1, charged by piece
(1) Cases without property disputes: for ordinary civil, economic and administrative cases that do not involve property, according to the nature, complexity and time required for work, the fee is between 6,000-100000 yuan through negotiation; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan;
(2) Legal documents: write, modify and review legal documents. According to the nature of legal documents, the degree of difficulty, the time required for work and other factors, the fee for each document is between 600-2000 yuan through consultation;
(3) Lawyer's witness: According to the nature of legal documents, the required time and other factors, the fee is negotiated between 2000- 10000 yuan/piece.
(4) Attorney's notarization: the negotiation fee is between1500-3,000 yuan/piece for different notarization affairs of lawyers;
(5) Lawyer's letter and legal opinion: issue a lawyer's letter or legal opinion for the client, and negotiate fees according to the difficulty of related affairs, the purpose of use, the time required for work, etc. , and each set is between1.500-20,000 yuan.
(6) Lawyers' investigation: fees shall be negotiated according to the investigation items.
2. Civil and commercial services
(1) Preliminary stage
Calculation proportion of disputed object (calculation base)
The part of the disputed subject matter that is less than 654.38 million yuan, 1.7%, but not less than 5,000 yuan.
2.6% of the disputed objects are more than 65438+ 10,000 yuan but less than 1 10,000 yuan.
3 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.
4. 3% of the disputed object is more than 5 million yuan and less than 6,543,800 yuan.
5 1% The disputed object is more than100000 yuan but less than 50 million yuan.
6. Some projects with disputed subject matter of more than 50 million yuan are in the second trial stage.
1 If it does not represent the first instance but only the second instance, the agency fee will be charged according to the first instance standard, and other handling fees will 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.
For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
(3) retrial (appeal) stage
1 represents a retrial (appeal) case that does not represent the first and second instance. The agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.
2 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 fee. 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.
3. 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 RMB;
4. Negotiation fee (complexity of the case, object of civil litigation, etc.). ) between private prosecution and incidental civil action.
5. For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee shall be 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
1 If it does not represent the first instance but only the 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 instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
(3) retrial (appeal) stage
1 represents a retrial (appeal) case that does not represent the first and second instance. The agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.
2 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 fee. Other handling fees remain unchanged.
Retrial is to correct the wrong judgment or ruling that has taken legal effect, and to retry the case according to the procedure of trial supervision.
In line with the law, start the retrial supervision procedure.
Retrial is to correct the wrong judgment or ruling that has taken legal effect, and to retry the case according to the procedure of trial supervision.
For cases that have been tried, the court will try them again in accordance with the retrial procedure, with the aim of correcting the legally effective but wrong judgments or rulings. The characteristics of retrial are:
1. The subject of retrial must be the Supreme People's Court and the people's court at a higher level; The Supreme People's Procuratorate and the people's procuratorate at a higher level or the president of our hospital.
2. The object of retrial is the judgment and ruling of the first-instance and second-instance cases that have taken legal effect.
3. The time for bringing a retrial is within six months after the judgment or ruling takes effect; If the legal document on which the original judgment or ruling was based is revoked or changed, and it is found that the judge has committed acts of corruption, bribery, favoritism, and perverting the law in the trial of the case, he shall file a complaint within six months from the date when he knew or should have known.
Second, the retrial procedure belongs to the "extraordinary procedure"
Retrial procedure is an extraordinary way for the court to retry a legally effective judgment with major defects. Its "extraordinary procedure" attribute is different from the ordinary relief procedure, because the retrial procedure can only be used for relief in special circumstances and cannot be used as frequently as the ordinary relief procedure. Gu Ma's principle of "one thing without two reasons" reached the extreme in maintaining res judicata and publicizing judicial authority, so it was not allowed to review the tried cases at that time.
There is a view in the practical department that "the maintained RES judicata is only the correct RES judicata, and the wrong RES judicata is absolutely not maintained." We say that there are right and wrong judgments, but RES judicata, as a symbol of binding force and judicial authority, can only be maintained, not denied. Even if the judgment of the case is overturned, it is to safeguard the authority of the court, because there are major flaws in the effective judgment, which is a blasphemy against judicial justice, and the justice itself must be repaired through retrial and other procedures. Of course, this kind of repair is limited by substantive and procedural conditions.
The above is about the knowledge sharing of attorney fees. We understand that even in the second instance, fees need to be charged according to the nature of the case, and lawyers are charged differently in different cases. Therefore, the charges of second-instance cases need to be determined according to the situation, and cannot be generalized. I hope it will help everyone.