1. What is the charging standard for an innocent defense lawyer?
Article 9 of the Measures for the Administration of Lawyers' Service Fees stipulates that the fees for lawyers' 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.
Acting as defenders of criminal suspects and defendants in criminal cases, agents of private prosecutors and victims in criminal cases, and defenders of criminal suspects and defendants in criminal cases;
1, investigation stage: 1500- 10000 yuan/piece;
2. Review and prosecution stage: 2000- 10000 yuan/piece;
3. Preliminary stage: 3000-30000 yuan/piece.
If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one according to the charges or criminal facts involved. If the civil litigation part of the criminal incidental civil litigation case falls within the scope of government guidance price, it shall be charged according to the standard of civil litigation case; If it falls within the market-regulated price range, it shall be determined by the law firm through consultation with the client. Major, difficult and complicated litigation cases can be agreed by the law firm and the client through consultation, and the charging standard can be determined within 5 times (including 5 times) of the prescribed standard.
Second, what points should a lawyer pay attention to when defending not guilty?
1, check the case file carefully and get familiar with the case. Lawyers must first consult the case file and understand the case, which is the premise of innocent defense and must be cautious. In view of the complexity of the case, lawyers must carefully read the mountain of case materials. They can look at it first, find out the key points and doubts, then extract or copy it down, make a list if necessary, and compare the oral evidence.
2. Collect evidence of the defendant's innocence. To defend the defendant's innocence, we should mainly collect evidence from the following aspects:
(1) If the evidence provided by both the prosecution and the defense can prove that the defendant is innocent according to law, if it belongs to the following circumstances: the defendant's behavior is obviously minor and harmless, it is not considered a crime; The defendant's behavior is legal; The defendant did not commit the criminal act accused by the public prosecution agency;
(2) The evidence alleged by the prosecution is insufficient to find the defendant guilty;
(3) Other circumstances in which the defendant is found innocent according to law.
Once a lawyer decides not to plead guilty, he should dare to insist. In some cases, because the defendant has been detained for a long time, if he is acquitted, the defendant will ask the state for compensation in the future. If the defendant and his family do not let the lawyer plead not guilty, they can make a decision not to prosecute or be exempted from criminal punishment. Defendants and their families often compromise and then force lawyers to give up the plea of not guilty. At this time, lawyers should dare to insist.
To sum up, if the defendant asks the lawyer to plead not guilty, the lawyer will charge a fee when accepting the case. In the first instance of a criminal case, the lawyer's fee usually does not exceed 50 thousand yuan. Because it is relatively difficult to plead not guilty, it takes a lot of time and energy, and the lawyer's fee is also charged at a high standard. After the judgment of the first instance, if the defendant appeals, the lawyer will also charge the defense fee of the second instance.