First, in civil cases, is it necessary to ask a lawyer to lose the case and collect money?
In civil cases, lawyers also have to pay fees if they lose the case. According to the law of our country, the collection of lawyer's fees follows the principle of "openness, fairness, voluntary compensation, honesty and credibility", and lawyers do not charge according to the outcome of litigation.
Measures for the administration of lawyers' service fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Second, what factors are related to the lawyer's fee?
Working hours spent;
(two) the difficulty of legal affairs;
(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;
(four) the client's affordability and local social and economic development;
(5) Risks and responsibilities that lawyers may bear;
(6) The social reputation and working level of lawyers;
(seven) other expenses necessary for handling the case.
3. How are the rights of lawyers defined?
People's Republic of China (PRC) Lawyers Law
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Article 31
When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 32 A client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent.
After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.
Article 33
As a defender, a lawyer has the right to meet a criminal suspect or defendant in custody or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Article 34 A lawyer who acts as a defender has the right to consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.
As a matter of fact, some agency behaviors that lawyers engage in cannot violate the provisions of national laws, so having a lawyer does not mean that the parties will definitely win the case. Defendants in civil cases also have the right to hire lawyers. Whether or not to win the case is based on the relevant evidence materials submitted by both parties and the provisions of national laws, and does not depend entirely on lawyers.