Taking the latest guiding standard of lawyer's service charge in Henan Province as an example, this paper introduces the standard of lawyer's charge in general criminal cases and civil cases.
First, charge by the hour.
For some simple cases, such as legal consultation (no court session), the hourly fee is generally 100 -3000 yuan per hour. Half of the lawyer's time on the road or preparation time is included in the effective working time.
Second, charge by piece.
(1) Criminal cases are generally prosecuted by stages.
Public security organs generally charge 3000- 15000 yuan per piece in the investigation stage; In the stage of examination and prosecution, the procuratorial organ charges 5,000-20,000 yuan per case, and in the stage of first instance, the court charges 5,000-30,000 yuan per case. The fees for second instance, retrial, appeal and death penalty review shall be charged according to the standards of first instance. For major, difficult and complicated criminal cases, they can be charged five times the above standards.
(2) Civil cases are generally charged by piece, and charged according to the proportion of the target amount.
1. For cases that do not involve property, a piece-by-piece charge is generally adopted, and each piece charges 2000- 10000 yuan.
2. Property-related cases are generally charged progressively according to the difference of the winning bid amount, with 5000 yuan for the part below 65438+ 10,000 yuan and 3%-5% for the part between 65438+ 10,000 yuan and 1 10,000 yuan; 2%-4% of the bid amount 1 ten thousand-1 ten thousand; Part of the bid amount100,000-50,000,0001%-3%; 0.5%-2% will be charged for more than 50 million yuan.
3. Some cases can be collected by the risk agency (charge after handling the case first), and the maximum amount collected shall not exceed 30% of the target.
The above charging standards are only industry guidance standards, which are only for the reference of lawyers and clients and are not mandatory. In practice, the specific amount of lawyer's fees will only be higher than the above standards, and those below the above standards will be investigated for responsibility (unfair low-price competition). Under normal circumstances, the client and the contractor will negotiate to determine the final attorney fee within the scope of industry guidance standards.