1. How much is the lawyer's fee for real estate litigation?
(1) Charge according to the property involved.
Different regions, different cases, different objects and different lawyers have different prices. The fees for lawyers in real estate disputes are as follows:
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%
Acting as an agent for criminal, civil and administrative second instance cases, retrial cases and criminal death penalty review cases, and implementing the first instance charging standard; 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.
(2) Time charging
When a lawyer handles the above legal affairs, the law firm can charge by the hour. The specific criteria are as follows:
(1) 60- 1200 yuan per hour, if the part of 1 hour exceeds 30 minutes, it shall be calculated as 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.
(3), risk agency fees
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, what is the specific process of civil litigation?
1, sue and complain to the court with jurisdiction.
2. Filing a case for review
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, a ruling on property preservation can be made and executed immediately.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
(1) announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
(2) Court investigation: the parties state the facts of the case.
(3) Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify, read out the testimony of witnesses who did not appear in court, produce documentary evidence and physical evidence; (3) Listen to materials; The two sides expressed their opinions on the evidence materials.
(4) Court debate: the parties debate and demonstrate the disputed facts and legal issues.
(5) Court mediation: Under the auspices of the court, the parties agree to settle the dispute.
If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).
5. Sentences
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:
Ruling: appeal to the higher people's court within 10 days from the date of service;
Judgment: Appeal to the Higher People's Court within 15 days from the date of service.
The above is the relevant answer of how much is the lawyer fee for real estate litigation. If you don't know, you can consult a lawyer. In fact, there are three different ways for lawyers to charge. The specific parties can negotiate with lawyers to decide which way to charge. Of course, as far as real estate litigation is concerned, in most cases, lawyer's fees are charged according to the amount of the real estate involved, but at this time, because of different regions and different actual situations, these will have an impact on the final fees. Let me introduce you to this question about the amount of attorney fees for real estate litigation, hoping to provide you with some help.