2000-6000 yuan/piece;
Review and prosecution stage: 6000- 16000 yuan/piece;
Trial period: 6000-33000 yuan/piece.
(2) Civil and administrative litigation involving no property: 3,000-20,000 yuan/piece.
3. Charges for civil and administrative litigation involving property shall be collected in proportion to the disputed subject matter on the basis of the basic fee of 65,438+0,000-8,000 yuan.
The above is a detailed introduction about the lawyer's liability for compensation for you. The lawyer's liability for compensation will require the lawyer's subjective fault. Penguin has caused economic losses to the client, and it will happen in the process of lawyer's performance of duties. If you have any legal questions, please consult a professional lawyer.