Billing rate of disputed object: 1000 1 yuan-100000 yuan, 5% ~ 6%; 1000 1 yuan-1000000 yuan 4% ~ 5%; 10000 1 yuan-3% ~ 4% of 5,000,000 yuan; 500000 1 yuan-10000000 yuan 2% ~ 3%; 100000 1 yuan -50000000 yuan1%~ 2%; More than 5000000 1.5% ~ 1% 0 yuan.
1. Property relations are not involved in the stage of review and prosecution: 1500 ~ 12000 yuan/piece;
Involving property relations: 70% of the charging standard for civil litigation cases involving property relations, but the minimum is not less than 2,000 yuan.
Trial stage:
Does not involve property relations: as the defendant's defender: 2,500 yuan to 20,000 yuan/piece; Acting as an agent ad litem for the private prosecutor and the victim: 2000 yuan ~ 15000 yuan/piece;
Involving property relations: according to the charging standard of civil litigation cases involving property relations. According to the request of the obligee and the specific case, the people's court can calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation. If the lawyer's fee for a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the reasonable expenses paid for investigating and stopping the infringement.
Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
500 yuan shall pay 100 yuan for each case that infringes on the rights of personality such as name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
Other non-property cases cost 50 yuan to 100 yuan each.
Second, according to the charge.
If there is a property dispute in the case, the lawyer's fee will be collected by stages and in proportion according to the subject matter of the lawsuit.
1./kloc-6%- 10% of the disputed subject matter below 0/00000 yuan, and the minimum is generally not less than 5000 yuan;
2.7%-8% of the disputed objects are more than 654.38+10,000 yuan but less than 1 10,000 yuan;
3.5% of the disputed objects are more than 6,543,800 yuan and less than 5 million yuan;
4.2%-3% of the disputed objects are more than 5 million yuan but less than 6.5438+million yuan;
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan;
6. 0.5% of the disputed object is more than 50 million yuan.
Third, find a lawyer to pay first or pay on behalf of the situation.
1. Lawyers charge first: general agent.
In the legal profession, it is common to pay legal fees first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with a lawyer, the general parties need to pay the fee first. However, it should be noted that if the fees charged by lawyers for representing cases are in stages, the fees charged by first instance, second instance and execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of fees first: semi-risk agency.
Although the service is paid first in principle, in some cases, the parties may have financial difficulties or other circumstances, and they can negotiate with the law firm or lawyer to pay part first, and then pay the rest after the implementation is in place.
3. Attorney's fee after closing the case: risk agent.
Risk agency, as its name implies, is a charging model for lawyers and clients to bear certain risks. This kind of risk agent will charge a higher fee, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it should not be too high. Under normal circumstances, the maximum charge amount shall not be higher than 30% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
4. What are the major, difficult and complicated litigation cases stipulated in the lawyer's fee contract?
(1) Criminal cases that should be tried by a collegial panel according to law;
(2) Cases of first instance under the jurisdiction of a people's court at or above the intermediate level (including the intermediate level);
(three) litigation cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security, judicial administration and other organs;
(four) cases that have aroused widespread concern and great social influence;
(5) New types of cases;
(six) cases involving Hong Kong, Macao and Taiwan or foreign-related cases with great social influence;
(seven) the case handling organ decides that other professionals need to participate in the case;
(8) Complex cases involving more than three (including three) legal relationships;
(nine) other cases that the law firm considers to be significant, difficult and complicated through consultation with the clients.
Legal basis:
Measures for payment of litigation fees
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
People's Republic of China (PRC) Lawyers Law
Article 40 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment, charging fees, accepting property or other benefits from the client without permission;
(two) to seek the disputed rights and interests of the parties by taking advantage of providing legal services;
(3) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;
(5) bribing judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law;
(six) intentionally providing false evidence or threatening or inducing others to provide false evidence, so that the other party can not legally obtain evidence;
(seven) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.