The method and amount of lawyer's service fee vary according to the type of case and the amount. Generally divided into pay by piece, pay by quantity and pay by time. And agents in criminal cases also have the form of installment charges.
How to calculate the lawyer's fee after withdrawing the lawsuit should be discussed according to different situations. The withdrawal of the lawsuit at different stages and the different contents of the principal-agent contract signed by both parties will have an impact on whether or not to refund the fee and how much.
I. Attorney's Agency Fee for Civil Cases
If there is a property dispute in the case, the lawyer's fee will be charged in proportion to the subject matter of the lawsuit.
1. 8% of the disputed object 100,000 yuan-10%, and the minimum is generally not less than 5,000 yuan;
2.6%-7% of the disputed objects are more than 654.38+10,000 yuan but less than 1 10,000 yuan;
3.5% of the disputed objects are more than 6,543,800 yuan and less than 5 million yuan;
4.3% of the disputed objects are more than 5 million yuan but less than 6.5438+million yuan;
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan;
6. Some cases in which the subject matter of the dispute is more than 50 million yuan are generally not property disputes, such as divorce cases that only dissolve the marriage relationship and cases that strive for custody, all of which are charged on a case-by-case basis. According to different cases, the fees are generally 50,000-20,000 yuan.
Second, the calculation method of lawyer's withdrawal fee
1. After the court files a case and collects materials, it generally only charges the case preparation fee, and the remaining fee can be refunded without formal hearing or mediation;
2. After mediation or trial by the court, the lawyer's fees are generally not refunded or only refunded by a small amount;
3. If both parties reach an agreement through consultation, the lawyer's fee will be refunded or not according to the negotiation result;
4. If the entrustment is terminated before the court files a case, it is generally only necessary to bear the liability for breach of contract in accordance with the contract;
5. The principal-agent relationship between the two parties is essentially a contractual relationship. If there is a demand for refund, it depends more on how the two parties agreed in the early stage and the content of the contract text.
The above are the basic charges of civil and commercial cases, and the data are all from incomplete statistics, which are not representative and are for reference only.