(two) involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
1 and 654.38+10,000 yuan (excluding 654.38+10,000 yuan) are charged at 3000- 10000 yuan;
2, 65438+ 10,000 yuan to 500,000 yuan (excluding 500,000 yuan) is 6%-8%;
3, 500 thousand yuan to 5 million yuan (excluding 5 million yuan) is 4%-6%;
4, 5 million yuan to 20 million yuan (excluding 20 million yuan) is 2%-4%;
5, 20 million yuan to 65.438+0 billion yuan (excluding 65.438+0 billion yuan) is 654.38+0%-2%;
6. 1 billion yuan (inclusive) is 1%-0.5%. If the case is complicated or significant, the fee can be negotiated above the above ratio.
2. Can I ask the defendant to pay the lawyer's fee?
Generally speaking, whoever entrusts a lawyer will bear the lawyer's fee, and the lawyer entrusted by the plaintiff will be paid by the plaintiff and the lawyer entrusted by the defendant will be paid by the defendant. However, in some cases, for example, the parties to the contract have agreed on the subject matter of attorney fees in the contract, or in some intellectual property cases such as trademark rights and patent rights, the plaintiff requires the defendant to bear the attorney fees arising from the investigation and stop the infringement in the complaint, and the court may decide that the attorney fees shall be borne by the losing party. Now the court has made a judgment. If the judgment involves the commitment of legal fees, it will be executed according to the judgment, otherwise the entrusting party will bear their own legal fees.
In judicial practice, the people's court basically does not support the request that the lawyer's fees should be borne by the defendant, unless some special cases or parties have agreed on the lawyer's fees in advance. The main reason why the court does not support this request is that the parties can participate in all litigation activities in their own names.
3. What are the influencing factors of attorney fees?
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
Attorney fees are generally calculated according to the type of case and the litigation stage, and the legal fees should be calculated separately in the new litigation stage. Under normal circumstances, who will entrust the lawyer to pay the litigation costs?
In our daily life, if there is a civil rights dispute, the law of our country does not force the parties to be represented by a lawyer, so the parties can choose to hire a lawyer or not according to their own situation, so there is no inevitable causal relationship between the lawyer's fees generated in the lawsuit and the defendant's breach of contract or infringement.
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