A, Shanghai civil litigation lawyers fees charged standard
civil litigation lawyers fees charged standard is: (a) the agent of civil litigation, arbitration cases: does not involve the property relationship, the fee standard is yuan yuan / piece. Involving property relations, in accordance with the following standards not less than the percentage of fees calculated using the differential progressive system: (1) 100,000 yuan (including 100,000 yuan) for the following part of 5%, less than the amount of fees charged by the dollar per piece of yuan; (2) 100,000 yuan to 500,000 yuan (including 500,000 yuan) for the 100,000 yuan to 1,000,000 yuan (including 1,000,000 yuan) for the part of 4%; (4) 1 million yuan to 5 million yuan part (including 5 million yuan) for 3%; (5) 5 million yuan to million yuan part (including 10,000 yuan) for 2%; (6) 10,000 yuan to million yuan part (including 10,000 yuan) for 10,000 yuan to 10,000 yuan part (including 10,000 yuan) for 1%; (8) 10,000 yuan or more part, for the above two fees are the fees for representation of the civil litigation cases in the first trial stage. Individual representation of the second trial, remand, retrial, arbitration cases, representation of non-execution or annulment of arbitral awards, may refer to the first instance of the fees charged. If the same law firm represents the same case again at different stages of the trial, it may be given preferential treatment. At the same time on behalf of the counterclaims, counterclaims, counterclaims, counterclaims, fees can be charged according to the amount of reference to the civil litigation cases at the first instance of the fee standard charges. Foreign cases: foreign-related (including Hong Kong, Macao and Taiwan) cases, the fees can refer to the first instance of civil litigation cases, the fees charged. If it involves foreign language legal services, it can be charged at one to five times of the above standard. With the consent of the client, the law firm can also refer to foreign or Hong Kong, Macao and Taiwan law firms in China to handle similar legal affairs of the representative body of the standard, and the client to determine the amount of fees. For major, difficult, complex, off-site civil litigation, arbitration cases, civil litigation cases can be in the first instance on the basis of the fees 1 to 5 times. The following cases are major, difficult, complex civil litigation, arbitration cases: (1) cases accepted by the intermediate and higher people's courts in the first instance; (2) the number of parties to a party of three and more than three **** the same lawsuit; (3) intellectual property rights disputes, disputes over unfair competition, goodwill, reputation disputes, etc.; (4) the collection of evidence Difficult cases; (5) New types of cases; (6) Cases involving more than two legal relationships; (7) Cases involving specialized knowledge, the need to engage the assistance of non-legal expertise in order to deal with the case; (8) Other law firms and the client's consultation, both parties believe that the major, difficult, complex civil litigation, arbitration cases. Civil litigation, arbitration cases, in addition to the state shall not be implemented in the case of risk agency fees, can be implemented risk agency fees. Risk agency fees according to the size of the subject matter of the dispute, the difficulty of achieving the goals of the agency, the agency's work to cover the stage of the litigation and other circumstances to be determined by negotiation, involving property relations, it is recommended that no more than 30% of the total amount of the subject matter of the dispute. Implementation of the case: according to the implementation of the amount of the subject matter, can be based on the first instance of the standard charges or the implementation of the risk of agency fees according to the circumstances of the case. Representation of civil appeals, can refer to the first instance of civil litigation cases, the standard charges, can also implement the risk of agency fees.second, which cases of attorney's fees can be borne by the other party after winning the case
law, judicial interpretations of the situation can be borne by the losing party's attorney's fees: 1, contract disputes, the creditor's exercise of the right to cancel the situation the creditor to exercise the right to cancel the lawyer's fees, travel expenses and other necessary expenses, the debtor to bear; the third party, the third party, the debtor to bear; the debtor to bear. Debtor; third party at fault, should be appropriately shared. 2, copyright civil disputes Article 48 of the Copyright Law provides that: infringement of copyright or copyright-related rights, the infringer shall be compensated in accordance with the actual loss of the right holder; the actual loss is difficult to calculate, the infringer can be compensated in accordance with the illegal income. The amount of compensation shall also include the reasonable expenses incurred by the infringer in stopping the infringement. According to Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Civil Copyright Disputes, the reasonable expenses incurred in stopping the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses incurred by the owner of the right or the agent commissioned by the right to investigate the infringement and to collect evidence. The people's court in accordance with the party's request and the specific circumstances of the case, can be in line with the provisions of the relevant state departments of the lawyer's fees calculated in the scope of compensation. 3, trademark civil disputes "Supreme People's Court on the trial of trademark civil disputes on the interpretation of certain issues of the applicable law" Article 17: Article 63(1) of the Trademark Law to stop the infringement of the reasonable expenses paid, including the right to the investigation of the infringement of the rights of the person or the commission of the agent, the reasonable cost of obtaining evidence. The people's court in accordance with the party's request and the specific circumstances of the case, can be in line with the provisions of the relevant state departments of the lawyer's fees calculated in the scope of compensation. 4, patent disputes "Supreme People's Court on the trial of patent disputes on the application of law," Article 16: the right holder claimed that it is to stop the infringement of reasonable expenses, the people's court may be in addition to the amount of compensation determined in Article 65 of the Patent Law is calculated.In summary, the different levels of economic development in various regions and the complexity of some civil litigation cases will lead to different fees charged by lawyers, not much difference will not be very large, most of the ordinary civil litigation cases do not involve property, then the lawyer's fees are a piece of 5,000 to 30,000, etc., the case involves a certain proportion of the charges of the case, then the case is to be charged according to a certain proportion of the charges.
Three, encounter disputes need to deal with how to
Suggestions: consulting or entrusted to lawyers, lawyers can: 1, accept natural persons, legal persons or other organizations entrusted to act as a legal adviser. 2, accept civil cases, administrative cases entrusted to act as an agent to participate in litigation. 3, accept the criminal suspect, the defendant's commission or legal aid institutions in accordance with the law, to act as a defender, to accept the private prosecution of the case of the private prosecutor, the public prosecution of the case of the victim or his close relatives entrusted to act as an agent, to participate in the proceedings. 4. Accepting the entrustment to act as an agent for all kinds of complaints in litigation cases; accepting the entrustment to participate in mediation and arbitration activities. 5, commissioned to provide non-litigation legal services; to answer inquiries about the law, writing litigation documents and other documents related to legal affairs. Warm reminder: in the actual legal issues in the scenario, case details vary, in order to accurately and quickly solve your problems, to protect the legitimate rights and interests, it is recommended that you click on the button below the immediate consultation with a professional lawyer to explain the details, one-on-one solution to your practical problems.