The billing ratio of the disputed subject: 5%-6% for the part between 10,001 yuan and 100,000 yuan; 4%-5% for the part between 100,001 yuan and 1,000,000 yuan; 3%-4 for the part between 100,000,001 yuan and 5,000,000 yuan. %; the 5,000,001 yuan portion is 3%-4%. The portion between 5000001 yuan and 10000000 yuan is 2% to 3%; the portion between 10000001 yuan and 50000000 yuan is 1% to 2%; the portion above 50000001 yuan is 0.5% to 1%.
I. The review and prosecution stage does not involve property relations: 1,500 yuan to 12,000 yuan per case;
Involving property relations: 70% of the fee standard for representing civil litigation cases involving property relations % charge, but the minimum is not less than 2,000 yuan.
Trial stage:
No property relations are involved: acting as the defendant’s defender: 2,500 yuan to 20,000 yuan/case; acting as the litigation agent of the private prosecutor and the victim: 2,000 yuan to 15,000 yuan Yuan/piece;
Involving property relations: The fee standards for representing civil litigation cases involving property relations shall be followed. Based on the request of the right holder and the specific circumstances of the case, the people's court may determine the amount of compensation within the scope of the reasonable expenses paid by the right holder to accept the investigation and stop the infringement. If attorney fees in patent dispute cases are to be calculated within the scope of the defendant's compensation amount, they must be based on the reasonable expenses paid to investigate and stop the infringement.
The fee for each divorce case is 50 yuan to 300 yuan. If it involves property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; the portion exceeding 200,000 yuan will be paid at 0.5%.
For infringement of personality rights such as name rights, title rights, portrait rights, reputation rights, honor rights, etc., the payment ranges from 100 yuan to 500 yuan per case. For damages involved, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; if the amount of compensation exceeds 50,000 yuan to 100,000 yuan, it will be paid at the rate of 1%; if the amount of compensation exceeds 100,000 yuan, it will be paid at the rate of 0.5%.
For other non-property cases, the fee is 50 yuan to 100 yuan per case.
2. Charges based on the amount of the subject matter
In cases involving property disputes, attorney fees are generally charged in segments and proportionally based on the amount of the subject matter of the lawsuit.
1. 6%-10% of the portion of the disputed subject matter below 100,000 yuan, with a minimum of not less than 5,000 yuan;
2. The portion of the disputed subject matter above 100,000 yuan but below 1 million yuan 7%-8%;
3. 5% of the portion of the subject of dispute exceeding 5 million yuan and less than 10 million yuan;
4. The subject of dispute exceeding 5 million yuan and less than 10 million yuan 5% of the portion. The subject of dispute is 2%-3% of the portion between RMB 5 million and RMB 10 million;
5. The subject of dispute is 1% of the portion between RMB 10 million and RMB 50 million;
6. 0.5% of the amount of the disputed object exceeding RMB 50 million.
3. Should you pay the fee first when you find a lawyer or after the case is concluded?
1. The lawyer pays the fee first: ordinary agency
In the lawyer industry, the lawyer pays the fee first. Fees are relatively common. Lawyers who pay fees first are also called ordinary agents in litigation. Generally, when parties sign a commission agreement with a lawyer, they need to pay fees first. However, it should be noted that if a lawyer represents a case and charges by stages, the charging standards for the first instance, second instance, and execution stages are different; if these stages are all lump sum, the prices will be different. All these require negotiation and communication between the parties and their lawyers.
2. The lawyer charges a part of the fee first: semi-risk agency
Although in principle service is provided first and payment is later, some cases may involve financial difficulties or other circumstances. You can work with a lawyer The firm or lawyer negotiates to pay one part first and then pay the other part after the execution is complete.
3. Lawyer charging method after the case is closed: Risk agency
Risk agency, as the name suggests, is a charging method in which the lawyer shares the risk with the client to a certain extent****.
The fees of this kind of risk agency will be relatively high, which can be regarded as a commission if the lawsuit is won. If the lawsuit is lost, there will be no fee. Of course, it cannot be too high. Generally, the maximum charge amount shall not be higher than 30% of the amount agreed in the charging contract. It should be noted that the law has regulations on the types of cases in which lawyers can be represented by risk agents. Risk agents are not allowed in some types of cases, such as marriages, work-related injuries, criminal cases, etc.
4. Lawyer fee contracts are applicable to major, difficult and complex litigation cases
(1) Criminal cases that should be heard by a collegial panel according to law;
(2 ) First-instance litigation cases heard by the people's courts above the intermediate level (including intermediate levels) with jurisdiction;
(3) Meet the standards for courts, procuratorates, public security, and judicial administrative agencies to hear major, difficult, and complex cases Litigation cases;
(4) Major, difficult, and complex cases tried by courts, procuratorates, public security, and judicial administrative agencies;
(4) Arousing widespread social attention and social impact Larger cases;
(5) New types of cases;
(6) Cases involving Hong Kong, Macao, Taiwan and foreign countries with great social impact;
(7 ) Cases that require the participation of other professionals upon decision of the case-handling agency;
(8) Cases with complex circumstances involving three or more (including three) cases. (8) Cases involving more than three (including three) legal relationships;
(9) Other cases that the law firm and the client agree are major, difficult, and complex.
Legal basis:
"Measures for the Payment of Litigation Fees"
Article 13 Case acceptance fees shall be paid according to the following standards:
( 1) Property cases shall be paid cumulatively according to the amount or price of the litigation claim in accordance with the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case;
2 ,...the portion exceeding RMB 10,000 to RMB 100,000 is charged at 2.5%;
3. The portion exceeding RMB 100,000 to RMB 200,000 is charged at 2%;
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4. For the portion exceeding 200,000 yuan to 500,000 yuan, 1.5% is paid;
5. For the portion exceeding 500,000 yuan, 1.5% is paid. The portion exceeding 500,000 yuan to 1 million yuan is paid at 1%;
6. The portion exceeding 1 million yuan to 2 million yuan is paid at 0.9%;
7. The portion exceeding 2 million yuan to 5 million yuan is paid at 0.8%;
8. The portion exceeding 5 million yuan to 10 million yuan is paid at 0.7%;
9. For the portion exceeding RMB 10 million to RMB 20 million, 0.6% will be paid;
10. For the amount exceeding 20 million yuan, 0.5% is paid.
(2) Non-property cases will be paid according to the following standards:
1. The payment for each divorce case is 50 yuan to 300 yuan. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. In case of infringement of personality rights such as name rights, title rights, portrait rights, reputation rights, honor rights, etc., compensation shall be 100 yuan to 500 yuan per case. For damages involved, if the amount of compensation does not exceed 50,000 yuan, no additional compensation will be paid; if the amount exceeds 50,000 yuan to 100,000 yuan, the compensation will be 1%; if the amount exceeds 100,000 yuan, the compensation will be 0.5%.
3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no dispute over the amount or price, 500 yuan to 1,000 yuan will be paid for each case; if there is a dispute over the amount or price, the payment shall be in accordance with the standards for property cases.
(4) For labor dispute cases, a fee of 10 yuan is required for each case.
(5) Administrative cases will be paid according to the following standards:
1. 100 yuan for each trademark, patent, and maritime administrative case;
2. Other administrative cases 50 yuan per item.
(6) In cases where the parties raise objections to jurisdiction, if the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.
"Lawyers Law of the People's Republic of China"
Article 40 Lawyers shall not engage in the following conduct in their professional activities:
(1) Accepting entrustments privately, collecting Fees, accepting property or other benefits from the client;
(2) Taking advantage of the convenience of providing legal services to obtain benefits from the disputed rights and interests of the parties;
(3) Accepting fees from the other party property or other interests, maliciously colludes with the other party or a third party, and infringes upon the rights and interests of the client;
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;< /p>
(5) Offering bribes to judges, prosecutors, arbitrators and other relevant staff, introducing bribes, instigating and inducing parties to pay bribes, or influencing judges, prosecutors, arbitrators and others in other improper ways Relevant staff handle cases in accordance with the law;
(6) Use other improper means to influence judges, prosecutors, arbitrators and other relevant staff in handling cases in accordance with the law;
(6) Intentionally Providing false evidence or threatening or inducing others to provide false evidence to hinder the other party's legal evidence collection;
(7) Instigating or instigating the party to take illegal actions such as disrupting public security and endangering public security. means to resolve disputes.
(7) Inciting and instigating parties to adopt illegal means to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.