First, different legal procedures, whether civil cases or criminal cases, cases of second instance or retrial cases, are all a new round of legal procedures. The legal procedure of first instance is because the parties exercise their litigation rights, and the procedure of second instance is because the parties exercise their right of appeal.
Although both the right of appeal and the right of appeal belong to the right of appeal, their direct purposes are different. The right of action requires the people's court to find out the facts of the case, apply the law correctly and protect their legitimate rights and interests; The direct purpose of exercising the right of appeal is to request the people's court at a higher level to review the facts ascertained by the court of first instance and the applicable laws, so as to change the judgment of first instance and achieve the ultimate goal of safeguarding their legitimate rights and interests. ?
Second, it will be clearly stipulated in the agency contract that if the parties to the case have doubts about whether they need to pay the lawyer's fees again in the second instance, they can look through the agency contract of the first instance. The agency contract will clearly state what case to represent, whether it is a case of first instance or a case of second instance, what is the agency authority of the entrusted lawyer, whether it is a full-time agent or a part-time agent, and what is the overall agency fee.
These things will find clear examples in the lawyer's agency contract, and you will know it at a glance.
Third, the charging standard has rules to follow. All the charging standards of lawyers are basically implemented in accordance with the corresponding standards. Taking Chongqing as an example, lawyers' fees are charged according to the Notice of Chongqing Municipality on the Measures for the Administration of Lawyers' Service Fees issued by Chongqing Municipal Price Bureau and Chongqing Municipal Bureau of Justice. Generally, the charging standards are divided into three categories:
1, piece rate
Piece-by-piece charging is a way to collect lawyer's service fees on the basis of each entrusted matter. This charging method is generally applicable to legal affairs that do not involve property relations. ?
2. Charge in proportion to the bid amount.
A method of charging lawyers' service fees according to a certain proportion of the subject matter involved in legal services. This charging method is used for legal affairs involving property relations.
3. Time cost
According to the hourly charging standard of lawyers and the charging hours for handling legal affairs, this charging method is applicable to all legal affairs. ?