Appeal belongs to a new litigation procedure. If there is no agreement with the lawyer in advance, it is necessary to re-sign the entrustment materials and entrustment contract with the lawyer. After signing a new entrustment contract, the parties need to pay the lawyer's fee again.
The litigation procedure is the system of second instance and final adjudication, that is, litigation is divided into first instance and second instance. The first lawsuit is the first instance. If one party refuses to accept the judgment or ruling of the first instance, it may file a second instance, and the judgment of the second instance is final. Generally, no lawsuit can be filed. But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and on the other hand, it applies to the court for compulsory execution of the other party's property, so that the contents of the judgment can be realized.
legal ground
Measures for the administration of lawyers' fees
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level. Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.