1, regular charge
Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit.
But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment. Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee.
2. One-time expenses
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution. The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
3. Risk cost
Risk charge means that only a small amount of fees are charged before the execution of judgment, mediation and settlement, and higher fees are charged after winning the case or executing the payment. The charging standard is about 2000- 10000 in the upfront cost, and 10-30% after winning the case.
The above charging methods shall be determined by the lawyer and the client through consultation according to the specific circumstances.
In a word, the way and amount of lawyer's fees are determined by the lawyer and the client through consultation within a certain range. How to charge for a specific case and how much the lawyer's fee should be determined through consultation with the lawyer.
Extended data:
According to the Measures for the Administration of Lawyers' Service Fees:
Article 12 It is forbidden to implement risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Thirteenth risk agency fees, 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.
Article 14 A law firm shall strictly implement the management measures and charging standards for lawyers' service fees formulated by the competent pricing department in conjunction with the judicial administrative department at the same level.
Article 15 A law firm shall publicize information such as measures for the administration of lawyer services and charging standards, and accept social supervision.
Article 16 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyer services, or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 17 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 18 When a law firm collects lawyer service fees from clients, it shall issue legal bills.
Article 19 The lawyer's fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer's service fees, and should be paid separately by the client.
Article 20 If a law firm needs to receive travel expenses in advance for handling cases in different places, it shall provide the client with an estimated fee and sign it after both parties reach an agreement through consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance.
Article 21 When a law firm settles the fees related to Articles 18 and 19, it shall provide the client with a list of fees charged on its behalf, travel expenses for handling cases in different places and valid vouchers. The customer may not pay the part that cannot provide valid vouchers.
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