In practice, the lawyer's fee can be agreed to be paid when signing the agency contract, or paid after the case is completed, or paid in part first, and then paid in part after the case is completed, but lawyers are not allowed to represent the case for free.
According to the different service contents, the lawyer's service fee can be charged by piece, by the proportion of the target amount and by time.
Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs.
For both parties with conflicts of interest, they go to the government or the Chief Executive to complain, ask for a ruling on right and wrong and safeguard their legitimate rights and interests, or argue with each other to safeguard their legitimate rights and interests because they are sued by the government or the Chief Executive.
According to the scope of duties of the people's courts in China and the nature of cases, we can divide litigation into criminal litigation, civil litigation and administrative litigation. Administrative litigation refers to administrative disputes caused by the functions and powers of state administrative organs and their staff or organizations authorized by law. Citizens, legal persons or other organizations appeal to the people's court to solve this dispute, and the people's court conducts judicial review of its functions and powers to judge whether it is legal, so as to solve the administrative dispute. People usually call it "people's accusation", also known as administrative litigation.
In the following infringement proceedings, if the defendant denies the infringement facts put forward by the plaintiff, the defendant shall bear the burden of proof:
(1) Patent infringement litigation caused by product manufacturing methods and invention patents;
(2) Infringement proceedings for damages caused by highly dangerous operations;
(3) Litigation for compensation for environmental pollution damage;
(4) Infringement proceedings in which buildings or other facilities, as well as shelving and hanging objects on buildings collapse and fall off, causing damage to people;
(5) Infringement proceedings for damage caused by raising animals;
(6) Cases in which the defendant bears the burden of proof according to relevant laws.
The parties need not prove the following facts:
(1) One party clearly acknowledges the facts of the case and the claim made by the other party;
(2) well-known facts and natural laws and theorems;
(3) Other facts that can be inferred according to laws or known facts;
(4) The facts ascertained by the legally effective judgment of the people's court;
(5) Facts proved by valid notarial documents.
Legal basis:
Measures for the administration of lawyers' service fees
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.