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How to calculate the legal fees?
If no effective consultation can be conducted after a dispute occurs, the parties concerned can solve it by bringing a lawsuit to the people's court. In the course of litigation, it is necessary to submit an indictment, organize evidence, reply, etc. In order to save energy and time, the parties may hire a lawyer to entrust a lawyer. You need to pay a certain fee to hire a lawyer. The following describes the calculation method of litigation attorney fees.
First, the lawyer's agency fee is divided into three ways:
(1) Charge by piece.
For some cases with no bid amount, cases with small bid amount, and criminal cases, fees are usually charged according to the specific circumstances.
(2) Charge according to the target amount. According to the charging methods stipulated by the Bureau of Justice and the National Development and Reform Commission, the fees are charged in steps according to the target amount, such as one standard for the part below 654.38+10,000 and one standard for the part below1000-500,000. And so on, and then charge in parts according to the subject amount of the entrusted case, and finally overlap. The above two charging methods are different according to the different provisions of local economic development, and are implemented according to the standards promulgated by provinces, autonomous regions and municipalities directly under the central government.
(3) Risk agency.
There are two kinds of risk agents, one is full-risk agent, and no agency fee is charged at the entrusted place. After the case is won or the execution payment is received, the settlement shall be carried out in accordance with the provisions of the agreement between the two parties. The agency fee is usually 20%-30% of the bid amount; Another kind of semi-risk agency, that is, some fees are charged when entrusting, and the remaining agency fees are charged according to the agreed proportion when the case is won or executed. This kind of agency method is smaller than the total risk agency fee.
Second, the lawyer's fee.
(1) Handling civil cases
1, 500-3000 yuan for each civil case that does not involve property relations;
2. In civil cases involving property relations, the lawyer's service fee shall be calculated and charged according to the following proportions:
Proportion of charges for disputed objects
/kloc-less than 0/0000 yuan 500- 1000 yuan
1000 1 to 100000 yuan 5%-4%
1000 1 to 500,000 yuan 4%-3%
50000 1 to 1000000 yuan 3%-2%
10000 1 to 1000000 yuan 2%- 1%
10000065438+65438 0 yuan +0%-2) Handling criminal cases.
1, 500-2,000 yuan in the investigation stage;
2, review and prosecution stage 800-3000 yuan;
3, the first trial stage 1000-4000 yuan;
4.1000-4,000 yuan for each case of criminal private prosecution or criminal victim's agency, which does not involve property relations; Where property relations are involved, the provisions on property relations in civil cases shall apply.
(3) Handling administrative cases
1, 500-2,000 yuan for each piece that does not involve property relations;
2, involving property relations in accordance with the provisions of civil cases involving property relations.
(4) Handling appeals in various litigation cases other than criminal cases.
1, 500-2,000 yuan for each piece that does not involve property relations;
2, involving property relations in accordance with the provisions of civil cases involving property relations.
Handling arbitration cases, charging according to the standard of civil cases;
Providing non-litigation legal services, answering legal advice, writing legal documents and acting as legal advisers, and the law firm will negotiate with the client to determine the amount of fees.
The above charging standards are the charging standards for litigation cases or arbitration cases of first instance. If the trial is not conducted in the first instance, it will be charged according to the standard of first instance; For those who have done the first and second trials, the second trial shall be charged at half the standard of the first trial. In cases involving arbitration, if you have acted as an agent for arbitration, the fees for the first and second trial stages of litigation will be charged at half of the arbitration stage. The execution of the case shall be charged at half of the standard of first instance. For cases with complex or major cases, the charging standard may be higher than the prescribed standard, but the maximum shall not exceed 3 times the prescribed standard.
Through the introduction of how to calculate the litigation lawyer's fee, we can see that the lawyer's fee for different types of litigation is different, some are charged by piece, and some are charged in proportion. The cost of hiring a lawyer depends on the actual situation of the case and the specific entrusted content. Generally speaking, the more complicated the case, the more matters entrusted, the better the lawyer, and the more expenses needed.