As we all know, there is no guarantee of winning or losing in a lawsuit. Sometimes, even though you have hired a lawyer, you will still lose the case, and you may feel that it is better not to hire a lawyer and just spend money and lose the case. So if you lose the lawsuit, do you still have to pay attorney fees?
Generally, if you lose the lawsuit, attorney fees are due. Winning or losing a lawsuit is not a reason to refuse to pay attorney fees. Moreover, attorney fees are generally paid to the attorney you entrust when signing the agency contract, and they cannot be refunded to you if you lose the lawsuit.
1. Should attorney fees be paid first or after the lawsuit is filed?
After consultation with the client, the lawyer can decide how to collect attorney fees. You can pay first or pay later. In fact, attorney fees are generally paid first. As a member of the service industry, every lawyer can only say that they promise to do their best. Lawyer's fees are the process from entrustment to case settlement. Lawyer's fees are not the lawyer's fees to ensure that you win the case.
2. Lawyers charge mainly in the following ways: 1. General agency is a more common way to charge lawyers. After signing the contract, you can pay as much as you want. Regardless of the final outcome, the attorney fees are non-refundable. 2. Semi-risk agency refers to paying a portion of the fee when entrusting a lawyer. After the case is concluded, if the agreed result is reached, the remaining attorney fee will be paid; if the result is not reached or the case is lost, the remaining money does not need to be paid. 3. Full-risk agency means that no attorney fees are spent when signing the contract, and attorney fees are paid according to the contract after the final case result is announced. If you lose, you don’t have to pay attorney fees. However, the litigation fees in court are the same as those of ordinary agents and semi-risk agents, and they need to be paid by themselves in court. If you lose the lawsuit, the legal fees will not be refunded.
There are many reasons for losing a lawsuit. If the lawyer is irresponsible and the case is lost, for example, the lawyer is not present during the trial, you can ask the lawyer for compensation or a refund. Semi-risk or full-risk representation models can save all or part of legal fees.
4. You have to pay to litigate, and you only get charged if you win.
As we all know, no one can guarantee victory or defeat in a lawsuit, so we are faced with the embarrassing situation of not only wasting money, but also losing the lawsuit. In response to this situation, Fabao Online has launched a new legal service agency model -
Only fees will be charged if the lawsuit is won (post-litigation charges):
All litigation costs for the parties, Including attorney fees, litigation fees, execution fees, etc., all must be paid in advance and will be paid in proportion after the case is successfully executed.
To sum up, that is to say, there are only four situations in which the case can be lost without paying legal fees:
1. The lawyer made a major mistake, 2. Half-risk agency, 3. Full-risk agency, 4. Magic weapon online fund-raising litigation model.
No money will be spent to litigate, and no money will be paid if the case is lost. The "prior litigation" model bundles the interests of clients and lawyers, making lawyers more responsible to clients when representing cases.
How much does it cost to hire a lawyer? Four pitfalls of attorney fees.
I believe many people have no experience in hiring a lawyer to litigate. How much does it cost to hire a lawyer? It seems that this question is difficult to answer. In fact, this question is like asking a doctor how much it costs to treat a disease. It's hard to answer clearly. Different diseases, different medical expenses, different cases, attorney fees are different. However, this does not mean that attorney fees are an arbitrary price. On the contrary, there are specific standards for attorney fees. When requesting payment from a lawyer, the client needs to pay attention to these points, otherwise it is easy to be deceived.
First, the price of lawyers.
There are two main ways to charge lawyers. One is a regular agent, which requires payment in advance. Regardless of whether you win or lose the lawsuit, you will need to pay, but the fees will be relatively low. The other is contingency agency, which only requires you to pay part of the attorney's fees upfront, and the rest will be paid after the lawsuit is won, but the attorney's fees are usually higher.
Second, attorney fees and legal fees must be distinguished.
The attorney's fees will be paid to the court by yourself or the attorney; the attorney's fees will be paid when you sign the commission contract with the attorney. Litigation fees and attorney fees need to be charged separately. Each stage of the case trial must be negotiated with the lawyer and reflected in the contract. It can usually be divided into three stages: first instance, second instance, and execution. The client can also make a one-time payment. This situation is generally considered to be full liability.
Third, pay for a lawyer.
Usually when signing a contract with a lawyer, you need to pay, but when paying, the client must pay attention to the fact that the lawyer’s commission fee is not paid directly to the lawyer, but to the lawyer. The law firm where you work. If you find that you have been deceived, you should immediately complain or report to the Justice Bureau, Lawyers Association or public security agency.
Fourth, there is no guarantee lawsuit.
Many lawyers will inquire about connections when discussing a case and promise to win the case. It is best not to believe this situation, because it is impossible to find connections to handle the case or even influence the court's decision. What needs special attention is that if the lawyer requires the client to give money to run the relationship, in this case, do not give money foolishly. A regular lawyer would never do this. If this happens, many companies will have to be vigilant.
If you don’t want to spend money on a lawsuit, file a lawsuit in advance and charge only if you win.
1Fabao Online has an experienced team of lawyers who can conduct an overall analysis and evaluation based on the customer's dispute type and follow up the case with the appropriate lawyer. There is no need to worry about the professional skills of the lawyer, which increases the confidence of the parties in litigation.
Only fees for successful payments will be charged, and no fees will be charged if the case is unsuccessful.
Binding lawyer income and platform income to the parties ensures that lawyers will provide you with more proactive services, which is conducive to the advancement of the case.
3. Litigation first and fees later, so that disadvantaged groups who cannot afford litigation fees but do not want to pay attorney fees can enjoy the sunshine of the legal system.
I asked the lawyer not to charge fees at first, but then asked for money. Should I give it?
Although I am a lawyer, I think this situation can be avoided.
My personal consulting practice is - if there is a fee, I will put the consulting fee first to avoid the embarrassment of asking others for money in the future, who just want to come for free.
Besides, if you don’t clearly explain the consultation fee at the beginning, and then ask others for money after the consultation, others will not know the charging standard. I accidentally consulted you for an hour, and you told the consultant that he would charge several thousand yuan. Do you think it's right for you?
In this case, I absolutely cannot ask others to pay for consulting fees. If I were to charge a fee, I would definitely put the consulting fee up front. Everything will be said up front so that things can continue.