1. How much is it to ask a lawyer to investigate the evidence?
According to the charging standards of lawyers in various places, the charging items of lawyers are mainly divided into criminal cases, civil cases and administrative cases. Specific fees include consulting fees, agency fees, document writing fees, lawyer witness fees, evidence investigation fees, information inquiry fees, travel expenses, etc. For the specific charging standards of these fees, please refer to the lawyer's charging standards in some areas. Specific reference is as follows:
1. Cases without property disputes: for ordinary civil, economic and administrative cases that do not involve property, the fee is between 6,000-100000 yuan through negotiation according to the nature, complexity and time required for work; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan;
2. Legal documents: writing, modifying and reviewing legal documents on behalf of others. According to the nature of legal documents, the degree of difficulty, the time required for work and other factors, the fee for each document is between 600-2000 yuan through consultation;
3. Lawyer's witness: According to the nature of legal documents, the required time and other factors, the fee is negotiated between 2000- 10000 yuan/piece.
4. Attorney's notarization: the lawyer's notarization affairs are different, and the negotiation fee is between 1500-3000 yuan/piece;
5. Lawyers' letters and legal opinions: The fees for issuing lawyers' letters or legal opinions for clients are between1.50,000-20,000 yuan each according to the difficulty of related affairs, the purpose of use and the time required for work.
6. Lawyers' investigation: The fees shall be negotiated according to the investigation items.
2. What evidence can a lawyer investigate?
1. The following evidence can be investigated with the letter of introduction and lawyer's certificate of the law firm:
(1) Company's industrial and commercial archives;
(2) vehicle files;
(3) housing files;
(4) population files.
2. Apply to the court to issue an investigation order to investigate the evidence by a lawyer;
(1) Query stock transaction statement and stock fund statement;
(2) Inquire about police alarm records (but some public security organs refuse lawyers to copy and extract, that is, they are only allowed to see, but not to extract and copy);
(3) Inquire about the detailed archives of real estate information;
(four) to inquire about the wages and salary payment of the parties to the case;
(5) Inquire about the medical records of the parties in the hospital (such as domestic violence and treatment of sexually transmitted diseases). );
(6) Other circumstances that require the court to issue an investigation order to cooperate.
Three, what matters should lawyers pay attention to in investigation and evidence collection?
1, pay attention to witness psychology when investigating and collecting evidence.
Attention should be paid to establishing an atmosphere of communication, gaining trust and narrowing the psychological distance with witnesses; Inform the witness of the legal obligation to testify truthfully before obtaining evidence, indicating that it will keep the witness confidential and will not disclose the contents of the evidence to people who have nothing to do with the case; In the process of investigation, pay attention to observe the facial expression and psychological changes of witnesses to ensure the authenticity of their testimony; Finally, find out whether the witness is willing to testify in court, and tell him that he can apply to the judicial organs for witness protection when necessary, so as to dispel the worries of witnesses testifying in court.
2. Pay attention to the legality of investigation and evidence collection.
Do a good job of synchronous audio and video recording to ensure that the content of evidence collection is consistent with the content of the transcript; Asking questions in investigation and evidence collection should avoid induced questions and preset questions to prevent the contents of evidence collection from being illegal; When taking evidence, witnesses should avoid the presence of others, especially other witnesses, except the legal guardians of minors or those with guardianship obligations; Finally, the transcript should be signed by the witness page by page, and the altered place should be corrected by fingerprinting; If the witness refuses to sign, the explanation will not relieve his worries. Two lawyers can explain the reasons why the witness refused to sign after recording, and the lawyer will sign and indicate the time.
3. The process of investigation and evidence collection should be planned reasonably.
At the beginning of questioning witnesses, we can know the identity of witnesses concisely, show what lawyers want to know after telling legal obligations, guide witnesses into the topic as soon as possible, and control the topic relevance and duration of the conversation. After making a good record, re-examine the record to avoid omissions and try to investigate and collect evidence in one go.
4. Pay attention to obtaining other evidence when investigating and collecting evidence.
When investigating and collecting evidence, witnesses often present physical evidence, documentary evidence, e-mail and other evidence to prove it, and lawyers should extract it in time to form an effective evidence chain. There should be a list of evidence extraction, which should indicate the type, characteristics, quantity, original and copy of the evidence. The witness should write down the pages of the list and sign the list on each page for confirmation.
To sum up, it costs money to hire a lawyer in a lawsuit, and there is no fixed standard for lawyers to investigate evidence. As for the cost of asking a lawyer to investigate evidence, the lawyer will determine the cost according to the difficulty of the case and the time spent. Lawyers should operate in strict accordance with the authority and norms in the process of obtaining evidence to ensure that the process of obtaining evidence is reasonable and legal.