1. Generally speaking, there are two charging modes for attorney fees;
2. Normally, it is done in advance, that is, between you and the law firm or lawyer When signing an entrustment contract, the agency fee or defense fee is agreed upon. This should be paid in advance;
3. Risk agency, the parties and the lawyer reach an agreement through negotiation, and only pay a small part of the fee in advance or not. After the case is completed, it will be based on the target amount. Or the actual judicial effect, attorney’s fees shall be paid in proportion. For example, the lawsuit requires the defendant to pay one million yuan in arrears. Risk lawyers do not charge any fees before representing you, and you will not be able to get the million back until the case is completed. Risk lawyers can charge up to 30% of the million as legal fees, which is within 300,000. To sum up, paying in advance costs less. There are risks and high costs for risk agents, lawyers, and parties; the method the client chooses to pay attorney fees can be agreed with the lawyer in the commission contract. In addition, in our country, lawyers are subject to the management of the Lawyers Association, and legal fees have a fixed proportion. Lawyers need to charge attorney fees within the scope of industry standards. Violators will be regarded as violations and given certain penalties;
4. One-time charging means that after collecting the fee, the case will be responsible for the end, that is, it will only be charged once. Fees, responsible for the first instance, second instance and execution. The charging standards are appropriately increased on the basis of the first-instance charges in regular charges;
5. Risk charges Risk charges refer to charging a smaller fee before the execution of judgment, mediation, and settlement, and charging after winning the case or executing the payment. Higher fees. The charging standard is about 2,000-10,000 upfront, and 10-30% of the amount after winning the case. The above charging methods are determined through negotiation between the lawyer and the client based on the specific circumstances. In short, the method and amount of attorney's fees are determined by negotiation between the attorney and the client within a certain range. How to charge for a specific case and the amount of attorney fees must be determined through negotiation with the attorney.
Legal Basis
Lawyers Law of the People's Republic of China
Article 25
Businesses undertaken by lawyers shall be uniformly accepted by law firms To entrust, sign a written entrustment contract with the client, collect fees uniformly in accordance with national regulations and record them truthfully. Law firms and lawyers should pay taxes in accordance with the law.