First, how to charge lawyers in the first instance and the second instance?
The cost of asking a lawyer to file a lawsuit in the first instance and the second instance is the same. Details are as follows:
(a) does not involve property relations, the benchmark fee is 5000 yuan -30000 yuan/piece, which can be reasonably increased.
(two) involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
1, 65438+ 10,000 yuan (including 65438+ 10,000 yuan), the charging ratio is 8%- 10%, and less than 5,000 yuan is charged at 5,000 yuan/piece;
2, 65438+ ten thousand yuan to 500 thousand yuan (including 500 thousand yuan) is 7%-9%;
3, 500 thousand yuan to 6.5438+0 million yuan (including 6.5438+0 million yuan) is 6%-8%;
4, 1 10,000 yuan to 5 million yuan (including 5 million yuan) is 5%-7%;
5, 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 4%-6%;
6, 65438+ RMB 0 million to RMB 20 million (including RMB 20 million) is 3%-5%;
7, 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
8. More than 50 million yuan is 1%-3%.
II. Provisions of the Measures for the Administration of Lawyers' Service Fees.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price:
(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;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
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 extensively 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 should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard according to the average compensation cost of lawyer services, plus reasonable profits and statutory taxes.
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:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
The first trial and the second trial are only two procedures of judicial trial. The legal services provided by lawyers are the same, so the fees are the same and need to be determined according to the legal services provided by lawyers. The specific expenses can be legally determined by both parties through consultation, and the agreement is valid.