1, different recipients
Legal fees refer to the fees that the parties should pay when they bring a lawsuit to the people's court. Lawyer's agency fee refers to the remuneration that a lawyer should charge for representing a client's legal affairs.
2. Different charging standards (methods)
According to the different service contents, the lawyer's service fee can be charged by piece, by the proportion of the target amount, by time and by the risk agent. The legal fees shall be implemented in accordance with the relevant provisions of the Measures for the Payment of Legal Fees.
The litigation costs paid by the parties to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
There are three kinds of fees in the process of litigation, namely, fees paid to the court, fees paid to lawyers and fees paid to other institutions.
First, the fees paid to the court.
The fees paid to the court are usually called legal fees. Lawyer fees are divided into broad and chivalrous concepts. Usually, what we say in oral English is the filing fee, which I call a narrow concept. In the formal interpretation of the entry, legal fees refer to the fees that the parties should pay when they bring a lawsuit to the people's court, including the fees for accepting cases and other litigation fees.
Fees for accepting cases. The case acceptance fee includes: the first-instance case acceptance fee (commonly known as the prosecution fee), the second-instance case acceptance fee (commonly known as the appeal fee) and the retrial case acceptance fee (commonly known as the retrial fee). The case acceptance fee is a fee that must be paid. Failure to pay the case acceptance fee will be treated as withdrawal of prosecution in the first instance, withdrawal of appeal in the second instance and withdrawal of retrial in the second instance.
The general case acceptance fee shall be paid by the plaintiff when filing the case. If the case is won, the defendant will pay the case acceptance fee in advance. If the case is partially won, the plaintiff and the defendant will be divided equally after the judgment. Moreover, the court has stipulated that if the case is closed within three months, the case acceptance fee will be halved.
2. Application fee
The application fee includes:
(1) execution fee. It means that the parties apply to the court for execution with effective legal documents. Common legal documents, such as court judgments, conciliation statements, rulings, labor arbitration statements of labor arbitration committees, rulings and conciliation statements of arbitration institutions, creditor's rights documents that can be enforced by notary organs according to law, etc.
② Property preservation fee. Generally, it is to prevent the defendant from transferring property, such as houses, cars and bank card deposits. After the plaintiff won the case, there was no property under the defendant's name to fulfill his obligations. We can apply to the people's court with jurisdiction to take preservation measures for the property before or during the litigation.
(3) Fees for applying for payment orders. Fees to be paid to the court when applying to the court for a payment order.
(4) the cost of applying for publicity. Public notice is a system in which the bill holder applies to the court to declare the bill invalid after the bill is lost, thus separating the bill rights from the bill.
⑤ Other application fees. For example, application for cancellation of arbitral award, bankruptcy, maritime injunction, adjustment of general average, establishment of limitation fund for maritime claims, registration of maritime claims, notice of maritime lien, etc.
3, witnesses, experts, translators, adjusters appear in court on the date specified by the people's court, transportation, accommodation, living expenses and lost time allowance.
4. Expenses that should be borne by the parties in accordance with the law due to identification, announcement, inspection, translation, evaluation, auction, sale, warehousing, storage, transportation and ship supervision in the course of litigation. The people's court decides that the parties shall pay directly to the relevant institutions or units according to the principle of who advocates and who bears, and the people's court shall not collect and pay on behalf of them.
Second, the fees paid to lawyers or law firms.
First of all, it needs to be clear that the fees paid to lawyers or law firms are not all called attorney fees, and there are other expenses, such as transportation and accommodation.
1, attorney's fee
Lawyer's fee, that is, lawyer's agency fee, refers to the remuneration that lawyers should receive for representing legal affairs and providing legal services to clients.
The collection of attorney fees is generally divided into two ways: conventional fees and risk agency fees.
The regular fee refers to the lawyer's fee for one-time sexual intercourse when signing the entrustment procedure. Whether a case is successful or not has nothing to do with legal fees.
Risk agents are mainly divided into complete risk agents and partial risk agents. The risk is that there are many lawyers who win the case, few lawyers who lose the case, and even no lawyers who lose the case.
Partial risk agent: after paying a certain basic lawyer fee in advance, the lawyer fee will be paid in proportion according to the result, which is lower than the above-mentioned all-insurance agent.
All-insurance agent: it needs to be determined through consultation with lawyers according to the specific circumstances of the case. Generally, it will be charged in proportion according to the results of the case, and generally it will not exceed 30% of the contract amount.
Generally speaking, there are fewer lawyers who choose full-risk agency, and most lawyers will choose the mode of partial risk agency. In this way, I can get some legal fees in advance, which will be more secure, at least to ensure that I will not be busy in vain.
The level of attorney fees is generally closely related to the difficulty of the case, the size of the subject matter, the complexity of the procedure and the time spent.
2. Transportation and accommodation expenses. Transportation and accommodation expenses are the transportation and accommodation expenses required by lawyers to handle cases for their clients, which need to be paid separately by the clients. Of course, if the transportation and accommodation expenses are relatively small, one or two hundred yuan, lawyers generally will not specifically ask the parties for it.
Third, the final cost to the third party.
Sometimes the parties will pay insurance premium, appraisal fee, evaluation fee, etc. Give it to the lawyer, but these fees are only collected by the lawyer and will eventually be handed over to a third party.
Insurance premium. For example, if you apply to the court for the preservation of the other party's property, at this time, the court will ask you to provide the guarantee of the same amount of property. For example, if you want to save the other party's house with a value of/kloc-0.0 million, you need to provide the same amount of property as a guarantee. Now the insurance company has introduced this kind of insurance, which only costs a little premium, and then the insurance company provides protection.
Appraisal fee. Appraisal fees are generally used for industrial injury appraisal, traffic accident disability appraisal and other personal and property damage appraisal. At this time, it is necessary to pay the appraisal fee to the appraisal institution.
Evaluation fee. Evaluation fee, as its name implies, is the cost of evaluating the value and use of various properties.
The difference between lawyer's fees and legal fees
Lawyer's fee, that is, lawyer's agency fee, refers to the remuneration that lawyers should charge for representing law firms for clients. Lawyer's fees are different from legal fees. Lawyer's fee is a civil agency fee based on the entrustment relationship, and lawyer's fee is a compulsory fee based on bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees. Attorney fees are optional, and legal fees must be paid.
Besides, not every case needs a lawyer. The case is simple, the facts are clear and the evidence is sufficient, so there is no need to hire a lawyer at all. After all, the lawyer's fee is not a small expense. The general starting price for legal fees to Xuzhou is 3000. Therefore, prosecution should be considered carefully, and lawyers should also consider it carefully.
legal provision
Article 118 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "In civil litigation, the parties shall pay the case acceptance fee in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations. Measures for charging litigation fees shall be formulated separately.