I. Piece rate
(a) litigation agency fees that do not involve property relations.
1, the basic standard in general:
Type of case: (RMB/piece) civil case 1.500 yuan, 2000 yuan for administrative case, 3000 yuan for criminal case and 3000 yuan for arbitration case.
2. Different criteria for different cases:
(1) For simple litigation cases, specific charging standards can be determined within 50% of the above standards;
(2) Major litigation and arbitration cases can be determined within 3 times of the above basic standards;
(3) Difficult and complicated cases can be determined within 5 times of the above basic standards;
(4) If there are foreign-related factors (if the subject matter of the dispute or the place where the contract is signed or performed is abroad, foreign laws shall be applied to solve it), it shall be determined within 5 times of the above basic standards; The above factors can be combined, but the actual standard shall not exceed 10 times of the above standard.
3, simple, major, difficult and complicated cases, the standards formulated by the provincial or provincial city lawyers association.
4. The "well-known" lawyers assessed by the judicial administrative organs at or above the provincial level or the lawyers' association can determine the specific charging standards within the range of 10 times of the above standards.
(2) Litigation involving property relations
In addition to the basic criteria for determining agency fees that do not involve property relations, agency fees are charged separately (progressively) according to the following criteria: the subject matter of the disputed property is 6,543.8+0,000 yuan (inclusive):
1 ten thousand yuan-1 ten thousand yuan (inclusive)
65438+ 10,000 yuan-500,000 yuan (inclusive)
500,000 yuan-6,543.8+0,000 yuan (inclusive)
1100,000 yuan-5,000,000 yuan (inclusive)
5 million yuan-6.5438+million yuan (inclusive)
The rate100000 yuan is exempted from 4% and 3%. If the law firm negotiates with the client to implement risk agency in the above-mentioned cases involving property relations, the fees can be negotiated by both parties.
2. If there is a counterclaim in the litigation case, the fee shall be charged at half of the counterclaim amount.
(3) Other charging regulations
1. If a person acts as a private prosecutor in a criminal case or an agent for a victim in a public prosecution case, the charging standard for civil cases shall apply.
2. For litigation cases after the first instance and the second instance, the actual charges of the first instance will be halved; If the complaint has been followed up by the agent of the first instance or the second instance, it will be charged at half of the actual charging standard of the first instance; He represented arbitration, and the fees for the first and second stages of litigation were halved according to the arbitration stage.
Two. Provisions on agreed fees
Acting as an agent for complaints, applying for bail pending trial, acting as a legal adviser, handling witnesses, acting as an agent for books, reviewing various legal documents, answering legal advice, and providing other non-litigation legal affairs. , charged by the law firm in consultation with the client.
The work and role of lawyers
In civil litigation, the lawyer's work can be roughly divided into three stages.
1. After accepting the entrustment, the lawyer should make a comprehensive analysis of the case by understanding the case and the request of the parties, and then draw a strict litigation plan. The idea of the plan is mainly embodied in the complaint. A civil complaint is an important legal document, which is drafted by a lawyer. At the same time, it is necessary to guide the parties to prepare and sort out the evidence. This is the first stage. At this stage, the lawyer's main labor is intangible and the most important, and even plays a decisive role in the success or failure of the case.
2. The second stage is to file a case. Lawyers should prepare filing materials and file a case with the court on behalf of the parties. After the court accepts it, he will wait for the court summons to inform the court to open the session.
The third stage is trial, which is the central link of litigation. The lawyer will make full preparations before the trial. In court, lawyers should give evidence, cross-examine, express opinions and debate. After the hearing, lawyers can also organize written statements and submit them to the court. After the court's decision, if the party refuses to accept it, he can also appeal on his behalf. The above is the main work of lawyers in civil litigation.
The necessity of entrusting a lawyer
The professionalism and technicality of litigation determine the position and advantages of lawyers in litigation. Every case will not only involve one law, but also have comprehensive application ability and practical experience besides comprehensive legal knowledge. Gao Feixia, a law major, is familiar with the law, but he may not be able to operate successfully, because he is familiar with the art of war but has never been to the battlefield. Not to mention those who don't know the law. The litigation procedure is one-off and irreversible, and the result is related to the vital interests of the parties. Therefore, in order to better safeguard their legitimate rights and interests and avoid losing reasonable lawsuits and unnecessary losses. It is very necessary to entrust a lawyer to represent your lawsuit.
Hiring a lawyer will involve lawyers' fees, but due to the different levels of economic and political development in different places, the charging standards for lawyers' services are also different. When we need a lawyer, we should make a comprehensive judgment according to the local actual situation. Want to know more legal knowledge, welcome professional consultation.