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 payment method in the entrustment contract, the parties need to pay the lawyer's fee according to the agreement and relevant laws.
1. The agency fee of the same law firm is halved;
2. Acting for the second instance instead of the first instance, the agency fee shall be charged according to the standard of the first instance, and other handling fees shall remain unchanged;
3. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
4. For the case sent back for retrial in the second instance, the agency fee is charged at half of the second instance fee, and other handling fees remain unchanged.
Measures for the administration of lawyers' service fees
Article 1 These Measures are formulated in accordance with the Price Law, the Lawyers Law and other relevant laws and regulations in order to standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of lawyers' services.
Article 2 These Measures shall apply to the fees charged by law firms established in accordance with the Lawyers Law of People's Republic of China (PRC) and lawyers with professional qualifications for providing legal services to clients.
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 The following legal services provided by law firms shall be subject to government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(4) Providing legal advice to criminal suspects in criminal cases, acting as an agent for accusations and exposures, applying for bail pending trial, and acting as a defender of the defendant or an agent ad litem of the private prosecutor or the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees for other legal services provided by law firms are regulated by the market.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 The government shall listen to the opinions of all sectors of society when formulating the charging standards for lawyers' services, and may hold hearings when necessary.
Article 8 The government shall fully consider the local economic development level, social affordability and the long-term development of the lawyer industry when formulating the charging standard for lawyer services, and determine it according to the average social cost of compensating 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.