How to collect legal fees for retrial in the same case
There is no clear stipulation in the law, which is completely determined by both parties according to the agency contract. Generally speaking, appeal and retrial are completely different things and should be charged separately. Because the appeal does not necessarily start the retrial procedure, even if the appeal is unsuccessful, the parties should still pay the corresponding attorney fees according to the agency contract of both parties.
Complaint is a kind of criminal litigation activity, which can be carried out by the parties or entrusted lawyers.
Two, after the successful start of the retrial procedure, the client can re entrust other lawyers.
Three, the rights and obligations between the parties and the agent shall be subject to the agency agreement.
Appeal and retrial are completely two concepts, and appeal does not necessarily lead to the start of retrial procedure; In fact, most appeal cases are invalid, but even if the appeal is unsuccessful, the parties should still pay the corresponding lawyer's fees according to the agency contract between the two parties; When the case is retried, it is equivalent to another lawsuit. The parties may continue to hire lawyers to represent the appeal or entrust other lawyers.
Measures for the administration of lawyers' service fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
There is also a legal fee for retrial in the same case, but the fees are different, which should be negotiated according to specific lawyers. If property and compensation are involved, the lawyer will adjust the fees.