1. Is the criminal lawyer's fee paid by the losing party?
Attorney fees are generally not borne by the losing party. The attorney's fee for the lawyer entrusted by him in litigation or non-litigation is usually paid by the client himself, but in some cases, such as the parties to the contract stipulate the subject of attorney's fee in the contract, it shall be borne according to the agreement. According to the provisions of the payment method of litigation fees in China, the application fee for property preservation is due to litigation fees and is generally borne by the losing party. However, the attorney's fees are generally borne by the entrusting party. Except for contract disputes or non-contract disputes, if the original defendant has concluded documents related to the case disputes, if both parties clearly agree in the contract that "in case of disputes, the attorney's fees of both parties shall be borne by the losing party", then in the case of prosecution or arbitration, according to the principle of freedom of contract, the litigation request of the winning party for attorney's fees will generally be supported by the court.
There are three kinds of fees charged by criminal lawyers, namely, piecework fee, time fee and fee according to the proportion of the subject matter of the case. The specific fees depend on the local economic development level, the professional ability of lawyers, the difficulty of the case, and the manpower and material resources required for the case. Generally speaking, lawyers in economically developed areas will charge higher fees.
Lawyers charge different fees according to different services.
2. What materials do you need to apply for a legal aid lawyer?
1, ID card or other valid identification, and the agent applicant shall also submit the agent certificate.
2. Proof of economic difficulties.
3. Case materials related to the application for legal aid. The application shall be made in writing and the application form shall be filled in. If it is really difficult to file an application in writing, you can file an application orally, and the staff of the legal aid institution or the staff of the relevant institution who forwarded the application shall make a record.
The legal aid institution shall review its application within 15 days from the date of acceptance. According to the specific circumstances of the case or event, the legal aid institution may appropriately extend the time for examining the application, but the extension time shall not exceed 10 days at most.
If the applicant disagrees with the decision made by the legal aid institution not to grant legal aid, he may submit it to the judicial administrative department that determines the legal aid institution. The people's government at the same level will make a deliberation decision within 15 days from the date of receiving the application for reconsideration, and notify the applicant and the legal aid institution in writing.
The cost of hiring a lawyer shall not be borne by the losing party. When applying for legal aid, a lawyer should provide the applicant's identification materials and materials that can prove his financial difficulties, as well as evidence related to the case. Lawyers have the right to meet and read documents. They can go to the detention center to meet the suspects, or they can consult the files related to the case.