Legal consultation is not limited to lawyers' answers to legal knowledge of legal seekers, but also involves the practice of a wider range of legal workers.
Legal consultation in a narrow sense (consulting business in lawyers' traditional business) refers to consulting business other than signing entrustment contracts, that is, lawyers explain and explain relevant legal affairs and put forward suggestions and solutions.
Consultation can also be divided into: on-site oral consultation, lawyer consultation after the parties provide the case materials; Formal fee consultation, informal free consultation is for reference only.
Legal consultation refers to providing answers to legal knowledge questions. Due to the complexity of the law, non-professionals often need to turn to lawyers and other legal professionals when they encounter legal problems. Legal advice is divided into free and charged. Usually, online legal consultation is mainly free, and there are also large professional websites that provide online free consultation. In actual legal consultation, lawyers usually charge a certain fee according to the difficulty of the question and the time to answer it. 1, popularize the law;
2. Stabilize litigation;
3. Communicate with the masses and relevant authorities;
4. Improve your level.
5. Improve citizens' legal awareness.
6. The concept of "ruling the country according to law" is deeply rooted in the hearts of the people. In order to implement the spirit of the notice of the Central Committee on Forwarding the Preliminary Opinions of the Central Leading Group for the Reform of the Judicial System on the Reform of the Judicial System and Working Mechanism, standardize the charging behavior of lawyers' services, and safeguard the legitimate rights and interests of clients and law firms, the Measures for the Administration of Lawyers' Service Fees are formulated.
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 with 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
According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
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.
Article 11
When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, the risk agency fee may be implemented, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(4) Request for payment of labor remuneration, etc.
Article 12
It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 13
To implement the risk agency fee, 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.
Under the guidance of the Ministry of Justice, lawyers vary from place to place.
According to the new estimated cost. 2002 1047, the provisional standard of lawyer service fee in Xinjiang Uygur Autonomous Region: 20- 100 yuan/piece, regardless of property relationship; Involving general property relations 50- 150 yuan/piece; 100-500 Components related to commercial property rights; For more complicated legal consultation, you can negotiate with the parties to charge within 3 times the standard.
Other provinces have different legal consultation fees, but they are roughly the same. Lawyers should follow the following steps when answering legal advice:
1. Basic information of registered inquirers
For some major questions or cases, if the consultant refuses to disclose his identity and does not agree to register, the lawyer may not answer.
2. Listen to the inquirer's statement
2. 1 Pay attention to patiently find out the ins and outs of the problem;
2.2 When necessary, key plots and details shall be recorded;
2.3 Listen to the point, key and essence of the problem.
3. Observe the mental state of the questioner.
People who are overly emotional should be good at stabilizing their emotions, finding out their true intentions and finding out the crux of the problem.
Step 4 check the relevant materials
Pay attention to whether the inquirer's narrative is based and related to the relevant materials provided by him.
5, targeted questions.
Effective questioning can make the narrator save unnecessary repetition and clearly describe the focus of the problem.
6. Comprehensive analysis
Comprehensive analysis of the above situation, judge the essence of specific issues and determine the relevant legal basis.
Step 7 answer
7. 1 be targeted;
7.2 should be based on the law;
7.3 Language should take into account the acceptability of the inquirer;
7.4 Make clear that the answer to the case should be concrete and feasible;
7.5 Persuade unreasonable demands and don't intensify contradictions.