How are the characteristics of the lawyer's fee?
Lawyer's fee has the following characteristics:
1, the lawyer should be in the name of the law firm in which the unified collection of fees, shall not be privately collected lawyer's fee.
2, the lawyer's fee is different from the case funds, lawyers to deal with fiduciary matters for the expenditure of the necessary costs must still be borne by the client. For example, transportation, accommodation, judicial appraisal fees.
3, attorney's fees are different from litigation costs, attorney's fees are based on the relationship between the civil agency fees, litigation costs are based on the court of lawsuit generated by the mandatory fee. Attorney's fees are negotiable, litigation fees are non-negotiable.
What is a lawyer?
1. Lawyer (lawyer) refers to the acceptance of entrusted or appointed, for the parties to provide legal services such as litigation agency or defense business.
2. Lawyers must pass the legal professional qualification examination and obtain a lawyer's license to practice law. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; according to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; according to the object of service and work status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer business is mainly divided into litigation business and non-litigation business.
Legal basis: "the people's republic of china *** and the lawyers fee management measures" article 26 of the price departments at all levels shall strengthen the supervision and inspection of law firms fees.
Law firms, lawyers have one of the following violations, by the judicial and administrative departments in accordance with the "lawyers law" and "lawyers and law firms violations of law penalties," the implementation of administrative penalties:
(a) violation of the law firms unified acceptance of entrustment, signing of the written entrustment contract or fee contract provisions;
(b) violation of the law firms unified charging Lawyer service fee, on behalf of the commissioner
payment of fees and travel expenses;
(3) does not provide the commissioner with an estimate of the cost of travel expenses charged in advance for off-site cases, do not issue legal bills for lawyer service charges, do not provide the commissioner with an account of the fees, travel expenses of off-site cases of valid vouchers;
(4) violation of the law firms unified custody, the use of lawyer service documents, financial instruments, financial bills, and other legal documents. Services, financial instruments, business records;
(e) violation of lawyers practice discipline and professional ethics of other behavior.