Generally speaking, lawyers charge by the hour, by the piece and by the subject. Lawyers in different regions and at different levels charge different fees. The amount of service fees charged by lawyers is not mandatory by the state. In some areas, there may be guidance on lawyers' fees issued by lawyers' associations and judicial bureaus, but generally only the minimum fees are stipulated. Lawyer service fees are mainly regulated by the market.
Lawyer fees are mainly divided into the following three situations:
Time cost
The charging standard is generally 200-500/ hour.
Charge by piece
Generally, cases without property disputes are charged on a piece-by-piece basis, and the fees are generally 5000-20000 according to different cases.
Charge according to the bid amount
If there is a property dispute in the case, the lawyer's fee will be charged in proportion to the subject matter of the lawsuit.
1. 8% of the disputed object 100,000 yuan-10%, and the minimum is generally not less than 5,000 yuan;
2.6%-7% of the disputed objects are more than 654.38+10,000 yuan but less than 1 10,000 yuan;
3.5% of the disputed objects are more than 6,543,800 yuan and less than 5 million yuan;
4.3% of the disputed objects are more than 5 million yuan but less than 6.5438+million yuan;
5. 1% The disputed object is more than100000 yuan but less than 50 million yuan;
6. 0.5% of the disputed object is more than 50 million yuan.
Second, can the defendant pay the lawyer's fee?
Usually, the lawyer's fee is borne by the party who hires a lawyer, because the court does not think that the lawyer's fee is a necessary expense for litigation. However, in some special circumstances, the losing party may also claim to bear "reasonable" legal costs (note: not all costs), including:
(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 the creditor exercises the right of cancellation in contract disputes;
(8) Litigation cases of security rights;
(9) Arbitration cases.
When signing the contract, both parties clearly agreed that the lawyer's fee should be borne by the losing party, and the lawsuit request about lawyer's fee will generally be supported by the court.
Third, whether it is necessary to hire a lawyer in litigation and the benefits of hiring a lawyer.
If you disagree with the other party on the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a great impact on you, you should still invite a lawyer to participate in the whole process. In civil disputes, lawyers can usually do two things for you:
(1) Run errands to handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with clerks and presiding judges, mediating, appearing in court, etc.
(2) Help you answer questions, reduce the risk of losing and improve the probability of winning. For example, you can ask a lawyer to analyze and suggest what you can say, what you can do, what you can't say, and whether you want to preserve notarization in advance. A lawyer can help you write a list of evidence of the complaint and defense, argue with the other party in court, state your views to the judge, and then negotiate and mediate with the other party.
In a word, the role of a serious lawyer is to save time and energy, improve efficiency and protect legitimate rights and interests to the maximum extent.