Legal subjectivity:
People often need to hire a lawyer when litigating. After all, litigation is a professional activity, and many people know little about it. It’s very troublesome, and many people don’t have that much time and energy to deal with related disputes.
1. The latest legal fee charging standards
1. Charges on a case-by-case basis
⑴ Cases without property disputes: ordinary civil, economic, and administrative cases that do not involve property According to factors such as the nature, complexity of the case, the time required for the work, etc., the fee will be negotiated between 6,000 and 100,000 yuan; for non-local civil, economic, and administrative cases that do not involve property, the agency fee shall not be less than 20,000 yuan;
⑵Legal documents: writing, revising, and reviewing legal documents on your behalf. Depending on factors such as the nature, difficulty, and time required for the work, the fee for each document is negotiated between 600 and 2,000 yuan;
⑶ Lawyer testimony: Depending on the nature of the legal document, the time required and other factors, the fee will be negotiated between 2,000 and 10,000 yuan per piece.
⑷Certificate on behalf of the client: The matters for the lawyer to issue the certificate on behalf of the client are different, and the fee is negotiated between 1,500 and 3,000 yuan per case;
⑸Lawyer's letter and legal opinion: issue a lawyer's letter for the client Or a legal opinion, the fee is negotiated based on factors such as the difficulty of the relevant matter, the purpose of use, the time required for the work, etc. The negotiated fee for each copy is between 1,500 and 20,000 yuan.
⑹Lawyer investigation: Fees are negotiated based on the investigation matters.
2. Civil and commercial services
(1) First instance stage
Calculation ratio of the subject of the dispute (calculation base)
1. The subject of the dispute 7% for the portion below RMB 100,000 but not less than RMB 5,000
2. 6% for the portion of the disputed amount above RMB 100,000 but below RMB 1 million
3. 5% for the portion where the subject of dispute is more than 1 million yuan but less than 5 million yuan
4. 3% for the portion where the subject of dispute is more than 5 million yuan but less than 10 million yuan
5. 1% for the portion where the subject of dispute is more than 10 million yuan but less than 50 million yuan
6. 0.5% for the portion where the subject of dispute is more than 50 million yuan
(2) Second Instance Stage< /p>
① If the case is not represented in the first instance but only in the second instance, the agency fee will be charged according to the standard of the first instance, and other case handling fees will remain unchanged.
② For cases that have been represented in the first instance, the agency fee will be charged at half of the first instance fee, and other case handling fees will remain unchanged.
③ If the case is remanded for retrial after the second instance, the agency fee will be half of the second instance fee, and other case handling fees will remain unchanged.
(3) Retrial (Appeal) Stage
① For cases that have not been represented in the first or second instance but are solely represented in the retrial (appeal), the agency fees will be charged according to the standards of the first instance, and other case handling fees will remain unchanged. .
②For cases that have been represented in the first or second instance, the agency fee will be charged at half of the first or second instance fee. Other case handling fees remain unchanged.
(4) Arbitration cases: 1.5 times the first-instance fee for civil and commercial cases.
(5) Enforcement cases: Charges will be based on the first-instance fee standards for civil and commercial cases. Those who have acted as agents in litigation or arbitration cases will be charged half of the aforementioned standards.
3. Criminal cases
(1) First instance stage:
①Investigation stage (including self-investigation by the procuratorate): RMB 6,000-18,000;
②Examination and prosecution stage: RMB 6,000-30,000;
③Trial stage: RMB 8,000-50,000;
④Criminal private prosecution and incidental civil litigation RMB 6,000-60,000 Negotiate fees among others (complexity of case, subject matter of civil litigation, etc.).
⑤For cases involving national security crimes, gang-related and drug-related crimes, and other major and difficult cases, the agency fee will be charged at twice the above standard.
If a business trip to another place is required to handle the case, transportation expenses, accommodation expenses, long-distance telephone charges, etc. shall be borne by the client. These expenses can be reimbursed in real terms, or a fixed amount can be negotiated and used as a lump sum.
(2) Second instance stage
①For cases that are not represented in the first instance but only in the second instance, the agency fees will be charged according to the first instance standards, and other case handling fees remain unchanged;
② For cases that have been represented in the first instance, the agency fee will be charged at half of the first instance fee, and other case handling fees remain unchanged;
③For cases that were remanded for retrial after the second instance, the agency fee will be charged at half of the second instance fee. One fee is charged, and other case handling fees remain unchanged.
(3) Retrial (Appeal) Stage
① For cases that have not been represented in the first or second instance but are solely represented in the retrial (appeal), the agency fees will be charged according to the standards of the first instance, and other case handling fees will remain unchanged. .
②For cases that have been represented in the first or second instance, the agency fee will be charged at half of the first or second instance fee. Other case handling fees remain unchanged.
2. The difference between attorney fees and litigation fees
1. Different collecting parties
Litigation fees refer to the fees that the parties should pay to file lawsuits with the People’s Court. cost. Lawyer agency fees refer to the remuneration a lawyer should receive for representing a client in legal matters.
2. Different charging standards (methods)
Lawyer service fees can be based on different service contents, such as piece-rate fees, proportional fees based on the target amount, hourly fees, and risk agency fees. . Litigation fees shall be implemented in accordance with the relevant provisions of the "People's Court Litigation Fees Payment Office".
3. How to collect attorney's fees
According to the current relevant regulations, it is usually paid when completing the entrustment procedures, or it can be determined through negotiation with the entrusted lawyer. To sum up, there is no specific standard for lawyer fees, which are set by the lawyers themselves. Generally speaking, lawyers with more experience and higher professional standards will charge higher fees; young lawyers who have just graduated will have relatively low fees because they have no case sources. Some, but young lawyers have relatively less experience, so everyone should choose carefully when choosing a lawyer. Legal objectivity:
Article 8 of the Measures for the Management of Forensic Appraisal Fees: Forensic appraisal fees for cases involving property shall be collected cumulatively in segments according to the proportion of the subject amount, whichever is the smaller of the litigation subject matter and the appraisal subject matter. The specific proportions are as follows: (1) If the amount does not exceed 100,000 yuan, the fee standards listed in the annex to these measures will be implemented; (2) The amount exceeding 100,000 yuan to 500,000 yuan will be charged at 1%; (3) The amount exceeding 500,000 yuan will be charged at 1% The portion exceeding RMB 1 million to RMB 1 million is charged at 0.8%; (4) The portion exceeding RMB 1 million to RMB 2 million is charged at 0.6%; (5) The portion exceeding RMB 2 million to RMB 5 million is charged at 0.4% ; (6) The amount exceeding 5 million yuan to 10 million yuan is charged at 0.2%; (7) The amount exceeding 10 million yuan is charged at 0.1%. For larger amounts, the provincial price authorities, together with the judicial administrative departments at the same level, may set an upper limit on the amount of judicial appraisal fees based on local actual conditions. The judicial appraisal fees for property-related cases referred to in the first paragraph of this article only apply to the document appraisal of physical evidence in judicial appraisal and the fingerprint appraisal of trace appraisal, and do not apply to other appraisals.