1. When do you usually ask a lawyer to pay?
1. The money needs to be paid on the day when the lawyer is hired, or it can be paid after the lawyer has handled the entrusted matters. The specific time for giving money can be determined by both parties through consultation.
The way the client chooses to pay the lawyer's fees can be agreed with the lawyer in the entrustment contract. In addition, in our country, lawyers accept the management of lawyers' association, and there is a fixed proportion standard for lawyer fees. Lawyers need to charge fees within the scope of industry standards, and violators will be regarded as violating the rules and given certain punishment.
2. Generally speaking, there are two charging modes for attorney fees.
(1) Under normal circumstances, it is in advance, that is, when you sign an entrustment contract with a law firm or lawyer, you have agreed on the agency fee or defense fee. This should be paid in advance.
(2) Risk agency, the parties and lawyers reach an agreement through consultation, and only pay a small amount of fees or not pay in advance. After the case is settled, the amount will be subject to the winning bid. Or the actual judicial effect, pay the lawyer's fee in proportion.
2. What is the charging standard of attorney's fees?
How much lawyer fees the client needs to pay to the lawyer who accepts the divorce case can be determined by the lawyer and the client through consultation. In the process of consultation, it is necessary to consider the time for lawyers to handle cases, the affordability of the parties and other factors.
According to the Measures for the Administration of Lawyers' 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.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
(1) working hours consumed;
(2) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The social reputation and working level of lawyers.
Third, do I have to pay a lawyer's fee if I lose the lawsuit?
You don't have to pay the lawyer's fee if you lose the lawsuit, so you need to treat it differently:
1, the general agent, is that you have to pay for winning or losing, and its agency fee is generally charged according to the standard.
2. The risk agent pays money only after winning, but the cost of the risk agent is relatively high.
Insurance agent refers to a special entrusted litigation agent between the principal and the parties. The client does not pay the agency fee in advance, and after the execution of the case, the client pays a certain proportion of the creditor's rights to the agent as a reward.
If the case is lost or the execution fails, the agent will not get any return; If the creditor's rights are executed in place, the client will pay the agent in accordance with the agreed high proportion, which has certain risks for both parties, so it is called risk agency.
Relevant laws and regulations: Measures for the Administration of Lawyers' Service Fees
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.
Thirteenth risk agency fees, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear.
The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
After accepting the entrustment, the lawyer will generally sign a service contract with the client, in which the amount and time of the lawyer's fee will be agreed on a monthly basis. For a client who entrusts a lawyer to handle related matters, it is necessary to pay the lawyer's fee according to the contract.