In auto insurance litigation, you should ask a lawyer to choose a suitable lawyer based on the following suggestions:
1. Choose a regular lawyer and check the lawyer's practicing certificate. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practicing certificate in accordance with the law and provides legal services to the society. Persons who have not obtained a lawyer's practicing certificate may not practice law in the name of a lawyer, nor may they engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when requesting a lawyer, the client must check the lawyer's qualifications and whether he or she has a lawyer's license.
2. Look at the lawyer’s expertise and prescribe the right remedy. Find a lawyer who has expertise in this area to maximize your legitimate interests.
3. View lawyer positions, years of experience, lawyer columns, articles, past cases, etc. , learn more about lawyers.
The government-guided price standards for traffic accident lawyer services are as follows, which can be negotiated by lawyers and can fluctuate:
(1) Piece rate salary
First, criminal representation Cases:
1. Providing legal consultation, acting as an agent for appeals, accusations, and applications for bail pending trial during the investigation stage: 1,500-10,000 yuan/case;
2. During the review and prosecution stage: 2,000-10,000 yuan /piece;
3. Preliminary review stage: 3,000-30,000 yuan/piece.
If you represent a criminal private prosecution case or serve as a victim’s attorney, you will be charged according to the above standards.
2. Representation of civil, administrative litigation and state compensation cases that do not involve property relations: RMB 3,000-12,000 per case.
(2) Charged in proportion to the amount.
Representing civil, administrative litigation and state compensation cases involving property relations can be accumulated in the following proportions based on the amount of the litigation subject matter:
654.38+ million yuan or less (including 654.38+ million yuan) ) has a partial fee of 8%-12%.
If the fee is less than 3,000 yuan, it can be charged as 3,000 yuan;
The proportion of part of the fee from 6.5438 million yuan to 6.5438 million yuan (including 6.5438 million yuan) is 5% -7%;
654.38+0 million yuan to 654.38+0 million yuan (including 654.38+0 million yuan), some expenses are 3%-5%;
654.38+ The portion of fees ranging from 0.0 million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) accounts for 654.38+0%-3%;
The fee ratio for the portion above 100 million yuan is 0.5%-1% .
(3) The hourly charge for representing criminal, civil, administrative litigation cases and state compensation cases, as well as representing appeals in various litigation cases, is 200-3,000 yuan.
Whether to hire a lawyer when handling a traffic accident lawsuit should be decided based on the actual situation of the parties involved. It is not necessary to hire a lawyer to litigate. If you have a strong personal legal awareness, you can also choose to handle traffic accident litigation on your own.
To sum up, liability for attorney fees in auto insurance litigation is a very complex issue. Insurance companies and policyholders can clarify their liability for attorney fees through the insurance contract. At the same time, during the dispute resolution process, the liability for attorney fees also needs to be adjusted according to different circumstances. When signing a car insurance contract, both parties should carefully read the insurance terms, clarify the liability for attorney fees, and conduct adequate communication and negotiation during the dispute resolution process to avoid unnecessary legal disputes.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 58
Parties and legal representatives may entrust a The two acted as litigation attorneys.
The following people can be entrusted as litigation agents:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives of the parties or Staff members;
(3) Citizens recommended by the community, unit and relevant social groups where the parties are located.