1. Will a lawyer intentionally lose the case in the first instance and then go to the second instance?
1, there will be a lawyer who intentionally loses the case in the first instance and then goes to the second instance.
Article 25 of the Lawyers Law of People's Republic of China (PRC) stipulates: "When a lawyer undertakes business, the law firm shall uniformly accept the entrustment, sign a written entrustment contract with the client, uniformly collect fees according to the provisions of the state, and record them truthfully. Law firms and lawyers should pay taxes according to law. "
It can be seen that a formal lawyer's entrustment contract can only be signed with the law firm where the lawyer is located, and an invoice should be issued. It is illegal for a lawyer to sign an entrustment contract privately in his own name, and the law firm does not invoice the attorney fees paid by the client, so it is difficult to protect the rights and interests of the client.
2. Method of collecting lawyer's fees:
The common charging methods of attorney fees mainly include routine fees, lump sum fees and risk fees, each with its own characteristics:
(1) Conventional fees: fees are charged according to the procedures of government information disclosure, investigation, administrative reconsideration, first instance, second instance, retrial and state compensation. Its characteristic is that the parties can choose flexibly according to their own situation. If you are not satisfied with the progress of the case or the lawyer's service, you can entrust other lawyers to continue to deal with it in the next procedure.
(2) One-time fee: After the one-time fee is charged, the case will be taken care of until the end, that is, only one-time fee will be charged, and all procedures related to administrative cases will be taken care of. Its characteristic is that the overall cost of the case is low, but it is usually difficult to properly resolve the service dispute with the lawyer in the process of handling the case, which may affect the progress of the case; The combination of the "package", "all-inclusive" and "management in the end" I just mentioned to you is not reliable, so this charging method is not so reliable.
(3) Risk fee: Before the judgment, mediation and settlement of a case, only a small amount of lawyer's fee is charged, and after winning the case or obtaining compensation, a higher fee is charged, which is generally proportional to the target amount. Its characteristic is that although the upfront cost is low, the lawyer's fee will be paid in proportion after the case is settled, and the cost of safeguarding rights is high.
Second, looking for a lawyer should pay attention to the problem
1, whether the basic information of the parties is accurate.
If entrusted by many parties, whether the information of all parties is complete. As a client, a lawyer can only provide legal services to the client specified in the entrustment contract, and neither party may change the client without authorization.
2. Whether the name of the law firm is accurate, and whether it is the law firm where the lawyer that the parties wish to entrust is located.
The name of a law firm can be verified by consulting the lawyer's practice certificate.
3. Verify the specific names of lawyers providing legal services in the entrustment contract.
In order to facilitate the internal division of labor and cooperation, many law firms often sign contracts with clients in the name of "the director of the law firm and his team members", rather than in front of lawyers. In practice, when such a contract signing method will lead to changes in the internal staff of the law firm, the law firm can arbitrarily change the case-handling lawyer without violating the contract, which means that it is likely that the actual case-handling lawyer is not the original lawyer. If the handover is not good in the process of changing lawyers, the new lawyer is unfamiliar with the case, which is likely to harm the interests of the parties.
4. Pay attention to the agreed entrustment.
Taking administrative cases as an example, the common procedures include government information disclosure, investigation, administrative reconsideration, first instance, second instance and retrial of administrative litigation, and state compensation. Lawyers will only provide legal services within the agreed scope of entrustment and charge corresponding fees. Words that seem to reassure you, such as "package", "all-inclusive" and "management in the end", are probably the biggest hidden danger on your way to safeguarding rights.
5. Confirm the amount and payment method of attorney fees.
The lawyer's entrustment contract embodies a legal relationship between the parties and the lawyer. Lawyers have the obligation to provide legal services in accordance with the contract, and the parties also have the obligation to pay legal fees in accordance with the contract. If the client fails to pay the lawyer's fee according to the agreed amount and payment method without reasons for breach of contract, it will constitute a breach of contract and may be investigated by the law firm for compensation for breach of contract.
6. Confirm the termination clause of the contract.
For example, in the case of land acquisition and demolition, there is often a clause that "this contract will be terminated after the parties sign the compensation and resettlement agreement", which means that if the parties sign the compensation and resettlement agreement themselves, the contract entrusted by the lawyer will be terminated and the lawyer will no longer provide legal rights protection services. See clearly whether the termination clause of the contract is reasonable, and more importantly, pay attention to your own behavior in the process of safeguarding rights. Even with a lawyer, you can't take "regret medicine" for many things.
To sum up, in today's society, there will still be unscrupulous lawyers who deliberately lose the first trial and then the second trial in order to overcharge, because each lawyer's charging method is different, so everyone should pay attention. It also explains in detail the ways of charging lawyers and the problems that need to be paid attention to when looking for lawyers. We should pay attention to these problems when looking for a lawyer in the future.