The standard of criminal case agency fee is related to the complexity and workload of the case. The usual charging method is based on the completion of projects and cases. Under normal circumstances, the more common way of charging is to pay according to work afterwards, that is, after the agency is completed, the parties pay the corresponding agency fee to the lawyer.
According to the provisions of the Lawyers Law, lawyers should represent criminal cases free of charge, but there are several special exceptions. For example, in the case of particularly complicated cases and heavy workload, lawyers can charge necessary and reasonable fees from the parties, but they should do so on the basis of the informed consent of the parties, and should comply with the relevant standards stipulated by laws and local authorities.
The determination of the standard of criminal case agency fee should follow the market rules, comprehensively consider the complexity of lawyer's agency, workload, lawyer's strength and other factors, and then negotiate to determine the actual fee within a reasonable range. At the same time, lawyers should negotiate agency fees with the parties before undertaking the case according to the provisions of the Lawyers Law, so as to ensure the transparency of fees and not to charge excessive fees that cross the convention and industry barriers.
Legal basis:
Measures for the administration of lawyers' service fees
Article 8 The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard by compensating the average social cost of lawyer services, plus reasonable profits and statutory taxes and fees.
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients. The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees. Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs.