1. How much does it cost to hire a lawyer to represent the lawsuit?
Generally speaking, lawyers charge by the hour, by the piece and by the subject. Lawyers in different regions and at different levels charge different fees. The amount of service fees charged by lawyers is not mandatory by the state. In some areas, there may be guidance on lawyers' fees issued by lawyers' associations and judicial bureaus, but generally only the minimum fees are stipulated. Lawyer service fees are mainly regulated by the market.
Lawyer fees are mainly divided into the following three situations:
First of all, time charges.
The charging standard is generally 200-500/ hour.
Second, charge by piece.
Generally, cases without property disputes are charged on a piece-by-piece basis, and the fees are generally 5000-20000 according to different cases.
Third, charge by volume.
If there is a property dispute in the case, the lawyer's fee will be charged in proportion to the subject matter of the lawsuit.
1. 8% of the disputed object 100,000 yuan-10%, and the minimum is generally not less than 5,000 yuan;
2.6%-7% of the disputed objects are more than 654.38+10,000 yuan but less than 1 10,000 yuan;
3.5% of the disputed objects are more than 6,543,800 yuan and less than 5 million yuan;
4.3% of the disputed objects are more than 5 million yuan but less than 6.5438+million yuan;
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan;
6. 0.5% of the disputed object is more than 50 million yuan.
Second, the procedure of seeking a lawyer to file a lawsuit.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 1 19 of the Civil Procedure Law. The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, what should I do if I can't solve the dispute?
Remind you: As people's legal awareness becomes stronger and stronger, they will be more inclined to take up legal weapons to protect themselves when they encounter disputes in their lives.
1, lawyers can help the parties analyze the case, advantages and disadvantages.
When encountering legal disputes, quite a few parties know little about the law. After hiring a lawyer, a lawyer who is familiar with laws and procedures can help analyze the case, point out the maze, and let the parties know their position in the lawsuit, thus laying a good foundation for legally exercising their rights.
2. Lawyers can help the parties to investigate the evidence.
After the parties have hired a lawyer, the lawyer may investigate the relevant units and individuals and obtain relevant evidential materials beneficial to the parties. Lawyers also have the right to consult the case file and fully understand the case. This provides a greater possibility for the parties to fight a good lawsuit and earnestly safeguard their legitimate rights and interests.
3. After accepting employment litigation, lawyers shall appear in court to participate in litigation, participate in court investigations and court debates, and state their opinions and requirements according to law.