1, lawyer's fees for civil cases
(1) Preliminary stage
Calculation proportion of disputed object (calculation base)
(1) The part of the disputed subject matter that is less than 654.38 million yuan is 7%, but not less than 5,000 yuan.
(2) 6% of the disputed objects are more than 6,543,800 yuan but less than 6,543,800 yuan.
(3) 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.
(four) the subject matter of the dispute is more than 5 million yuan but less than 3% of100000 yuan.
(5) 1% The disputed object exceeds100000 yuan but is less than 50 million yuan.
(Leave) The subject matter of the dispute is more than 50 million yuan in the second trial stage.
(a) the agency fee is charged according to the standard of first instance, and other handling fees 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 it does not represent the retrial (appeal) cases in the first and second instance, the agency fee will 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 or second instance, the agency fee shall be charged at half of the first or second instance. Other handling fees remain unchanged.
(4) Arbitration cases: charged according to the charging standard of civil and commercial cases of first instance.
(5) Case execution: The fees are charged according to the standards of first instance in civil and commercial cases, and those who have represented litigation or arbitration cases will be charged at half the above standards.
2. Attorney's fees for criminal cases:
(1) Preliminary stage:
(1) investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
(2) Review and prosecution stage: 6000-30000 yuan;
(3) Trial period: 8,000-50,000 yuan;
(4) negotiation fee between criminal private prosecution and incidental civil litigation (complexity of the case, object of civil litigation, etc.). ).
(five) involving national security crimes, drug crimes and other major difficult cases, the agency fee is charged at twice the above standard.
If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.
(2) The second trial stage
(a) the agency fee is charged according to the standard of first instance, and other handling fees 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 it does not represent the retrial (appeal) cases in the first and second instance, the agency fee will 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 or second instance, the agency fee shall be charged at half of the first or second instance. Other handling fees remain unchanged.
2. What are the ways to charge the lawyer's fees?
1, regular charge
Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit. 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 the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment. Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee.
2. One-time expenses
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution. The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
3. Risk cost
Risk charge means that only a small amount of fees are charged before the execution of judgment, mediation and settlement, and higher fees are charged after winning the case or executing the payment. The charging standard is about 2000- 10000 in the upfront cost, and 10-30% after winning the case.
The above charging methods shall be determined by the lawyer and the client through consultation according to the specific circumstances.
In a word, the way and amount of lawyer's fees are determined by the lawyer and the client through consultation within a certain range. How to charge for a specific case and how much the lawyer's fee should be determined through consultation with the lawyer.
The above is Bian Xiao's knowledge about whether to charge legal fees in the second trial. I believe you have a general understanding through the above knowledge. If you are unfortunate enough to encounter some complicated legal problems, please log in for legal consultation. We have many professional lawyers who can serve you. We also support online selection of lawyers in designated areas, and we also have detailed information about relevant lawyers.