1. Should the lawyer's fees for criminal cases be paid first or later?
The way to collect the lawyer's fees is also determined by the lawyer and the client through consultation. You can pay in advance or later. In criminal cases, attorney fees mainly consider the following factors:
Working hours spent;
(two) the difficulty of legal affairs;
(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;
(four) the client's affordability and local social and economic development;
(5) Risks and responsibilities that lawyers may bear;
(6) The social reputation and working level of lawyers;
(seven) other expenses necessary for handling the case.
2. What are the duties of defense lawyers in criminal cases?
Criminal Procedure Law of the People's Republic of China
Article 37
The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38
Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 40
From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41
Defenders have the right to apply to the people's procuratorate or the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light crimes of the criminal suspects and defendants during the investigation, examination and prosecution.
Article 42 The evidence collected by the defender that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate.
Article 43
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 44
A defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.
Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
Article 45 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.
Article 46
The victims of public prosecution cases and their legal representatives or close relatives, and the parties to incidental civil actions and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.
The people's procuratorate shall, within three days from the date of receipt of the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.
To sum up, the law does not stipulate that the lawyer's fees in criminal cases must be paid in advance or after the case is closed. The lawyer's fee standard and payment time need the criminal suspect or his family to consult the law firm, and the law firm will sign a power of attorney with the client after it is determined.