1. Are the attorney fees for the first instance and the second instance charged separately?
Yes, the attorney fees for the first instance and the second instance are charged separately.
Second-instance lawyer charging standards:
Please negotiate with the lawyer to determine the specific fee amount.
The specific standards are as follows:
(1) Criminal case charging standards shall be charged on a piece-rate basis at each stage of case handling.
1. In the investigation stage, the fee for each case is 2,000-10,000 yuan.
2. During the trial and prosecution stages, the fee for each case is 2,000-10,000 yuan.
3. In the preliminary review stage, the fee is 4,000-30,000 yuan each time.
4. There is no limit to the above charging standards.
(2) For second instance, death penalty review, retrial, appeal case and criminal self-knowledge case, lawyer service fees shall be charged according to the charging standards at the first instance stage.
(3) If a law firm represents multiple stages of a case, the fees will be reduced as appropriate from the second stage.
(4) If the victim files a criminal incidental civil lawsuit, the lawyer service fee shall be charged according to the charging standards for civil litigation cases.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he or she may be punished for several crimes together according to the charges or criminal facts involved.
Second, do second-instance lawyers play a big role?
It is conducive to the defense of the second instance lawyer.
In addition to being able to better sort out the case for the parties, it also has case-handling experience and adaptability that ordinary defenders do not have.
The following are the advantages of hiring a second-instance lawyer to defend your case.
1. Lawyers are proficient in laws and regulations, including substantive law and procedural law, and have case investigation capabilities. Not only that, lawyers have also developed the habit of thinking from a legal perspective, being able to appropriately connect the specific cases at hand with legal norms, put forward some objective and convincing claims through legal reasoning, and prompt them to the court in a timely manner.
2. Based on their knowledge of laws and regulations and legal reasoning ability, lawyers can also organize arguments and evidence materials that are beneficial to the client based on specific cases, and argue in a logically complete manner, and this This kind of debate is not necessarily directly related to the beliefs or likes and dislikes held by the lawyer.
3. Lawyers are familiar with legal practice, especially the actual matters related to litigation.
To become an excellent lawyer, one must gradually master various procedural skills after repeatedly handling a large number of cases. It's not just a matter of knowledge, but also experience and skills.
This is obviously something the parties involved do not possess.
4. From the perspective of the connection with the case or dispute itself, the parties themselves are direct stakeholders and can often only treat the litigation from their own subjective standpoint. However, since the case essentially belongs to others, the lawyer You can maintain a certain distance and grasp the situation objectively and calmly.
5. As professionals, second-instance lawyers are subject to the special ethical norms of the professional group.
Although he and the judge are both engaged in the legal profession, lawyers are not an affiliated part of the judiciary after all and participate in litigation in an independent capacity.
In summary, attorney fees are determined through negotiation between the attorney and the parties to the case. The negotiated amount can be the same as that of the first and second instance, or it can be charged separately from the first and second instance, with legal support. Only by paying attorney fees in accordance with regulations can you better protect your rights and interests.