First, how to hire a lawyer in a lawsuit
(1) conducting qualification examination. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
(2) Understand the organization. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
(3) Pay carefully. Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He doesn't feel bad at all. In particular, the lawyer's proposal to invite the case-handler to dinner and find someone to dredge the relationship is even more expensive, and often all the money is spent. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected.
Second, who will pay the lawyer's fee?
The lawyer's fee for litigation (lawsuit) is generally borne by the employer, and the losing party does not bear the lawyer's agency fee paid by the other party. Except in the following cases:
(1) Laws and judicial interpretations clearly stipulate that the losing party shall bear the reasonable attorney fees of the winning party;
1, personal injury compensation, reputation infringement, traffic accident cases:
2. Legal aid cases;
3. Cases of copyright infringement;
4. Trademark infringement cases;
5. Patent infringement cases;
6 cases against unfair competition;
7. Cases in which creditors exercise their right of cancellation in contract disputes;
8. Litigation cases of security rights;
9. Arbitration cases.
(2) Both parties clearly agreed in the contract that the lawyer's fees shall be borne by the losing party.
There are also corresponding cases in judicial practice, such as: 1997, the third issue of the Supreme Court Bulletin published "Twentieth Century Fox Company v. Beijing Culture and Art Publishing House Audio-visual World Copyright Infringement Dispute Case". The judgment of the case clearly stated: "When the plaintiff seeks judicial relief to safeguard his legitimate rights and interests, the reasonable expenses of RMB (including the lawyer's fees of RMB) should also be borne by the defendant." ; 1998 The case of "Nanjing Electric Power Automation General Factory v. Nanjing Yin Tian Electric Power Equipment Factory" was published in the second issue of the Bulletin of the Supreme Court. The judgment in this case clearly supports that the plaintiff's attorney fee of 9 106 yuan shall be borne by the defendant.
Third, how much is the lawyer's lawsuit?
There are differences in different regions, which are roughly as follows: cases without property disputes: ordinary civil, economic and administrative cases that do not involve property are charged between 6000- 100000 yuan through negotiation according to the nature, complexity and time required for work; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan. Lawyer's agency can be divided into the following categories: the first category: general agency. Acting for clients in accordance with lawyers' professional ethics and safeguarding the rights of clients. Generally 3-5% of the subject matter of the dispute. If the goal is high, it can also be lower than this ratio. The second type: risk agency. Paying the agency fee according to the percentage of the winning amount or the amount won, or paying the agency fee according to the percentage of the reduced payment, is of course higher than the general agent. The third type: semi-risk agent. Given a certain basic cost, the rest is calculated according to the risk agent, which is of course between the proportion of general agent and risk agent.
The above is a detailed introduction about how to hire a lawyer in a lawsuit. When the parties hire a lawyer again, they should find a professional law firm to provide services. For lawyers, they also need to know their qualifications and professional fields. If they think it is appropriate, they can negotiate with their lawyers and sign a written agency contract. If you have any legal questions, it is recommended to consult a professional lawyer.