Civil cases are divided into property cases and non-property cases, and legal fees are charged for property cases according to the amount claimed or the price ratio.
Property cases shall be paid in installments according to the amount or price claimed by the lawsuit;
If it does not exceed 1 10,000 yuan, each piece shall be paid to 50 yuan;
2.5% for the part exceeding 1 000 yuan to 1 000 yuan;
2% shall be paid for the part exceeding 6,543,800 yuan to 200,000 yuan;
For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
More than 2 million yuan to 5 million yuan, according to 0.8% pay;
The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
The part exceeding 20 million yuan shall be paid by 0.5%.
Non-property cases are paid according to the following standards:
Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
500 yuan shall pay 100 yuan for each case that infringes on the rights of personality such as name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
Other non-property cases cost 50 yuan to 100 yuan each.
In civil cases of intellectual property rights, if there is no dispute about the amount or price, each piece will cost 500 yuan to 1 000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
Payment for each labor dispute case 10 yuan.
Second, who will bear the legal costs of civil litigation?
The lawyer's fees are generally borne by the parties themselves, and if there are explicit provisions in the law, they can also ask the other party to bear them.
Relevant regulations clearly stipulate that the lawyer's fees shall be borne by the losing party. In case of contract dispute, the creditor exercises the right of cancellation. In copyright civil disputes, the people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. Trademark civil dispute cases. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
Three, how to collect the lawyer's fees in civil litigation cases?
Lawyers in different places charge different fees. Let's take the fees charged by lawyers in civil cases in Guangdong as an example:
Time cost
200-3000 yuan/hour.
Piece rate
Civil litigation not involving property: 3000-20000 yuan/piece.
Civil litigation involving property: based on the basic cost of 1 1,000-8,000 yuan, it will be collected by stages and in proportion to the disputed subject matter;
Less than 50,000 yuan (including 50,000 yuan): free.
50,000-65,438+10,000 yuan (including 65,438+10,000 yuan): 8%
65438+ million-500,000 yuan (including 500,000 yuan): 5%
500,000-6,543.8+0,000 yuan (including 6,543.8+0,000 yuan): 4%
1 10,000-5 million yuan (including 5 million yuan): 3%
5 million yuan-10/00000 yuan (including100000 yuan): 2%
100000-50 million yuan (including 50 million yuan): 1%
More than 50 million yuan: 0.5%
The above fees are allowed to fluctuate by 20%.
The above-mentioned charging standards and proportions are the charging standards for trial-level litigation cases or arbitration cases.
Those who represent the second instance instead of the first instance will be charged according to the standard of the first instance; Those who have acted as agents for the second trial after the first trial, or have been sent back for retrial, retrial application or retrial case after the first trial or the second trial, shall be charged according to half of the standards of the first trial; In cases involving arbitration, if you have acted as an agent for arbitration, the fee will be halved according to the arbitration standard in the first or second trial stage of litigation. The execution of a case is charged at a trial level.
Criminal incidental civil, in which the civil part is charged by half according to the standard of first instance.
Legal basis: Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I).
Necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes.
The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 56 of the Trademark Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement.