after the judgment of the first and second instance, how to pay the lawyer's fee for the other party's appeal?
generally speaking, there are two charging modes for attorney fees.
1. Generally speaking, it is in advance, that is, when you sign an entrustment contract with a law firm or lawyer, you have agreed on the agency fee or defense fee. This should be paid in advance.
2. Risk agency, the parties and lawyers reach an agreement through negotiation, and only pay a small part of the fees in advance. After the case is completed, according to the target amount. Or the actual judicial effect, pay the lawyer's fee in proportion. For example, the lawsuit requires the defendant to pay 1 million yuan in arrears. Risk lawyers don't charge fees before they represent them, and they don't get back the million until the case is over. Risk lawyers charge 3% of the million as lawyer fees at most.
the method the client chooses to pay the lawyer's fees can be agreed with the lawyer in the entrustment contract. In addition, in our country, lawyers accept the management of lawyers' association, and there is a fixed proportion standard for lawyer fees. Lawyers need to charge fees within the scope of industry standards, and violators will be regarded as violating the rules and given certain punishment.
second, how to calculate the court litigation costs?
The case acceptance fee shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price requested by the lawsuit;
1, not exceeding 1, yuan, and each piece shall be paid to 5 yuan;
2. The part exceeding 1 million yuan to 1 million yuan shall be paid by installments;
3, 6.5438+1, yuan to 2, yuan, calculated as 2%;
4. If it exceeds 2, yuan to 5, yuan, it shall be paid by time;
5. The part exceeding 5, yuan to 6,543.8+, yuan shall be paid at 654.38+%;
6. The part exceeding 6,543.8+, yuan to 2,, yuan shall be paid in installments;
7, more than 2 million yuan to 5 million yuan, pay by time;
8. The part exceeding 5 million yuan to 6,543.8+million yuan shall be paid according to the facts;
9. The part exceeding 1, yuan to 2 million yuan shall be paid in installments;
1, more than 2 million yuan, according to pay.
(2) Non-property cases are paid according to the following standards:
1. Divorce cases vary from 5 yuan to 3 yuan. Involving the division of property, the total amount of property does not exceed 2 thousand yuan, no need to pay separately; More than 2 thousand yuan according to the part.
2. 5 yuan shall pay 1 yuan for every case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 5 thousand yuan, no additional compensation; The part exceeding 5, yuan to 6,543,8 yuan shall be paid according to 654.38+ %; More than 654.38+ten thousand yuan.
3. Each case of other non-property cases shall be paid from 5 yuan to 1 yuan.
(3) In civil cases of intellectual property rights, if there is no dispute about the amount or price, 5 yuan will be paid to 1, yuan per case; The disputed amount or price shall be paid according to the standard of property cases.
(4) Pay 1 yuan for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases shall be paid to 1 yuan respectively;
2. Every other administrative case shall be submitted to 5 yuan.
(6) if the parties object to the jurisdiction of the case, and the objection is not established, each piece shall be handed over from 5 yuan to 1 yuan.
three. When will the court fees be paid?
in general prosecution, the prosecution pays first. If the legal fees are not paid, the court may refuse to accept or reject them automatically. Therefore, the payment of legal fees is very important and is an important evidence for filing a case.
after the judgment, it shall be borne by the losing party. If it is the winning party, it can directly return the paid legal fees to the court with the legal fee receipt. But sometimes the court will let both parties bear a certain proportion of legal fees in the judgment. If the case is settled through mediation, the legal fees shall be borne by both parties voluntarily. In civil cases, within the table of 6,543,8 yuan, the legal fees shall not exceed that of 5 yuan. There are special difficulties, or no specific vulnerable groups, can be reduced or exempted. Applicants need to write an application, and the dean will reply. Regardless of the first trial, second trial and retrial, the legal fees are paid in advance by the prosecution.
The above is the knowledge I collected for you about how to pay the lawyer's fees when the other party appeals after the judgment of the second instance. To sum up, after the judgment of the second instance, the payment of the opposing party's appeal lawyer's fee is mainly based on the entrustment contract signed by the client and the lawyer, and the law has not made specific provisions on this.