First, can the lawyer's agency fee allow the other party to claim compensation?
The attorney's fee is usually borne by the client. Generally speaking, whoever asks a lawyer pays, because this is an entrustment contract, you and the lawyer are both parties to the contract and only bind you both.
However, in some cases, if the parties to the contract have an agreement on the subject matter of attorney fees, or in some intellectual property cases such as trademark rights and patent rights, if the plaintiff asks the defendant to bear the attorney fees arising from the investigation and stop the infringement in the complaint, the court may decide that the attorney fees shall be borne by the losing party.
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request about lawyer's fee will generally be supported in prosecution or arbitration. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. When drafting such a breach of contract clause, we must pay special attention to clearly stating "lawyer's fees". The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee.
Second, how much is the lawyer's fee?
Costs of civil and administrative litigation involving property:
On the basis of collecting the basic fee of 1 1,000-8,000 yuan, the fee shall be calculated according to the amount of the disputed subject matter.
Less than 50,000 yuan (including 50,000 yuan): free.
50,000-65,438+10,000 yuan (including 65,438+10,000 yuan): 8%
65438+ million-500,000 yuan (including 500,000 yuan): 5%
500,000-6,543.8+0,000 yuan (including 6,543.8+0,000 yuan): 4%
1 10,000-5 million yuan (including 5 million yuan): 3%
5 million yuan-10/00000 yuan (including100000 yuan): 2%
100000-50 million yuan (including 50 million yuan): 1%
More than 50 million yuan. 3. How much do lawyers charge for lawsuits?
It is necessary to pay a lawyer some fees to find a lawyer to go to court, which we call lawyer's fees. That is, lawyer's agency fee refers to the remuneration that lawyers should charge for their clients' legal affairs.
At present, there are two ways to collect legal fees:
1, regular charge
Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit. But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment. Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee.
2. One-time expenses
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution. The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
3. Risk agency fees
The maximum agency fee shall not be higher than 30% of the amount of the subject matter agreed in the contract, except for legal services with market-adjusted prices.
The fees for attorney fees are as follows
(1) Agency fees for civil litigation, administrative litigation and state compensation cases.
1 Does not involve property relations: 2,000-30,000 yuan/piece.
Lower limit of floating range: 20%
But the cost is less than 2000 yuan, according to 2000 yuan.
2. If the property right relationship is involved, the accumulated expenses shall be charged in installments according to the following rates of the disputed object:
Charge according to bid amount and rate:
Part below 65438+ 10,000 yuan (including 65438+ 10,000 yuan)
6%
10-500,000 yuan (including 500,000 yuan)
5%
50- 1 ten thousand yuan (including 1 ten thousand yuan)
4%
1-5 million yuan (including 5 million yuan)
3%
500-100000 yuan (including100000 yuan)
2%
10-50 million yuan (including 50 million yuan)
1%
More than 50 million yuan.
Up and down fluctuation range: 20%
But the cumulative cost is less than 2000 yuan, according to 2000 yuan.
Charge for 3 times
Charging standard: 200 yuan-2,000 yuan per hour. The law firm and the client shall agree on the time charging standard and settlement method within the above scope.
Up and down fluctuation range: 20%
In the case of increasing counterclaims, counterclaims can be reduced as appropriate according to the above criteria.
If the case sent back for retrial is handled by the original lawyer, the fee may be reduced as appropriate according to the original fee standard.
(two) the cost of handling criminal cases
1 investigation stage (including self-investigation by procuratorate):
2000 yuan -20000 yuan/piece
2 review and prosecution stage:
2000 yuan -20000 yuan/piece
3 Trial stage (one trial level):
Cases of first instance in grass-roots courts
2000 yuan -20000 yuan/piece
Cases of first instance in courts above the intermediate level (including intermediate courts)
5000 yuan -50000 yuan/piece
4. Providing legal aid and retrial defense at the appeal stage:
Basic court retrial case
2000 yuan -20000 yuan/piece
The intermediate court or above (including the intermediate court) retries the case.
5000 yuan -50000 yuan/piece
5. Agent of private prosecution case:
2000 yuan -20000 yuan/piece
(6) In criminal incidental civil litigation cases, the criminal part shall implement the above standards, and the civil part may reduce the fees with reference to the charging standards for civil cases.
If the case sent back for retrial is handled by the original lawyer, the fee may be reduced as appropriate according to the original fee standard.
8. The above-mentioned items can also be charged according to the above-mentioned time charging standard for civil cases.
9 fluctuation range of the above standards: 20%
But the cost is less than 2000 yuan, according to 2000 yuan.
(3) When a law firm handles major, complicated and difficult civil litigation, administrative litigation, state compensation cases and foreign-related cases, it can negotiate with clients to determine the amount of fees according to the above standards, but the maximum amount shall not exceed 2 times of the above standards, and the maximum amount of fees for handling major, complicated and difficult criminal litigation cases shall not exceed 3 times of the above standards. A law firm may not ask its clients to raise their fees on the grounds that the case is significant, complicated or difficult.
The above is the legal knowledge about "Can the lawyer's agency fee claim from the other party?". The attorney's fee is generally borne by the client, and the application can be borne by the losing party under some special circumstances. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to help you.