We know that it is very necessary for us to hire a lawyer in a lawsuit, and the case with a good lawyer has a better chance of winning. Do I have to pay a lawyer's fee for the second trial? Next, I will answer this question in detail for you. I hope that after reading the following, you can understand some questions about the lawyer's fee for the second instance.
Should the lawyer's fees for the first trial and the second trial be paid separately?
The collection of attorney's fees shall be subject to the agency contract signed by you and your lawyer through consultation. If there is no special agreement, the second trial procedure needs to pay another lawyer's fee. When signing the agency contract, the payment shall be charged according to the procedural stage and the first instance. If there is a second trial, the new contract will still be charged.
Second trial stage: 1. If a case is not represented in the first instance but only represented in the second instance, the agency fee will be charged according to the standard of the first instance, and other handling fees will remain unchanged.
2. For the agent of first instance, the agency fee shall be charged at half of the agency fee of first instance, and other handling fees shall remain unchanged.
Retrial (appeal) stage: 1. If a retrial (appeal) is conducted independently without acting as an agent for the first instance or the second instance, the agency fee shall be charged according to the standard of the first instance, and other handling fees shall remain unchanged.
2 cases of first instance or second instance, the agency fee shall be charged at half of the cost of first instance or second instance. Other handling fees remain unchanged.
3. Arbitration cases: calculated according to half of the charging standard for civil and commercial cases of first instance.
4. Case execution: civil and commercial cases are charged according to the charging standard in the initial stage, and litigation and arbitration cases are charged according to half of the above standards.
The lawyer's agency fee is phased. The lawyer's task is to end this trial and this lawsuit. At the end of the first trial, the lawyer completed the task. If the parties appeal with the same lawyer, the lawyer's fee for the second instance can be halved, which is still the full cost of changing the lawyer. However, if both parties have an agreement (contract) with the lawyer, the fees paid will cover the first and second trials, and the lawyer can't charge any more at the second trial.
Second, what should I do if I refuse to accept the second trial?
Adopt the procedure of trial supervision. 1. The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.
2, the presidents of the people's courts at all levels of our legally effective judgments and rulings, if found in fact or in the application of the law is wrong, must be submitted to the judicial committee. The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.
3. the Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision when he finds that there are errors in the legally effective judgments and orders of the people's courts at all levels and the people's procuratorates at higher levels.
Third, how long is the trial period of the second instance?
Article 176 of the Civil Procedure Law The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
Article 232 of the Criminal Procedure Law The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
The above is my legal knowledge about whether the lawyer's fee for the second trial should be paid separately for you. In short, whether the lawyer's fee for the second trial is charged separately depends on whether the contract package signed with the lawyer includes the fee for the second trial, otherwise it will be charged separately.