In addition to providing the following three types of services, law firms still implement government-guided price management, and all other service charges are liberalized:
One is to serve as the defender of criminal suspects and defendants in criminal cases, as well as the agent of private prosecutors and victims in criminal cases;
Second, acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, maintenance, pensions, relief funds, social insurance benefits or minimum living allowance, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation for land acquisition and demolition (compensation);
The third is the case of representing citizens to request state compensation.
Government-guided price charging standard
Piece rate
(1) Acting as an agent in criminal proceedings
1. Charge in stages for criminal cases:
(1) investigation stage 1200-8000 yuan/piece
(2) Review and prosecution stage 1200-8000 yuan/piece.
(3) probation period 1200- 15000 yuan/piece.
2. As the agent of the defendant in a criminal private prosecution case or the agent of the victim in a criminal case, the fees shall be reduced according to the above standards.
3. If a criminal case is incidental to a civil action, the incidental civil action fee shall be charged according to the standard of agency civil action cases.
(2) Acting as an agent in civil litigation, administrative litigation and state compensation cases
1. If the property relationship is not involved or the disputed object is below 654.38+10,000 yuan (including 654.38+10,000 yuan), the basic agency fee is1000-8,000 yuan per piece;
2. If the property relationship involving more than 654.38 million yuan is involved, in addition to the basic agency fee, the fees shall be accumulated by stages according to the size of the disputed subject matter:
65438+ 10,000 yuan-500,000 yuan (including 500,000 yuan) 4-6%
More than 500,000 yuan-6,543.8+0,000 yuan (inclusive) 3-5%
1 10,000 yuan-5 million yuan (including 5 million yuan) 2-4%
More than 5 million yuan-10/00000 yuan (including100000 yuan) 1-3%
/kloc-more than 0/00000 yuan 1-2%
(3) Acting as an agent in criminal, civil and administrative second instance cases, retrial cases and criminal death penalty review cases, and implementing the charging standard of first instance; But if you represent the first trial and then the second trial, or the second trial and then the retrial, or the first trial and then the second trial and then the retrial, the fee will be reduced or exempted according to the standard of the first trial.
Time cost
When a lawyer handles the above legal affairs, the law firm can charge by the hour. The specific criteria are as follows:
(a) 60- 1 hour 200 yuan, less than 1 hour more than 30 minutes, according to 1 hour; No charge for less than 30 minutes.
(2) Working hours are the effective working hours for lawyers to handle legal affairs, including the time for accepting legal advice from clients, understanding the case from clients, investigating and collecting evidence, consulting case files, drafting litigation documents and legal documents, meeting with criminal suspects and defendants, responding in court, participating in mediation and negotiation, handling various formalities and handling other related legal affairs. The specific calculation shall be determined by the law firm and the client through consultation. Lawyers spend half their time on the road (including the same city) when dealing with legal affairs.
Risk agency fee
Risk agency fee means that when a law firm accepts the entrustment, the law firm and the client agree in advance on the purpose, effect, time, proportion and conditions of paying the lawyer's service fee, and if the agreed conditions are met, the fee will be paid as agreed; If no agreement can be reached, no more fees will be paid. To implement the risk agency fee, the law firm shall sign a special risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging period, charging amount or proportion that both parties should bear. The government-guided price of the client shall be clearly informed in the contract. The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Second, the procedure of seeking a lawyer to file a lawsuit.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 122 of the Civil Procedure Law. The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, what are the aspects of lawyer's professionalism?
Remind you: As people's legal awareness becomes stronger and stronger, they will be more inclined to take up legal weapons to protect themselves when they encounter disputes in their lives. If you want to find a lawyer, there are experienced lawyers from all over the country, so that professional lawyers can share your worries.
1, lawyers can help the parties analyze the case, advantages and disadvantages.
When encountering legal disputes, quite a few parties know little about the law. After hiring a lawyer, a lawyer who is familiar with laws and procedures can help analyze the case, point out the maze, and let the parties know their position in the lawsuit, thus laying a good foundation for legally exercising their rights.
2. Lawyers can help the parties to investigate the evidence.
After the parties have hired a lawyer, the lawyer may investigate the relevant units and individuals and obtain relevant evidential materials beneficial to the parties. Lawyers also have the right to consult the case file and fully understand the case. This provides a greater possibility for the parties to fight a good lawsuit and earnestly safeguard their legitimate rights and interests.
3. After accepting employment litigation, lawyers shall appear in court to participate in litigation, participate in court investigations and court debates, and state their opinions and requirements according to law.
I hope the above content can help you. If you have any other questions, you can click Consultation to consult a professional lawyer.