It is not uncommon for the parties to appeal against the first-instance judgment issued by the court. If the first instance entrusts a lawyer to represent the case, it will involve the lawyer's attorney's fee for the second instance appeal. In practice, many people are not clear. So is there a lawyer's fee for the appeal? I will give you detailed answers below, hoping to help you.
1. Is there a lawyer's fee for the appeal?
You need to pay the lawyer's fee.
The lawyer's fee is divided into three stages: the first trial fee, the second trial fee and the execution fee. It should be noted that because the corresponding laws and regulations do not guide the fees in the implementation stage, fees are generally negotiated in practice, or included in the fees of the first and second trials, which is equivalent to exempting the fees in the implementation stage.
For cases that have been represented in the first or second instance, the agency fee shall be charged at half of the first or second instance. Other handling fees remain unchanged. For retrial (appeal) cases that do not represent the first and second instance, the agency fee shall be charged according to the standard of the first instance, and other handling fees shall remain unchanged.
Second, is the lawyer's fee borne 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.
Legal basis:
Article 16 of the Measures for the Administration of Lawyers' Fees
When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 17 of the Measures for the Administration of Lawyers' Fees
After signing a contract with the client, the law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 18 of the Measures for the Administration of Lawyers' Fees
When a law firm collects lawyer service fees from its clients, it shall issue legal bills to the clients.
3. Is the lawyer's fee paid first or later?
1. There are two ways to pay lawyer's fees. One is to pay the lawyer when signing the contract, and pay in proportion. All localities have formulated detailed methods for charging lawyers. One is to pay after the litigation procedure is over, which belongs to the risk agency and has a higher charging standard.
2. As for whether the lawyer's fee is paid first or later, there is no clear stipulation in laws and regulations, which is determined by the parties and lawyers through consultation. In practice, it can be agreed to pay legal fees in advance; You can also choose to pay afterwards; You can also choose to pay part first and part later.
3. Whether the specific lawyer's fee is paid before or after the trial of the case, the parties may negotiate with the lawyer. Generally speaking, the lawyer's professional standard determines whether the lawyer's fee is paid first or later. If the lawyer is professionally responsible, he can pay in advance. If he is worried about the success or failure of the lawsuit, he can pay half the fee first and part of the fee after the trial.
The above is the knowledge I collected for you about whether to charge a lawyer's agency fee for your appeal. To sum up, the appeal, like the first-instance procedure, also needs the lawyer's agency fee.