The charge is different.
(1) Preliminary stage
Calculation proportion of disputed object (calculation base)
The part of the disputed subject matter that is less than 654.38 million yuan, 1.7%, but not less than 5,000 yuan.
2.6% of the disputed objects are more than 65438+ 10,000 yuan but less than 1 10,000 yuan.
3 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.
4. 3% of the disputed object is more than 5 million yuan and less than 6,543,800 yuan.
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan.
6 0.5% of the disputed objects are more than 50 million yuan.
(2) The second trial stage
1 If it does not represent the first instance but only the second instance, the agency fee will be charged according to the first instance standard, and other handling fees will remain unchanged.
2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.
For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
Second, the lawyer's work in the trial stage of first instance.
The trial stage generally refers to the date when the court accepts the prosecution from the procuratorial organ to the date when the judgment of the first or second instance takes effect. The trial stage often includes two stages: first instance and second instance. In the trial stage, it is precisely the stage when lawyers play their greatest role.
In the first trial stage, the lawyer's work is mainly manifested in the following aspects:
1. Meet with the criminal suspect, find out the evidence clues of the criminal suspect (called "defendant" at this stage), and collect evidence of the defendant's guilt or innocence;
2. Make an appointment with the presiding judge, read and copy the case file materials accusing the defendant of being guilty;
3. Meet with the defendant and exchange views with the defendant on the defense opinions initially formed by the lawyer; Inform the defendant of the trial procedure and matters needing attention in the trial, and do some cross-examination drills when necessary, so as to cooperate properly in the court and strive to achieve the best trial effect;
4. Seriously study the case and make full preparations for the trial. Hire famous domestic criminal experts to provide authoritative opinions and support the defense opinions of major and difficult cases; If necessary, influential media can be invited to supervise and appeal to ensure fair trial;
5. Seriously respond to the trial, fully explain the defense reasons, be empathetic and act with reason, and try to win the judge's approval of the defense point of view;
6. Carefully prepare the defense and persuade the judge to make a written judgment in favor of the defendant; In a legal way, through various channels to influence the views of judges;
7. After the judgment of the first instance, meet the defendant in time, inform the defendant of the advantages and disadvantages of the judgment, solicit opinions on the judgment, and put forward reasonable suggestions on whether to appeal;
8. If the defendant requests an appeal, help the defendant prepare the appeal.
Third, the lawyer's work in the second trial stage.
The procedure of second instance, also known as the procedure of appeal trial, is the steps, ways and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal or the people's procuratorate's protest. It is an independent litigation stage in criminal proceedings. Appeals can be made by appeal or orally. According to Article 184 of the Criminal Procedure Law, the appellant can appeal through the people's court of first instance or directly to the people's court of second instance.
1, refer to the trial materials of the first instance, review the defense plan and defense viewpoints of the first instance, and redraft the defense ideas;
2. Meet with the defendant, exchange the gains and losses of the first trial and the defense ideas of the second trial, understand the clues of light and innocent evidence that have not yet been discovered, and collect strong evidence;
3. Actively exchange views on the case with the judge of second instance, and strive to promote the trial of second instance (cases of second instance are usually tried in writing, which deprives the defendant of his litigation rights to some extent);
4. Carefully prepare and actively respond to the court debate;
5. Carefully prepared defense words influence the judge of second instance to make a judgment in favor of the defendant in various forms;
6. After the judgment of the second instance, meet with the defendant, analyze the advantages and disadvantages of the judgment, and guide the defendant to correctly understand the judgment result of the judgment. If the defendant asks for a complaint, actively help the defendant prepare the complaint.
The above is the related legal knowledge about the same lawyer fees in the first instance and the second instance. To sum up, the lawyer fees of the first trial and the second trial are different. The first trial shall be calculated according to the disputed subject matter, and the expenses of the second trial shall be divided according to the situation.