(1) Sign a lawyer service contract with the lawyer's law firm;
(2) Pay the lawyer's fees to the law firm according to the agreement in the lawyer service contract, and the law firm will issue tax invoices;
(3) according to the agreement of the lawyer service contract, issue the necessary power of attorney to the lawyer to handle legal affairs.
To formally hire a lawyer as a defender in criminal cases or an agent in civil and administrative cases, certain procedures must be completed before it can be established. These procedures are mainly:
1. Go to the law firm to handle the entrustment formalities. If a law firm thinks that it can accept the employment, it shall sign a contract for hiring lawyers with the parties, go through the entrustment formalities, clarify the rights and obligations of the parties and the law firm, specify the name of the lawyer entrusted by the law firm to handle the case, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.
2. If a law firm entrusts another person to represent a lawyer, it shall submit the certificate of attorney to the law firm before accepting the entrustment.
3. Pay the lawyer's fee. Lawyer's legal service is a kind of paid service, and the parties must pay a certain lawyer's fee when hiring a lawyer. Generally speaking, according to the provisions of the Trial Measures for Lawyers' Fees, law firms charge fees to the parties within the prescribed scope according to the complexity of undertaking business, the length of time required and the number of litigation objects. Of course, law firms can provide legal aid to clients who really can't afford to pay their lawyers' fees by reducing or exempting them, using them for free or charging as little as possible.
At present, lawyers are not allowed to accept employment privately and collect fees themselves. If you want to hire a lawyer, you must go through the formalities in a law firm. However, if the client appoints a lawyer by name, he can ask the law firm. In general, law firms can meet this requirement.
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How to hire a lawyer?
To hire a good lawyer, we must pay attention to the following four steps: Step 1: Meeting place. You must go to the office of the law firm for an interview. Please don't talk in the teahouse. According to the regulations, a law firm should hang the "Practice License of Law Firm" (original) in a prominent position, and the parties must first recognize that they do not have this license. Signing the entrustment contract and paying the lawyer's fee should be done in the law firm. At the same time, we must ask for the official invoice issued by the tax department with the special financial seal of the law firm. Step 2: Meet and verify. Ask a lawyer not only to read the business card of the receptionist, but also not to blindly listen to the introduction of others, but to read the documents in person. All lawyers registered by the Ministry of Justice have lawyer's practice license, and only lawyers with lawyer's practice license can undertake cases. Step 3: Analyze the case. Whether the lawyer's legal analysis of the case is in place, of course, most lawyers will not give themselves a thorough legal analysis of the case before accepting the entrustment. It doesn't matter, the key depends on whether the lawyer has confidence. Step 4: Sign the agreement. Criminal cases are divided into three stages: investigation, prosecution and trial (second instance, second instance); Civil cases are divided into first instance, second instance and execution; Labor disputes are divided into arbitration, first instance, second instance and execution; Administrative cases are divided into reconsideration, first instance and second instance. When signing the agreement, the stage of asking a lawyer to represent you must be clearly written in the agreement. The payment method should also be clear. However, the leaders of formal and standardized big law firms are very strict with lawyers and pursue credibility, so they can rest assured when signing the agreement.
According to Article 35 of the Lawyers Law, an entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
How much does it cost to hire a lawyer in criminal detention? What are the rules?
The investigation stage 1000-8000 yuan, the examination and prosecution stage 1500- 10000 yuan, and the first trial stage is 2500-20000 yuan. In major, difficult and complicated cases, market-regulated prices can be implemented. As a lawyer, due to different living standards, the fees are different. In addition, different lawyers charge different fees in criminal cases. Therefore, if the family members are detained in criminal detention, the specific attorney fees need to be determined by the parties and the law firm through consultation on the basis of the charging standards approved by the local price department.
What is the process of hiring a lawyer in a case? First, pre-negotiation and consultation. You can explain the basic case concisely on the phone and answer the lawyer's questions concisely. The lawyer will make a preliminary analysis and judgment on your case by telephone and discuss with you whether it is necessary to file a lawsuit or the lawyer will intervene in your dispute.
If you determine through preliminary telephone consultation that you need the help of a lawyer, you can make an appointment to meet with a lawyer by telephone. Usually, the place where lawyers meet their clients is arranged in the law firm, but if it is convenient for both parties, they can also negotiate in cafes or other public places. If you plan to hire a lawyer, you can prepare the lawyer's fee. 2. Make an appointment for an interview with a lawyer. After you have agreed on the time and place to meet the lawyer, please bring all relevant materials to meet the lawyer at the agreed time and place. First of all, we should check the lawyer's practice certificate in People's Republic of China (PRC) to avoid being cheated.
The lawyer will give you the following reply after carefully reviewing the materials and asking about the basic situation:
1. The basic legal relationship of your dispute and whether your expected request has legal basis.
2. Predict the theoretical legal consequences and litigation risks of your case, and let you sign the risk notice of entrusting a law firm.
3. Inform lawyers of the government-guided price items and standards, and negotiate the amount and payment method of legal service fees.