How are attorney fees calculated? If the dispute cannot be resolved through effective negotiation, a lawsuit can be filed in the People's Court. During the litigation process, it is necessary to submit an indictment, organize evidence, conduct defense, etc. In order to save energy and time, the parties can hire a lawyer to entrust a lawyer to do so. Hiring a lawyer requires you to pay a certain fee. Here is an introduction to how to calculate lawyer fees in a lawsuit.
Lawyer fees are divided into three charging methods: (1) Charge per case. For some cases with no monetary limit, cases with smaller amounts and criminal cases, fees are generally charged on a case-by-case basis. (2) Charges are based on the amount. According to the charging standards of the Bureau of Justice and the National Development and Reform Commission, there are tiered charges based on the amount. For example, parts below 100,000 are charged at one standard, and parts between 100,000 and 500,000 are charged at one standard. By analogy, charges will be divided into different segments according to the subject matter of the entrusted case, and finally superimposed. The above two types of charging standards are implemented according to the standards issued by different provinces, autonomous regions, and municipalities according to different regulations on economic development. (3) Risk agent. Risk agency is divided into two types: complete risk agency and incomplete risk agency. The entrusted agency does not charge agency fees. After the case is won or the execution funds are settled, the execution will be carried out according to the agreement between the two parties. The agency fee is generally 20-30% of the subject amount; another type of semi-risk agency, that is, part of the agency fee is charged when entrusting the case, and the remaining agency fee is charged according to the agreed time ratio after the case is won or the execution is completed. This kind of agency is compared to a full-risk agency. The agent charges a smaller percentage.
2. Lawyer service fees
(1) Fees for handling civil cases 1. Civil cases that do not involve property relations are 500-3,000 yuan per case; 2. Cases that involve property relations For civil cases, lawyer service fees are calculated according to the following proportions: The fee proportion for the subject of dispute is less than 10,000 yuan, 500-1,000 yuan, 10,001 to 100,000 yuan 5-4, 100,001 to 500,000 yuan 4-3, 500,001 to 1,000,000 yuan 3-2, 1,000,001 to 10,000,000 yuan 2 -1 10000001 yuan or more 1-Ⅱ) Handling criminal cases 1. Investigation stage 500 yuan 2. Review and prosecution stage 800-3000 yuan; 3. First instance stage 1000-4000 yuan; 4. Criminal private prosecution cases or criminal case victim representation, not involved Each item involving property relationship is 1,000-4,000 yuan; each item involving property relationship is 1,000-4,000 yuan; each item involving property relationship is 1,000-4,000 yuan.
4,000 yuan for each case that does not involve property relations; if it involves property relations, the regulations on civil cases involving property relations will be followed.
(3) Administrative cases 1. 500-2,000 yuan per case that does not involve property relations; 2. If property relations are involved, the regulations for civil cases involving property relations shall be followed.
(4) Complaints for handling various types of litigation cases other than criminal cases 1. 500-2,000 yuan per case that does not involve property relations; 2. Complaints involving property relations shall be in accordance with the provisions of civil cases involving property relations implement. Arbitration cases are charged according to the charging standards for civil cases; the amount of fees for providing non-litigation legal services, answering legal consultations, writing legal documents, and serving as legal advisors shall be determined by the law firm through negotiation with the parties. The above types of fees are all litigation cases or first-instance arbitration cases. Those who have not gone through the first instance but have gone through the second instance will be charged according to the first instance standards; those who have gone through the first instance but have gone through the second instance will be charged half of the first instance standards. In cases involving arbitration, if the lawyer has acted for the arbitrator, the first and second instance litigation fees will be charged at half of the arbitration stage fees.
In enforcement cases, half of the first-instance fee shall be reduced. If the case is complex or has a large impact, the charging standard may be higher than the prescribed standard, but the maximum shall not exceed three times the prescribed standard. Through the introduction of how to calculate lawyer fees in lawsuits, we can see that the charging standards for different types of lawsuit lawyers are different. Some charge on a per-case basis, and some charge on a proportional basis. How much money you need to spend on hiring a lawyer depends on the actual circumstances of the case and the specific content of the entrustment. Generally speaking, the more complex the case, the more matters are entrusted, and the more attorney fees you need to spend, the better.