First, if I hire a lawyer, will I get a refund?
Legal fees can generally be determined according to the opinions reached through consultation. In the case of losing the case, the lawyer's fee is generally not refundable, but if there is an agreement to refund it, it shall be handled according to the agreed circumstances. Before entrusting a lawyer to handle relevant business, both parties will sign an agency contract. If there is a clause in the contract to refund the lawyer's fee, the lawyer's fee can be refunded through negotiation if the conditions are met. Lawyers charge for legal services, not winning prizes. Lawyers provide legal services for clients. If you lose a lawsuit, you win, and if you win, you lose. The risk of losing the case should be considered and borne by the parties concerned. Generally speaking, lawyers' legal service fees should not be refunded because of losing the case. Of course, it depends on how the agency contract signed by the parties and lawyers is agreed. If both parties agree to lose the case and refund the fee, then the contract shall prevail.
In addition, if the lawyer's fault violates the corresponding local regulations, he can also negotiate a refund. If the entrustment contract cannot be fulfilled due to the lawyer's fault and the client requests to terminate the entrustment relationship, the law firm shall refund all or part of the lawyer's service fees received or received in advance according to the lawyer's fault liability. If the client requests to terminate the entrustment relationship, and there is no lawyer's fault or the entrustment contract cannot be performed due to the client's fault, the law firm requests to terminate the contract, and the lawyer's service fee charged will not be refunded; If the fee is not prepaid or does not meet the actual workload of lawyers, the law firm may negotiate with the client to collect it according to the entrustment contract.
In handling the case, if both parties agree to terminate the contract and the entrustment relationship, the refund amount shall be determined by both parties through consultation.
Second, the standard of lawyer's fees in civil cases.
(1) Preliminary stage
Calculation proportion of disputed object (calculation base)
The part of the disputed subject matter that is less than 654.38 million yuan, 1.7%, but not less than 5,000 yuan.
2.6% of the disputed objects are more than 65438+ 10,000 yuan but less than 1 10,000 yuan.
3 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.
4. 3% of the disputed object is more than 5 million yuan and less than 6,543,800 yuan.
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan.
6 0.5% of the disputed objects are more than 50 million yuan.
(2) The second trial stage
1 If it does not represent the first instance but only the second instance, the agency fee will be charged according to the first instance standard, and other handling fees will remain unchanged.
2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.
For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
(3) retrial (appeal) stage
1 represents a retrial (appeal) case that does not represent the first and second instance. The agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.
2 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 fee. Other handling fees remain unchanged.
(4) Arbitration case: 65438+ 0.5 times of the charging standard for civil and commercial cases of first instance.
(5) Case execution: The fees are charged according to the standards of first instance in civil and commercial cases, and those who have represented litigation or arbitration cases will be charged at half the above standards.
In judicial practice, it is very common to hire lawyers to conduct legal review and appraisal of cases. Both parties can negotiate related expenses according to the actual situation. If the handling of the relevant situation is unclear, they can sign an agreement to legally identify the case, but the lawyer cannot guarantee that they will win the case. The specific situation depends on the actual situation.