(a) as a criminal suspect, defendant's defender, private prosecutor and victim's agent ad litem in criminal cases.
(1) Piece rate is charged at the stages of investigation, prosecution and first instance.
1. The charging standard for the investigation stage is 2000 yuan per piece-10000 yuan.
2. The charging standard at the stage of review and prosecution is 2000 yuan per piece-10000 yuan.
3. The charging standard in the initial stage is 3000-30000 yuan per piece.
(2) In the stages of second trial, death penalty review, appeal and retrial, the lawyer's service fee shall be charged according to the charging standard of the first trial stage.
(3) If the victim files a criminal incidental civil action, which is within the scope of government guidance, the charging standards for civil litigation cases stipulated in this Notice shall be implemented; If it falls within the range of market-regulated prices, the law firm and the client shall negotiate to determine the charging standard.
(4) If a criminal suspect or defendant is involved in several crimes or several criminal facts at the same time, the charges may be charged according to the crimes or criminal facts involved, and the fees may be reduced as appropriate.
(5) For major, difficult and complicated cases, the charging standard can be determined by the law firm and the client through consultation within 5 times (including 5 times) of the prescribed standard. The criteria for determining major, difficult and complicated cases shall be formulated separately by the Municipal Bureau of Justice.
(2) Acting as an agent for civil and administrative litigation cases in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, alimony, social insurance or minimum living allowance, acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition, and acting as an agent for citizens to request state compensation.
(1) charging standard in the initial stage
1. Piece-by-piece charges are applied if the property rights are not involved, and each piece charges 2000- 10000 yuan;
2 involving property rights, according to the proportion of the target amount of the cumulative charge:
Less than 65438+ ten thousand yuan (including 65438+ ten thousand yuan) 2000-65438+ ten thousand yuan.
4%-5% of the 6,543,800 yuan to 6,543,800 yuan (including 6,543,800 yuan).
1 10,000 yuan to 5 million yuan (including 5 million yuan) 3%-4%
5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) 2%-3%
100000 yuan to 50 million yuan (including 50 million yuan) 1%-2%
For some cases of second instance, appeal and retrial of more than 50 million yuan, the lawyer's service fee shall be charged according to the charging standard of the first instance stage respectively.
(3) If the client and the law firm reach an agreement through consultation, they can charge by the hour, and the charging standard is 200-3000 yuan/hour.
(4) The fees for lawyers' services are guided by the government. According to different service contents, it can take the form of piecework fees, proportional fees for the target amount or hourly fees. Only one charging method can be used for the same entrusted matter.
(5) When the same law firm represents the second trial, death penalty review, appeal and retrial of the same case, it shall reduce the fees as appropriate.
Second, what is the litigation process?
1. Prepare civil complaint and evidence. Submit a civil complaint and evidence to the court.
2. Bring a lawsuit to a court with jurisdiction. The court with jurisdiction is generally the court where the dispute occurred or the court where the defendant is located (if the defendant's habitual residence is inconsistent with the defendant's location, the defendant's habitual residence court can also be used as the court with jurisdiction).
3. Submit the complaint and relevant evidence. If it meets the conditions for prosecution, the court shall accept the examination, and if it considers that it meets the conditions for prosecution, it shall file a case within seven days and notify the parties concerned.
4. Enter the preparation stage before the trial. The court will serve a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant will file a reply within fifteen days after receiving the complaint.
5. Trial stage. Notify the parties and their lawyers before the hearing, and announce the name, cause of action, time and place of the hearing. After the hearing, the court clerk will find out the court appearance, announce the court discipline, the presiding judge will check the situation of the parties, announce the cause of action, list the judges and the clerk, inform the litigation rights and obligations, ask whether to apply for withdrawal, and then enter the investigation stage of the first court, where the parties or lawyers will make statements, witnesses will testify and read witness testimony. Show documentary evidence, physical evidence, audio-visual materials, read the appraisal conclusion, read the record of the inquest, enter the court debate session, the plaintiff or lawyer speaks, the defendant defends, the third person speaks or defends, and debate with each other. The presiding judge solicits opinions from all parties, and the trial stage ends.
6. When entering the judgment stage, the court must make a public judgment and serve the judgment. (The parties file an appeal and submit an appeal to enter the appeal hearing procedure), and the judgment becomes effective.
Third, whether it is necessary to hire a lawyer in litigation and the benefits of hiring a lawyer.
If you disagree with the other party on the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a great impact on you, you should still invite a lawyer to participate in the whole process. In litigation, lawyers can usually do two things for you:
(1) Run errands to handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with clerks and presiding judges, mediating, appearing in court, etc.
(2) Help you answer questions, reduce the risk of losing and improve the probability of winning. For example, you can ask a lawyer to analyze and suggest what you can say, what you can do, what you can't say, and whether you want to preserve notarization in advance. A lawyer can help you write a list of evidence of the complaint and defense, argue with the other party in court, state your views to the judge, and then negotiate and mediate with the other party.
In a word, the role of a serious lawyer is to save time and energy, improve efficiency and protect legitimate rights and interests to the maximum extent.
Tips: In the actual legal problem scenario, the details of the case are different.