Shanghai criminal lawyer's charging standard

Legal subjectivity:

According to relevant regulations, there are specific standards for attorney fees, not only big standards, but also corresponding standards in different regions according to different economic conditions. The more developed the general economy, the higher the fees. I. Government-guided prices for criminal lawyers in Shanghai. Piece-by-piece charging methods for lawyer services in Shanghai (1) Acting as defenders of criminal suspects and defendants in criminal cases, as well as agents of private prosecutors and victims in criminal cases; 1. Defenders of suspects and defendants: investigation stage: 1500- 10000 yuan/piece; Review and prosecution stage: 2000- 10000 yuan/piece; Preliminary stage: 3000-30000 yuan/piece. 2. Those who represent criminal private prosecution cases or act as victims' agents shall be charged as appropriate according to the above standards. (2) Acting for other cases that do not involve property rights and implement government-guided prices: 3000- 12000 yuan/piece. Charge in proportion to the amount of the subject matter. For cases involving property relations, according to the amount of the subject matter involved in legal services, the accumulated fees are as follows:10,000 yuan (including10,000 yuan) 8%- 12%, and if the fees are less than 3,000 yuan, 3,000 yuan can be charged; 6.5438+10,000 yuan to 6.5438+10,000 yuan (including 6.5438+10,000 yuan), the proportion of some expenses is 5%-7%; 6,543.8+0,000 yuan to 6,543.8+0,000 yuan (including 6,543.8+0,000 yuan), and the proportion of some expenses is 3%-5%; 65.438+million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) accounted for 65.438+0%-3%; 1 100 million yuan or more is charged at a rate of 0.5%- 1%. If the time-charging agent implements the government-guided price, the time-charging standard is 200-3000 yuan/hour. Description of charges (1) If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one according to the charges or criminal facts involved. If the civil litigation part of the criminal incidental civil litigation case falls within the scope of government guidance price, it shall be charged according to the standard of civil litigation case; If it falls within the market-regulated price range, it shall be determined by the law firm through consultation with the client. (two) civil and administrative litigation cases involving both property relations and non-property relations, can be calculated and charged according to the higher. A counterclaim case may be determined by the law firm and the client through consultation according to the charging standard of this lawsuit. (3) Acting as an agent in all kinds of litigation cases, in accordance with the standards of first instance. (four) major, difficult and complicated litigation cases can be determined within 5 times (including 5 times) of the prescribed standards after consultation between the law firm and the client. (5) Unless otherwise specified, the above charging standards refer to the charging standards in the first instance of litigation cases. If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If it represents the previous stage, the fee will be halved from the latter stage. Measures for the determination of major, difficult and complicated litigation cases of lawyers' service fees 1. The following litigation cases can be agreed in the agency (charging) contract as major, difficult and complicated litigation cases: (1) criminal cases that should be tried by a collegial panel according to law; (2) Cases of first instance under the jurisdiction of the people's court at or above the intermediate level (including the intermediate level); (three) litigation cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security, judicial administration and other organs; (four) cases that have aroused widespread concern in society and have great social impact; (5) New types of cases; (6) Cases involving Hong Kong, Macao and Taiwan or foreign affairs that have significant social impact; (seven) the case handling organ decides that other professionals are needed to participate in the case handling; (eight) the case is complex, involving more than three (including three) legal relations; (nine) other important, difficult and complicated cases determined by the law firm and the client through consultation. 2. A law firm may determine the fees within 5 times (including 5 times) of the standard stipulated in the "Shanghai Government-guided Price Standard for Lawyers' Service Fees" when negotiating fees with clients according to the major, difficult and complicated litigation cases referred to in these Measures, and may not repeat the accumulated fees. 3. As a general case, when a law firm accepts a case and finds that it belongs to a major, difficult and complicated litigation case after carrying out specific agency work, the law firm can negotiate with the client in time during the handling of the case, negotiate to change the principal-agent (fee) contract or re-sign the principal-agent (fee) contract. 4. After the signing of the agency (fee) contract, if the client and the law firm are still in dispute over whether it is a major, difficult or complicated litigation case, both parties may apply to the Shanghai Lawyers Association for mediation, arbitration or bring a lawsuit to the people's court. Two. According to the Administrative Measures of Shanghai Municipality on Lawyers' Service Fees, Shanghai lawyers' fees for handling property relations cases can be accumulated by stages according to the following proportion:100000 yuan (including100000 yuan) and 8%- 12% of the fees below 3000 yuan. 6.5438+10,000 yuan to 6.5438+10,000 yuan (including 6.5438+10,000 yuan), the proportion of some expenses is 5%-7%; 6.5438+00,000 yuan to 6.5438+00,000 yuan (including 6.5438+00,000 yuan), part of the cost is 3%-5%; 65.438+million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) accounted for 65.438+0%-3%; 1 100 million yuan or more is charged at a rate of 0.5%- 1%. Third, the criminal lawyer's work content investigation stage 1, the criminal lawyer knows the suspect's alleged crime from the investigation organ; 2. Meet with the criminal suspect in custody and provide legal aid to the criminal suspect; 3, on behalf of the criminal suspect to lodge a complaint and report; 4. Put forward bail pending trial for the criminal suspect. At the stage of review and prosecution, 1, the criminal lawyer met with the criminal suspect in custody to learn about the case; 2. Consult, extract and copy the litigation documents and technical appraisal materials in this case; 3. Apply for bail pending trial, and ask for cancellation or change of compulsory measures; 4, apply to the people's Procuratorate to provide witnesses or other relevant units and individuals to collect and obtain evidence, investigate and collect materials related to the case; 5. Put forward a written defense opinion that the criminal suspect is innocent, the crime is light, or his criminal responsibility is reduced or exempted; In the trial stage, 1, criminal lawyers go to the people's court to consult, extract and copy the case materials; 2. Meeting with the accused in custody; 3. Investigate and collect evidence related to the case according to law; 4. Participate in court investigations and court debates and submit written defense opinions. 5. Listen to the defendant's opinions on the judgment and give legal help.

Legal objectivity:

When you hire a lawyer, you have to pay a commission fee (lawyer's fee), which requires you to negotiate with the lawyer you want to hire. Generally speaking, criminal cases are prosecuted in stages, including investigation stage, examination and prosecution stage and trial stage. The trial stage is divided into the first trial stage, the second trial stage and the death penalty review stage. The client can negotiate with the lawyer to pay the fee by stages, or pay the fee in several stages at a time. Those who go to other places to handle cases also have to pay a certain amount of travel expenses. The reference standard of criminal lawyers' fees in this website is as follows: (1) The fees for criminal cases are determined according to the specific circumstances. 1. In the investigation stage, the charge for each piece is 5000- 10000 yuan. 2. In the stage of review and prosecution, the charge for each piece is 5000- 10000 yuan. 3. The charge for each piece in the first trial stage is 10000-30000 yuan. 4. Non-Beijing cases with particularly difficult family life and meeting the conditions of local legal aid will fall within the scope of the above standards. (2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance. (three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage. (4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case. (5) If a criminal suspect or defendant is involved in several crimes or several criminal facts at the same time, they can be prosecuted separately according to the crimes or criminal facts involved. The following cases are charged according to the standard not higher than 5 times of the above-mentioned charging standard after consultation between the law firm and the client: (1) The legal relationship of the case is complicated, and the lawyer's handling time is obviously longer than that of similar cases; (two) the case involves difficult professional issues, and the professional level of lawyers is significantly higher than that of similar cases; (3) Major foreign-related cases and cases with significant social impact. In the process of handling the case, the expenses such as appraisal fee, information inquiry fee and copying fee that need to be paid to the case-handling unit shall be borne by the client. Travel expenses such as transportation expenses and accommodation expenses for handling cases in different places shall be borne by the client, settled and reimbursed according to actual expenses, and a certain amount of lump sum can also be negotiated. Attachment: Beijing criminal lawyer's charging standard (government-guided price): (1) The charging standard for criminal cases shall be determined according to the specific circumstances. 1. In the investigation stage, the charge for each piece is 2000- 10000 yuan. 2. In the stage of review and prosecution, the charge for each piece is 2000- 10000 yuan. 3. The charge for each piece in the first trial stage is 4000-30000 yuan. 4. The above charging standards are not limited. (2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance. (three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage. (4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case (for details, please refer to the Government Guiding Price Standard of Beijing Lawyers' Litigation Agency Service Charge (Trial)). (5) If a criminal suspect or defendant is involved in several crimes or several criminal facts at the same time, they can be prosecuted separately according to the crimes or criminal facts involved. The following cases shall be negotiated by the law firm and the client, and the fee shall not be higher than 5 times of the above fees. If negotiation fails, the prescribed charging standards shall be implemented: (1) the legal relationship of the case is complicated and the lawyer's handling time is obviously longer than that of similar cases; (two) the case involves difficult professional issues, and the professional level of lawyers is significantly higher than that of similar cases; (3) Major foreign-related cases and cases with significant social impact.