Lawyer fees for retrial cases

1. How to Charge Lawyers in Retrial Cases When entrusting lawyers to represent you in retrial cases, how much you charge will depend on the actual situation. Lawyers’ fees involve many aspects and are related to local charging levels and the complexity of the case. Taking Beijing as an example: (1) Agency for trial cases 1. Agency for criminal cases will negotiate charging standards within the following range based on the complexity of the case and the popularity and experience of the lawyer handling the case: 1. Investigation stage (including procuratorate investigation): 5,000 -20,000 yuan; 2 Review and prosecution stage: 6,000-30,000 yuan; 2 Review and prosecution stage: 6,000-30,000 yuan; 2 Investigation stage: 6,000-30,000 yuan; 2 Review and prosecution stage: 6,000-20,000 yuan; 2 Review and prosecution stage: 6,000- 30,000 yuan; 3. Trial stage: 8,000-50,000 yuan; 4. Negotiable fees for criminal private prosecution and civil litigation are between 5,000-50,000 yuan. 5. For major and difficult cases involving national security crimes, gang-related and drug-related crimes, the agency fee will be charged at twice the above standards. The travel expenses, transportation expenses, accommodation expenses, and long-distance telephone charges required for handling the case shall be borne by the client. The expenses can be reimbursed in real terms, or they can be used as a lump sum through negotiation. (2) Second-instance cases 1. For second-instance cases that are not represented in the first instance, the agency fees will be charged according to the standards of the first instance, and other case handling fees will remain unchanged. 2. For cases that have been represented in the first instance, the agency fee will be charged at half of the first instance fee standard, and other case handling fees will remain unchanged. 3. When acting on behalf of a case that is remanded for retrial in the second instance, the agency fee will be charged at one-half of the second instance fee standard, and other case handling fees will remain unchanged. (3) Acting as an agent in retrial (appeal) cases 1. If the client does not act as an agent in the first or second instance cases, but independently acts as an agent in the retrial (appeal) case, the agency fee will be charged at twice the first instance fee standard. The charging standards for other cases remain unchanged. 2. For cases that have been represented in the first or second instance, the agency fee will be charged at half of the first or second instance fees. The charging standards for other cases remain unchanged. (4) Agency execution cases 1. If an individual agency executes a case, the agency fee shall be charged according to the first-instance fee standard. The charging standards for other cases remain unchanged. 2. For cases that have been represented in the first or second instance, the agency fee will be charged at half of the first or second instance fees. Other case acceptance fees remain unchanged.

2. Conditions for applying for retrial of civil litigation (1) The subject applying for retrial must be legal. According to the provisions of the "Civil Procedure Law", only the parties in the original trial who have the right to apply for retrial, that is, the original plaintiff, the original trial party The defendant, third parties with independent claims and third parties without independent claims who are judged to bear obligations, as well as the appellant and the appellee. Appellant and appellee. (2) The objects of application for retrial must be judgments, rulings and mediation documents that have become legally effective. According to the provisions of the Civil Procedure Law, parties may apply for retrial of judgments, rulings and mediation documents that have become legally effective. The judgments that can be applied for retrial include the judgments made by the local people's courts at all levels as the first instance court that can be appealed according to law but the parties have not appealed within the statutory time limit, the final judgments made by the people's courts of second instance and the first instance judgments made by the Supreme People's Court. referee. Mediation documents that can be applied for retrial include mediation documents produced by the first-instance court and the second-instance court on the basis of the mediation agreement reached by the parties. (3) Applications for retrial must be submitted within the statutory time limit. According to the provisions of the Civil Procedure Law, a party's application for retrial must be submitted within 2 years after the judgment or ruling becomes legally effective. If it has been more than 2 years, even if there are sufficient reasons for applying for reexamination, the reexamination procedure cannot be initiated. Regarding the time for retrial of mediation applications, the Civil Procedure Law does not directly stipulate. However, from the perspective of the overall spirit of the legislation, the time for mediation application for retrial should be consistent with the time for application for retrial for judgment and ruling. (4) The application for retrial must comply with statutory facts and reasons. For cases where the judgment of the People's Court has taken effect, the application for retrial must have statutory facts and reasons that warrant retrial: when a party applies for retrial, there should be new evidence that is sufficient to overturn the original judgment or ruling; The main evidence for determining the facts in the judgment or ruling is insufficient; the original judgment or ruling is indeed wrong in the application of law; the people's court violates statutory procedures, which may affect the correct judgment or ruling of the case; the judges engage in corruption, bribery, malpractice for personal gain, or bend the law during the trial of the case Referee behavior.

The above knowledge is the editor's answer to the question "How do lawyers charge for retrial cases?" How to charge lawyers for retrial cases depends on the actual situation. Lawyers' fees involve many aspects, including local charging levels and the complexity of the case. relation. Reader