1. Are the lawyers' fees charged separately for the first trial and the second trial?
Yes, the lawyer's fees for the first trial and the second trial are charged separately.
Fees for lawyers of second instance:
Please negotiate with the lawyer to determine the specific amount of fees.
The specific criteria are as follows:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2. In the trial and prosecution stage, the charge for each piece is 2000- 10000 yuan.
3, the preliminary stage, each charge 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal self-knowledge, lawyers' service fees shall be charged according to the charging standards in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
Second, does the second-instance lawyer play a big role?
It is conducive to the defense of lawyers in second instance.
In addition to better sorting out the case for the parties, there is also experience and adaptability in handling cases that the general defender does not have.
The following are the advantages of hiring a second-instance lawyer to defend.
1, lawyers are proficient in laws and regulations, including substantive law and procedural law, and have the ability to investigate cases. Not only that, lawyers have developed the habit of thinking from a legal point of view, and can properly link the specific cases in front of them with legal norms, put forward some objective and convincing claims through legal reasoning, and prompt them to the court in time.
2. On the basis of his knowledge of laws and regulations and legal reasoning ability, lawyers can also organize arguments and evidence materials that are beneficial to clients according to specific cases, and argue in a logical and complete way, which is not necessarily directly related to the beliefs or likes and dislikes held by lawyers.
3, lawyers are familiar with legal practice, especially about the actual affairs of litigation.
To become an excellent lawyer, it is often after handling a large number of cases repeatedly that you gradually master various procedural skills. This is not only a question of knowledge, but also experience and skills.
This is obviously not available to the parties.
4. Judging from the connection with the case or dispute itself, the parties themselves are direct stakeholders, and often they can only treat the lawsuit from their own subjective standpoint, while lawyers can keep a certain distance and grasp the situation objectively and calmly because the case belongs to others in essence.
5. Lawyers of second instance, as professionals, are subject to the special ethical norms of professional groups.
Although he and the judge are both engaged in the legal profession, lawyers are not affiliated with the judiciary after all, but participate in the proceedings in an independent capacity.
To sum up, the lawyer's fee is determined by the lawyer and the parties to the case through consultation. The negotiated amount can be the same as that of the first instance and the second instance, or it can be collected separately from the first instance and the second instance, with legal support. Only by paying the lawyer's fees according to the regulations can we better safeguard our rights and interests.