1. When do you usually pay for a lawyer?
1. The money needs to be paid on the day the lawyer is hired, or after the lawyer completes the entrustment. The specific time for payment can be determined by both parties through negotiation.
The method the client chooses to pay the lawyer's fees can be agreed upon with the lawyer in the commission contract. In addition, in our country, lawyers are subject to the management of the Lawyers Association, and legal fees have a fixed proportion. Lawyers are required to charge fees within the scope of industry standards, and violators will be deemed to have violated the regulations and be given certain penalties.
2. Generally speaking, there are two charging models for attorney fees.
(1) Under normal circumstances, it is in advance, that is, when you sign the commission contract with the law firm or lawyer, you agree on the agency fee or defense fee. This must be paid in advance.
(2) Risk agency, the parties and the lawyer negotiate and reach an agreement, only paying a small fee or not paying in advance. After the case is completed, the amount will be subject to the winning bid. Or the actual judicial effect, attorney fees will be paid in proportion.
2. What are the charging standards for attorney fees?
The amount of legal fees a client needs to pay to a lawyer handling a divorce case can be determined through negotiation between the lawyer and the client. During the consultation process, factors such as the lawyer's time to handle the case and the client's tolerance need to be considered.
According to the "Measures for the Administration of Lawyer Fees"
Article 9: Lawyer service fees subject to market-adjusted prices shall be determined through negotiation between the law firm and the client.
When a law firm negotiates lawyer service fees with a client, the following main factors should be considered:
(1) Working hours consumed;
(2) The difficulty of the legal affairs;
(3) The client’s ability to bear;
(4) The risks and responsibilities that the lawyer may bear;
(5) The lawyer social reputation and work level.
Third, if I lose the lawsuit, do I have to pay attorney fees?
If you lose the lawsuit, you do not need to pay attorney fees. You need to treat them differently:
1. As a general agent, you have to pay whether you win or lose. Its agency fees are generally charged according to standards.
2. Risk agents only pay money when they win, but the fees of risk agents are relatively high.
Insurance agency refers to a special entrusted litigation agency between the client and the parties. The client does not pay agency fees in advance. After the execution of the case, the client pays the agent a certain proportion of the creditor's rights as remuneration.
If the lawsuit is lost or the execution fails, the agent will not get any return; if the creditor's rights are fully implemented, the client will pay the agent according to the agreed high ratio, which will bring certain risks to both parties, so it is called Risk Agent.
Relevant laws and regulations: "Measures for the Administration of Lawyer Service Fees"
Article 3 Lawyer service fees shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
Article 13: For contingency agency fees, the law firm shall sign a contingency agency fee contract with the client to stipulate the risk responsibilities, charging methods, charging amounts or proportions that both parties shall bear.
The maximum contingency agency fee shall not be higher than 30% of the target amount agreed in the fee contract.
After a lawyer accepts the entrustment, he will usually sign a service contract with the client, in which the amount and time of payment of attorney fees will be agreed on a monthly basis. For a client who entrusts a lawyer to handle related matters, the lawyer's fees must be paid in accordance with the contract.