How to charge lawyers for industrial injury disputes? What is the charging standard?
(1) Does not involve property relations: 2,000-30,000 yuan/piece.
Up and down fluctuation range: 20%
But the cost is less than 2000 yuan, according to 2000 yuan.
(two) involving property relations, the disputed subject matter shall be levied at the following rates:
tender prices
6% of the part below 65438+ 10,000 yuan (including 65438+ 10,000 yuan)
10-5% of 500,000 yuan (including 500,000 yuan)
50- 1 ten thousand yuan (including 1 ten thousand yuan) 4%
1-5 million yuan (including 5 million yuan) 3%
500-100000 yuan (including100000 yuan) 2%
65438+50 million yuan (including 50 million yuan) 1%
50 million yuan or more is 0.5%.
Up and down fluctuation range: 20%
But the cumulative cost is less than 2000 yuan, according to 2000 yuan.
(3) Time charging
1. Charging standard: 200 yuan-2,000 yuan per hour. The law firm and the client shall agree on the hourly charging standard and settlement method within the above range.
2. Up and down fluctuation range: 20%
(four) increase the number of counterclaims, counterclaims can be reduced according to the above standards.
(five) the case sent back for retrial, handled by the original lawyer, can be reduced or exempted according to the original fee standard.
(6) Risk agency fee
The maximum agency fee shall not be higher than 30% of the amount of the subject matter agreed in the contract, except for legal services with market-adjusted prices.
Pay first or pay the lawyer to close the case?
1. Lawyers charge first: general agent.
In the legal profession, it is common to pay legal fees first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with a lawyer, the general parties need to pay the fee first. However, it should be noted that if the fees charged by lawyers for representing cases are in stages, the fees charged by first instance, second instance and execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of fees first: semi-risk agency.
Although the service is paid first in principle, in some cases, the parties may have financial difficulties or other circumstances, and they can negotiate with the law firm or lawyer to pay part first, and then pay the rest after the implementation is in place.
3. Attorney's fee after closing the case: risk agent.
Risk agency, as its name implies, is a charging model for lawyers and clients to bear certain risks. This kind of risk agent will charge a higher fee, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it should not be too high. Under normal circumstances, the maximum charge amount shall not be higher than 30% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
To sum up, although there are three modes of attorney fees, they basically require the parties to pay in full or in part in advance. If you really can't afford a lawyer in a lawsuit, you can see if you meet the standards of legal aid and try to apply for free legal aid services.
What should I do if I need to deal with disputes?
1. Accept the entrustment of a natural person, legal person or other organization as a legal adviser.
2. Accept the entrustment of the parties in civil cases and administrative cases, act as agents and participate in litigation.
3. Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies as defenders, and accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives as agents to participate in litigation.
4. Accept the entrustment and represent the complaints of various litigation cases; Accept the entrustment and participate in mediation and arbitration activities.
5. Accept the entrustment and provide non-litigation legal services; Answer legal advice, write litigation documents and other documents related to legal affairs.
legal ground
Legal aid regulations
essay
Legal aid is the responsibility of the government. People's governments at or above the county level should take active measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid and economy and society.
The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments.