First, ask the lawyer to enforce how to charge and the lawyer's charging standard.
At present, there is no mandatory fee standard for attorney fees, and the specific fees may be different for different lawyers and different regions. Generally speaking, it needs to be considered comprehensively according to the nature, subject matter and complexity of the case, and it needs to be calculated according to the proportion stipulated by the local lawyer service standard, which needs to be determined by the parties and lawyers through consultation.
1. Piece rate reference:
Cases without property disputes: for ordinary civil, economic and administrative cases that do not involve property, according to the nature, complexity and working time of the case, the fee is between 6000- 100000 yuan through negotiation; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan.
2, civil and commercial service charges reference:
(1) Preliminary stage
Calculation proportion of disputed object (calculation base):
The part of the disputed subject matter that is less than 654.38 million yuan, 1.7%, but not less than 5,000 yuan.
2.6% of the disputed objects are more than 65438+ 10,000 yuan but less than 1 10,000 yuan.
3 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.
4. 3% of the disputed object is more than 5 million yuan and less than 6,543,800 yuan.
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan.
6 0.5% of the disputed objects are more than 50 million yuan.
(2) The second trial stage
(1) If the case is not represented in the first instance but only in the second instance, the agency fee will still be charged according to the standard of the first instance, and other handling fees will remain unchanged.
(2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.
(3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged.
(3) retrial (appeal) stage
(1) If a retrial (appeal) case is independently represented without representing a case of first instance or second instance, the agency fee shall be charged according to the standard of first instance, and other handling fees shall remain unchanged.
(2) For cases that have been represented in the first and second instance, the agency fee shall be charged at half of the fee of the first and second instance. Other handling fees remain unchanged.
Second, how to choose the right lawyer for litigation
1, corresponding to practice field
Legally speaking, the types and scope of cases handled by lawyers are unlimited. However, in view of the numerous existing laws, which are not regularly revised, and the great differences among different types of cases, it is impossible for any lawyer to cover everything. There are professions, and excellent lawyers choose their own practice fields, some choose criminal fields, some choose marriage fields, and so on.
2. Rich practical experience
Looking for a lawyer is to handle a case, not to sit and talk, and the practical ability of a lawyer is particularly critical. The formation of practical operation ability is a process of precipitation, which is the embodiment of continuous practical experience in handling cases. Practical experience is formed and enriched through accumulation and reflection. When it is enriched to a certain extent, it will form mature operating procedures, working standards and standard documents.
3. In-depth professional research
Lawyers in the same practice field often have different case handling effects, because there are differences in case handling. The root of the difference in handling cases lies in the difference in the professional research level of lawyers. Professional research here does not refer to academic research, but to systematically summarize and refine practical problems, especially professional skills, according to the forefront of criminal theory and judicial practice and combined with my long-term accumulated experience in handling cases.
What are the advantages of hiring a lawyer?
1, can reduce the litigation risk, litigation involves a lot of legal expertise, therefore, hiring a lawyer can fully control and prevent litigation risk.
2. As the plaintiff, please ask the lawyer to make a comprehensive claim, and as the defendant, you can be equal to the other party. After fully understanding the case, the lawyer can fully compensate the victims for their losses, and guide the parties or lawyers to collect evidence completely and support their requests as much as possible. As an attorney for the defendant, he can also confront him and safeguard his legitimate rights and interests.
3. Asking a lawyer can reduce the pain of the client. Ordinary people rarely deal with the court, especially unreasonable opponents. It is hard for an ordinary person to accept such a reality. If you hire a lawyer, you can entrust a lawyer to handle it, which will save a lot of trouble. It is easier to win the case by asking a lawyer and claim more fully.
legal ground
Article 35 of the Lawyers Law of People's Republic of China (PRC) * * * An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.