3. When looking for a lawyer, the parties should negotiate with the lawyer about the charging method, and sign an entrustment agreement after reaching an agreement, which should specify how to charge. If the parties fail to pay in accordance with the agreement, the lawyer has the right to bring a lawsuit to the people's court and demand the payment of the lawyer's fee.
Legal basis:
law of advocate
1. How do lawyers in Luoyang generally charge? The guiding price of lawyer's fees is stipulated.
(1) Guidelines for criminal cases.
(1) The charging standard for criminal cases should be determined according to the specific circumstances.
1. In the investigation stage, the charge for each piece is 3000- 15000 yuan.
2. In the prosecution stage, the fee is 5000-20000 yuan each time.
3, the initial trial stage, each charge 5000-30000 yuan.
(2) In cases of second trial, death penalty review, retrial, appeal and criminal private prosecution, 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 case, the lawyer's service fee shall be charged according to the charging standard of civil action case. If a criminal case involves the amount of fees, it may be charged with reference to the standard fees for civil cases.
(4) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, they may be prosecuted case by case according to the crimes or criminal facts involved.
(2) Guiding standards for civil cases
(1) The charging standard for civil cases is determined according to the trial stage.
1, piece rate
Each charge that does not involve property rights is 2000- 10000 yuan.
2, according to the proportion of the amount of charges.
For the part below 65438+ 10,000 yuan (including 65438+ 10,000 yuan), the fee is 3,000-5,000 yuan;
6.5438+0.000 yuan to 6.5438+0.000 yuan (including 6.5438+0.000 yuan), 3-5%;
6.5438+0.000 yuan to 6.5438+0.000 yuan (including 6.5438+0.000 yuan), 2-4%;
100000 yuan to 50 million yuan (including 50 million yuan),1-3%;
More than 50 million yuan, 0.5-2%.
According to the different amount of disputes in the case, progressive charges are implemented.
(2) In principle, the risk agency fee shall not be higher than 30% of the property interest agreed with the customer.
(3) In cases of retrial, appeal and execution, lawyers' service fees shall be charged with reference to the charging methods and charging standards determined in a trial stage respectively.
(3) Costs of administrative cases and state compensation cases
(1) For administrative cases and state compensation cases, the charging standard shall be determined on a case-by-case basis at each trial stage.
(2) Piece rate is 3000-20000 yuan per piece.
(3) If the property relationship is involved, the charging standard can be implemented in proportion to the amount of civil cases.
(4) Time charging standard
100 yuan-3,000 yuan/effective working hours.
(five) perennial or special legal counsel fees.
The fees shall be determined by the law firm and the client through consultation. When a lawyer handles the above-mentioned cases while serving as a legal adviser, he shall charge the lawyer's service fees separately according to the charging standards of various cases.
Second, it is necessary to hire a lawyer in a lawsuit, 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.