Generally speaking, lawyers pay in advance, and they can only entrust the relevant procedures after paying the money. But whether to pay the money first or later depends on how the parties and lawyers negotiate. It is ok to pay the money after it exists, but you can also pay part of the money first and then pay the rest after it is over.
1, lawyer pays first. Normal entrustment is to pay first and go through the entrustment procedures. If you are a risk agent, you must go through the formalities first and then pay after winning the case. If you lose the lawsuit, you won't lose. However, risk agents should charge higher fees. Usually 10% or more.
When a law firm accepts a client's entrustment to appoint a lawyer to handle a case, it will negotiate the lawyer's agency fee, case handling fee and other matters in the agency contract, and implement the lawyer's relevant charging standards and payment methods according to the agreement, usually in proportion to the target amount. Generally speaking, the lawyer's agency fee needs to be paid when signing the contract or within a few days after signing the contract.
2, but in line with the risk agency, that is to say, the lawyer only charges a low basic fee when accepting the entrustment, and the rest of the service remuneration is agreed in advance by the lawyer and the client on the purpose, effect, time, proportion and requirements of paying the lawyer's service fee. In line with the agreed requirements, the fees shall be paid as agreed; If the agreed requirements cannot be met, no more fees will be paid. In short, the charging method is determined by the lawyer and the client according to the specific situation.
There are two ways to pay the lawyer's fee. One is to pay the lawyer when signing the contract, and pay in proportion. All localities have formulated detailed methods for charging lawyers. One is to pay after the litigation procedure is over, which belongs to the risk agency and has a higher charging standard.
Whether the specific lawyer's fee is paid before or after the court session, the parties can negotiate with the lawyer. Generally speaking, the lawyer's professional standard determines whether the lawyer's fee is paid first or later. If the lawyer is professionally responsible, he can pay in advance. If he is worried about the success or failure of the lawsuit, he can pay half the fee first and part of the fee after the trial.
Charge standard of attorney fees
1, civil case charges
(1) Cases without property rights disputes
Ordinary civil, economic and administrative cases, which do not involve property, shall be collected through negotiation between 6000- 100000 yuan according to factors such as the nature of the case, complexity and time required for work; 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 document cases
To write, revise and review legal documents on behalf of others, according to the nature of legal documents, the degree of difficulty, the time required for work and other factors, each document will be charged a fee of 600-2,000 yuan through consultation.
(3) Witness by lawyers
According to the nature of legal documents, the required time and other factors, the cost is between 2000- 10000 yuan per piece.
(4) Being a notary.
Lawyers handle notarization affairs differently, and the fees are negotiated between 1500-3000 yuan/piece.
(five) 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. , each 1500-20000 yuan.
Charges in criminal cases
(1) investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
(2) Review and prosecution stage: 6000-30000 RMB;
(3) Probation period: 8,000-50,000 RMB;
(4) The fee for negotiation between criminal private prosecution and incidental civil litigation agent is 6000-60000.
(five) involving national security crimes, triad-related crimes, drug-related crimes and other major and difficult cases, the agency fee is charged at twice the above standard.
3. Costs of civil and commercial cases
(1) 7% service charge for the disputed quotation below RMB 654.38+10,000;
(2) A 6% service fee will be charged for the disputed bid that exceeds RMB 654.38+10,000, but is less than RMB 654.38+10,000;
(3) A 5% service fee will be charged for the disputed bid that exceeds 6.5438+0 million yuan but is less than 5 million yuan;
(4) A 3% service fee will be charged for the disputed bid that exceeds 5 million yuan but is less than 6.5438+million yuan;
(5) A service fee of 654.38+0% will be charged for the disputed bid that exceeds 6.5438+million yuan but is less than 50 million yuan;
(6) If the disputed bid exceeds 50 million yuan, 0 point will be charged. 5% service charge.
Fees for attorney's fees for different cases, as well as the need to travel to other places to handle cases, shall be borne by the entrusting party, and such expenses can be reimbursed. Whether to pay the lawyer's fee first or later depends on how the parties and lawyers negotiate, but it is best to pay part of the money first, and then pay the rest after the lawsuit is over, depending on the case and the charging standard.
To sum up, it is Bian Xiao's answer to whether the lawyer's fees should be paid first or later. I hope it will help you.
Legal basis:
Article 59 of the Lawyers Law of People's Republic of China (PRC) shall be formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council. "Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly" Article 56 If it is really difficult for the elderly to file a lawsuit to pay legal fees because their legitimate rights and interests have been infringed, they may postpone, reduce or exempt them from paying; Legal aid is available to those who need the help of a lawyer but cannot afford it. Encourage law firms, notary offices, grassroots legal services and other legal service institutions to provide free or preferential services for the elderly with financial difficulties.