1. Attorney fees do not include legal fees, attorney fees and other expenses.
First of all, it should be explained that the lawyer's fee is the fee paid to the lawyer to represent the case. As for the court's acceptance fees (that is, legal fees), preservation fees and announcement fees, they are all borne by the parties themselves and have nothing to do with legal fees. The legal fees should be paid by the parties themselves. Considering that it is not easy for a client to take time off to go to court, it is not clear how to pay the fees for a client who will only fight a lawsuit once in his life. Some lawyers will pay the legal fees directly for the client when filing a case. Therefore, when a lawyer asks you for legal fees and security fees, don't think that the lawyer is charging extra. He/she is a silent charity, but he/she is not. The preservation fee is paid to the court only when the case needs preservation, and not every case needs preservation. Lawyers will inform the parties of the necessity of preservation according to specific cases, and the parties will choose whether it is necessary to preserve the other party's property.
In addition, the lawyer's fee does not include travel expenses, investigation and evidence collection fees, etc. , generally agreed in the entrustment contract. Travel expenses will only be incurred when you need to travel to other places to handle cases. Generally, there will be no travel expenses for local cases. For those who need to investigate and collect evidence, lawyers will also inform the parties of the fees in advance. The average lawyer is unwilling to ask the client for this fee after receiving the lawyer's fee. It seems that the lawyer is not authentic and the client is unwilling to ask for that fee.
The most important thing is that the lawyer's fees are collected in stages. The litigation stage is divided into first instance, second instance, execution and other stages. Lawyers generally only charge for one stage. Because after the first trial, it is possible that both parties will not appeal and enter the execution stage, and then the lawyer's fee for the execution stage will be generated. However, if either party appeals, it will incur the cost of the second trial, and there is no lawyer's fee in the implementation stage. Many parties believe that lawyers will always serve to the end after paying the lawyer's fee once, and the first trial, the second trial and the implementation of the whole package are all wrong. In layman's terms, the lawyer service at this stage is over when the judgment, mediation and ruling are obtained. Lawyers do other things for you just to do you a favor.
Can the lawyer's fee be refunded? The answer is no, and the lawyer's agency contract will also stipulate that the lawyer's fee will not be refunded if the contract is terminated due to one party. The lawyer's fee will not be refunded if both parties settle or withdraw the lawsuit from each other. Why? First, because the contract must be kept, and second, because the services provided by lawyers far exceed the value.
Second, what will the lawyer do after entrusting a lawyer?
Lawyer's service is different from ordinary goods or services, and it is a trust relationship between the parties and lawyers, which leads to lawyer's fees.
First, before establishing trust, lawyers have actually used their wisdom to help the parties analyze the whole case, made a comprehensive prediction of the trend of the case, and paid labor for the consultation of the parties.
Second, when writing the indictment and evidence list, the lawyer has comprehensively consulted the cases and legal provisions, analyzed and repeatedly demonstrated the claims, facts and reasons of this case and the competent court, and prepared more than three pieces of evidence until it was confirmed. For the evidence that the parties can't provide, the lawyer has also conducted investigation and evidence collection in the early stage. Some evidences, such as industrial and commercial files and identity information, were obtained by lawyers from other places through the Internet, and lawyers did not spend too much time, energy and money to speak out. Even how the other party will plead at the trial has been predicted and analyzed. Therefore, what the parties see is only a simple complaint. For lawyers, it may be the result of not sleeping for days and nights.
Third, filing a case is the most important step taken by lawyers on the basis of the above achievements. After filing the case, the parties only see a notice of acceptance or a receipt of legal fees, and the parties do not know the hardships. Lawyers will stop talking about how to persuade the judge to successfully file a case and how to amend the complaint again and again until it meets the requirements of the judge of the filing court (some complaints themselves meet the filing standards, but there is no way).
Fourth, the trial is the final display of the whole case. What the client sees is only a few words said by the lawyer, and what the client sees is only a small part, and most of what the lawyer pays is intangible.
Third, some feelings about the trial.
Here's a digression. A court session is not a performance. The so-called performance is endless arguments with each other, just like a debate. The parties may like such a lawyer, as if the lawyer did his duty, overwhelmed the other party in momentum and won the quarrel. After the trial, the parties held the lawyer's hand tightly. Thank you, counselor. You are such a good lawyer. You said everything we wanted to say. So, did the lawyer say what the judge wanted to hear? If it plays a key role in the case, is it recorded in the court record? A serious lawyer should not say anything or say a word, because a lawsuit is not a quarrel. What's the use of arguing again? Every piece of evidence that can prove the facts has been submitted, and the opinions of proof, cross-examination and debate have also been clearly expressed. If it is redundant, it is up to the judge to submit a clear proxy statement or defense.
In court, judges and lawyers want each other to be lawyers rather than parties. Because most of the parties do not understand the procedure of the trial, it can only lead to a deadlock in the trial, which could have ended in an hour, because the parties repeatedly said the same thing and repeated their own views, which seriously slowed down the pace of the trial. Some parties said what they should have said in advance, but they didn't understand after the judge explained, thinking that the judge was partial to the other party and had an interest relationship with the other party. What an unnecessary misunderstanding.
Four, about private legal counsel and lawyer fees.
In western countries, many people will have their own private lawyers.
According to incomplete statistics, there is one private lawyer for every 300 people in the United States. In China, there is one private lawyer for every 65,438+00,000 people.
Professional things are left to professional people, so it is very important to have your own private legal adviser. It is much more cost-effective to consult a lawyer before signing a contract than to go to court with a lawyer after you get into a dispute because you signed a contract that dug a hole.
Generally speaking, lawyers' fees are charged according to local lawyers' fees. At present, Beijing and other places have gradually opened lawyers' fees, which are freely regulated by the market and no longer subject to government-guided prices. However, the government-guided price still has a certain reference function. After marketization, the lawyer's fee can only be higher, not lower.
The charging standards I listed are simply listed with reference to the charging standards of lawyers in Liaoning Province for your reference.
I civil and commercial cases: 1. Legal consultation: 300 yuan/hour.
2. Instrument: 500 yuan-1000 Yuan/copy.
3. Contract drafting, review and revision: 4,000 yuan/copy.
4. Acting for cases that do not involve property, 5000 -30000 yuan/first trial, excluding second trial and execution.
5. Acting for cases involving property shall be calculated according to 8%- 10% of the object of litigation (the total amount of property involved), or you can download the lawyer's fee calculator for calculation.
6. Risk agency, within 30% of the litigation object.
7. Legal adviser: 50,000 yuan-10/00,000 yuan/year.
Two. Criminal case: 1. Investigation stage: 8000 yuan-10000 yuan.
2. Review and prosecution stage: 8000 yuan-10000 yuan.
3. Trial period: 8000 yuan-10000 yuan.
Unless there is a special iron relationship or entrustment intention, lawyers generally really don't have time to provide free legal advice. Some clients, who have never met their lawyers, find the lawyer's phone number online and call in, saying that I have something to consult. Nobody's money comes from the wind. Similarly, no one's time is blown by the wind. Why do lawyers give you free legal advice? The biggest cost of lawyers is time.