1, all of which are paid in advance, and are generally paid when handling the entrustment formalities;
2. Failure to win is usually the so-called "risk agency", but the risk agency may not be free at all, but the agency fee is divided into two parts, one is the basic fee, and the other is the "winning" commission.
What precautions does the plaintiff have in the lawsuit?
First, you should make sure whether the dispute you are involved in is within the scope of court acceptance, and don't think that any dispute will be accepted by the court. For example, your dispute requires administrative reconsideration according to law, and the court will not accept it without administrative reconsideration. For example, a contract dispute, if both parties have an agreement in the contract to choose an arbitration institution to resolve the dispute after the dispute occurs, the court will not accept it. For another example, a labor dispute case must be accepted by the court after labor arbitration according to law.
Second, you have to determine who the defendant is. Don't think this is a ridiculous question. On the contrary, this is a very important issue. If the defendant is not accurately identified, it is likely that the court will not accept your lawsuit; Even if the court accepts it, it will dismiss the prosecution. On the other hand, there may be a variety of litigation methods to deal with a dispute, or there may be multiple defendants to choose from. How to choose the defendant correctly often involves the formulation of specific cases and litigation strategies, which is a litigation skill. If you can't judge in this respect, the best way is to consult a lawyer.
Third, you should have sufficient evidence. The court tries cases on the basis of facts, and the main basis for ascertaining facts is evidence. In general litigation, the principle of "whoever advocates gives evidence" is followed in principle, so as a plaintiff, evidence is very important, and it is often unwise to file a lawsuit without collecting basic evidence. The correct approach should be to investigate and collect evidence by yourself or an attorney before the lawsuit, and then decide whether to prosecute and how to proceed.
Fourth, choose the court that has jurisdiction over the case to file a lawsuit. According to the procedural law, the court also deals with jurisdiction issues, including regional jurisdiction and hierarchical jurisdiction. In principle, if you choose a court without jurisdiction to file a lawsuit, the court will tell you to file a lawsuit in a court with jurisdiction. But in order to reduce the unnecessary energy you spend on litigation, you'd better not choose the wrong one. In some types of cases, the plaintiff may have multiple courts with jurisdiction to choose litigation, which sometimes has great influence on litigation and should be seriously considered.
Fifth, write a complaint. In the complaint, one of the most critical issues is the claim. How to determine the litigation request will determine the nature of the case and must be taken seriously.
What if the defendant does not appear in court?
If the defendant has signed the court summons, the defendant's absence will not affect the court hearing, and the judgment may be made by default. If the defendant fails to sign the summons or the defendant cannot find it, the court may post a notice in the newspaper or the court bulletin board for service, and it shall be deemed that the defendant has signed it after the expiration.
According to the relevant provisions of the Civil Procedure Law, the default judgment is applicable to the following situations:
1. If the plaintiff fails to appear in court or withdraws in the middle of the court, it shall be treated as withdrawal. If the defendant counterclaims, he may make a judgment by default;
2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;
3. If the court ruled that the lawsuit was not allowed to be withdrawn, the plaintiff refused to appear in court without justifiable reasons after being summoned;
4. The legal representative of the defendant who has no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned;
5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default.
A judgment by default has the same legal effect as a judgment by presence. For the judgment by default, the people's court should also announce and serve the judgment to the absent parties in accordance with legal methods and procedures, so as to ensure that the parties can fully exercise their right of appeal.
Measures for the administration of lawyers' service fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Bian Xiao reminded everyone that in daily life, when encountering some disputes, they should consult more lawyers, and because lawyers are involved in different cases, the fees charged by different qualifications will be different, so you can learn more.