(1) Does not involve property relations: 2,000-30,000 yuan/piece.
Up and down fluctuation range: 20%
But the cost is less than 2000 yuan, according to 2000 yuan.
(two) involving property relations, the disputed subject matter shall be levied at the following rates:
tender prices
6% of the part below 65438+ 10,000 yuan (including 65438+ 10,000 yuan)
10-5% of 500,000 yuan (including 500,000 yuan)
50- 1 ten thousand yuan (including 1 ten thousand yuan) 4%
1-5 million yuan (including 5 million yuan) 3%
500-100000 yuan (including100000 yuan) 2%
65438+50 million yuan (including 50 million yuan) 1%
Part of more than 50 million yuan%
Up and down fluctuation range: 20%
But the cumulative cost is less than 2000 yuan, according to 2000 yuan.
(3) Time charging
1. Charging standard: 200 yuan-2,000 yuan per hour. The law firm and the client shall agree on the hourly charging standard and settlement method within the above range.
2. Up and down fluctuation range: 20%
(four) increase the number of counterclaims, counterclaims can be reduced according to the above standards.
(five) the case sent back for retrial, handled by the original lawyer, can be reduced or exempted according to the original fee standard.
(6) Risk agency fee
The maximum agency fee shall not be higher than 30% of the amount of the subject matter agreed in the contract, except for legal services with market-adjusted prices.
Second, the procedure of seeking a lawyer to file a lawsuit.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 1 19 of the Civil Procedure Law. The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, whether it is necessary to hire a lawyer in litigation and the benefits of hiring a lawyer.
1. If the case is simple and the evidence is sufficient, and you have a certain language ability, you can search and understand laws and regulations, then you don't need to hire a lawyer. For example, private lending, IOUs, and bank running water are controversial. The two sides have no dispute about the fact of lending. The plaintiff has a certain language ability and is confident to appear in court. In this case, lawyers cannot be invited to appear in court.
However, it should be noted that ordinary people had better consult their lawyers first, entrust lawyers to draft a standard indictment and evidence list to finalize the litigation ideas and prosecute according to the lawyers' litigation ideas. As long as lawyers are reliable and respond according to the litigation ideas involved by lawyers, there is basically no big problem.
2. However, if you and the other party have differences in the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a great impact on you, you should still invite lawyers to participate in the whole process. In civil disputes, lawyers can usually do two things for you:
(1) Run errands to handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with clerks and presiding judges, mediating, appearing in court, etc.
(2) Help you answer questions, reduce the risk of losing and improve the probability of winning. For example, you can ask a lawyer to analyze and suggest what you can say, what you can do, what you can't say, and whether you want to preserve notarization in advance. A lawyer can help you write a list of evidence of the complaint and defense, argue with the other party in court, state your views to the judge, and then negotiate and mediate with the other party.
In a word, the role of a serious lawyer is to save time and energy, improve efficiency and protect legitimate rights and interests to the maximum extent.