1. Do I need a lawyer to file a lawsuit in court?
You may or may not hire a lawyer to file a lawsuit in court. Citizens who need to file a lawsuit can decide whether to hire a lawyer. This is because the law does not require the hiring of a lawyer among the conditions that need to be met for prosecution.
According to Article 119 of the Civil Procedure Law
A lawsuit must meet the following conditions:
(1) The plaintiff has a direct interest in the case Citizens, legal persons and other organizations;
(2) There is a clear defendant;
(3) There are specific requests, facts and reasons;
(4 ) falls within the scope of civil litigation accepted by the people's court and within the jurisdiction of the people's court being sued.
Second, if a lawyer is hired, how are the legal fees determined?
Lawyer fees can be determined based on the following provisions:
Measures for the Management of Lawyer Fees
Article 4
Lawyer service fees shall be subject to government-guided prices and market-adjusted prices.
Article 5
Law firms shall provide the following legal services in accordance with the law and implement government-guided prices:
(1) Agency for civil litigation cases;
(2) Act as an agent in administrative litigation cases;
(3) Act as an agent in state compensation cases;
(4) Provide legal advice to criminal suspects in criminal cases, act as an agent for appeals, Charge, apply for bail pending trial, serve as the defendant's defender, private prosecutor or victim's litigation agent;
(5) Act as an agent in appeals of various litigation cases.
The fees for other legal services provided by law firms shall be subject to market-adjusted prices.
Article 6
The benchmark price and floating range of government-guided prices shall be formulated by the price administrative departments of the people's governments of each province, autonomous region, and municipality directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7
When formulating charging standards for lawyer services, the government shall listen to opinions from all aspects of society and hold hearings when necessary.
Article 8
The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and based on the average compensation cost of lawyer services, plus reasonable profits and statutory taxes Determine charging standards.
Article 9
The fees for lawyer services subject to market-adjusted prices shall be determined through negotiation between the law firm and the client.
When a law firm negotiates lawyer service fees with a client, the following main factors should be considered:
The working time spent;
(2) The cost of legal affairs Difficulty;
(3) The client’s affordability;
(4) The risks and responsibilities that the lawyer may bear;
(5) The lawyer’s social reputation and work level.
Article 10
According to different service contents, lawyer service fees can be charged on a per-case basis, in proportion to the bid amount, and on a per-time basis.
Piece rate is generally applicable to legal matters that do not involve property relations;
Charges based on the proportion of the winning bid amount are applicable to legal matters involving property relations;
Time Fees apply to all legal matters.
For citizens and entities involved in civil disputes, if they want to sue, they can decide on their own whether to entrust the litigation matters to a lawyer. Although the law does not require the prosecutor to hire a lawyer, generally speaking, if you hire a lawyer, you will need to pay attorney fees.