First, should the attorney fees be paid in advance or in deferred?
1. It is okay whether the attorney's fees should be paid first or later, because it is determined by negotiation between the two parties. The normal entrustment is to pay first and go through the entrustment procedures. If you are a risk agent, you must go through the formalities first and then pay after winning the lawsuit. If you lose the lawsuit, there will be no compensation. However, risk agents should charge higher fees. Usually it is more than 10%.
As for whether attorney fees should be paid in advance or later, laws and regulations do not clearly stipulate that it is determined by the parties and lawyers through negotiation. In practice, you can agree to pay the litigation fees in advance; you can also choose to pay them afterwards; you can also choose to pay part of the fees first and part later.
When a law firm accepts a client's entrustment and assigns a lawyer to handle a case, it will negotiate the lawyer's agency fees, case handling fees and other matters in the agency contract, and implement the lawyer's relevant charging standards and payment methods as agreed, usually in accordance with Charged in proportion to the underlying amount. Generally speaking, attorney fees need to be paid at the time of signing or within a few days after signing.
2. But it complies with the risk agency, that is to say, when the lawyer accepts the commission, he only charges a lower basic fee, and the rest of the service remuneration is divided between the lawyer and the client according to the purpose and effect of paying the lawyer's service fee. Agree in advance with time, proportion, requirements, etc. If the agreed requirements are met, the fees will be paid as agreed; if the agreed requirements cannot be met, the fees will no longer be paid. In short, the charging method is determined by the lawyer and the client based on the specific circumstances.
3. There are two ways to pay attorney fees. One is to pay the lawyer when signing the contract, on a pro-rata basis. Detailed attorney fees have been formulated in various places. One is to pay after the litigation process is over, which is a contingency agency with higher charging standards.
The parties can negotiate with the lawyer as to whether the legal fees should be paid before or after the trial. Generally speaking, the lawyer's professionalism determines whether the lawyer's fees are paid upfront or deferred. If the lawyer is professional and responsible, compensation can be paid in advance. If he is worried about the success or failure of the lawsuit, he can pay half of the fee upfront and part of the fee after the trial.
2. What are the charging standards for attorney fees?
1. Charges for civil cases
(1) Cases without property rights disputes
Ordinary civil, economic, and administrative cases that do not involve property will be charged according to the nature of the case and Depending on factors such as complexity, time required for work, etc., the fee can be negotiated between 6,000 and 100,000 yuan; for foreign-related civil, economic, and administrative cases that do not involve property, the agency fee shall not be less than 20,000 yuan.
(2) Legal document cases
Write, revise, and review legal documents on your behalf. Based on factors such as the nature, difficulty, and time required for the legal document, each document is passed Negotiate a fee between 600-2,000 yuan.
(3) Lawyer witness
Depending on the nature of the legal document, the time required and other factors, the cost is between 2,000-10,000 yuan per piece.
(4) Serve as a notary.
Lawyers handle different notarization matters, and the fee is negotiable between 1,500-3,000 yuan per case.
(5) Lawyer's letter and legal opinion
Issue a lawyer's letter or legal opinion for the client, and issue a lawyer's letter or legal opinion based on the difficulty of the relevant matters, the purpose of use, and the time required for the work Waiting for fee negotiation. , 1,500-20,000 yuan each.
Charges in criminal cases
(1) Investigation stage (including self-investigation by the procuratorate): 6,000-18,000 yuan;
(2) Review and prosecution stage: 6,000 -30,000 RMB;
(3) Trial period: 8,000-50,000 RMB;
(4) Criminal private prosecution and incidental civil litigation attorney negotiation fees 6,000-60,000.
(5) For major and difficult cases involving national security crimes, gang-related crimes, drug crimes, etc., the agency fee will be charged at twice the above standards.
3. Civil and commercial case fees
(1) The portion of the disputed quotation below 654.38 million yuan: 7% service fee;
(2) For disputed bids exceeding 654.38 million yuan, but less than 654.38 million yuan, a 6% service fee will be charged;
(3) For disputed bids exceeding 654.38 million yuan, but not exceeding 654.38 million yuan, a 6% service fee will be charged; For the part less than 5 million yuan, a 5% service fee will be charged;
(4) For the part of the disputed bid exceeding 5 million yuan, but less than 6.5438+ million yuan, a 3% service fee will be charged;
(5) For the part of the disputed bid that exceeds 654.38+ million yuan but is less than 50 million yuan, a service fee of 654.38+0% will be charged;
(6) For portions of disputed bidding exceeding 50 million yuan, a service fee will be charged.
Note: The above are attorney fees for different cases. If it is necessary to travel to another place to handle the case, the party concerned shall bear the transportation expenses, accommodation expenses, and long-distance telephone charges, and these expenses can be reimbursed.
In our daily life, if a private loan dispute or some other dispute is brought to court, it will cost a certain amount of money, including not only litigation fees, but also attorney fees. Should the attorney fees be paid first or later? Payment must be determined through negotiation.