With the development of society, people's legal awareness is enhanced. When their rights and interests are infringed, more and more people choose litigation to protect their rights. We know that a lawsuit in a case needs to pay a certain fee, and many people will entrust lawyers to represent them during the lawsuit, and lawyers also need to pay lawyer's fees. Does the legal fee include legal fees? Let me give you a detailed introduction.
1. Does the legal fee include the legal fee?
1. Legal fees do not include attorney fees.
2. According to the provisions of Article 6 of the Measures for Payment of Litigation Fees, litigation fees include fees for accepting cases, application fees, transportation, accommodation, living expenses and lost time allowance incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date specified by the court. Obviously, legal fees do not include legal fees.
3. At the same time, the legal fees are charged by the court, while the lawyer's fees are charged by the lawyer (firm), so the legal fees cannot include the lawyer's fees.
4. The legal fees shall be borne by the losing party, but the attorney fees shall generally be borne by the entrusting party, except as provided by law or agreed in the contract. At present, there are some laws in our country that one party's lawyer fees shall be borne by the other party.
Second, the standard of legal fees.
(a) property cases, according to the amount or price of litigation, according to the following proportion:
1, each item less than 10000 yuan shall be delivered to 50 yuan.
2, more than 10000 yuan to 10000 yuan, according to 2.5%-200 n times to pay.
3. From RMB 6.5438+10,000 yuan to RMB 200,000 yuan, N times 2.0% 300 will be paid according to 2.0%.
4. For the part exceeding 200,000 yuan to 500,000 yuan, N times 1300 shall be paid according to 1.5%.
5. For the part exceeding 500,000 yuan to 6,543.8+0,000 yuan, N times 654.38+0.0% 3800 shall be paid according to 654.38+0.0%.
6, more than 6.5438 million yuan to 2 million yuan, according to 0.9% pay n times 0.9% 4800.
7, more than 2 million yuan to 5 million yuan, according to 0.8% to pay N times 0.8% of 6800.
8. The part exceeding 5 million yuan to 6,543.8+million yuan shall be paid at 0.7% n times of 654.38+065.438+0800.
9. The part exceeding100000 yuan to 20 million yuan shall be paid at 0.6% n times 2 1800.
10, for the part exceeding 20 million yuan, 3 1800 shall be paid as 0.5% n times.
(2) the cost of non-property cases:
1. Divorce cases are charged on a case-by-case basis, and the total amount of property does not exceed 200,000,50-300 yuan.
2, divorce cases of more than 200 thousand yuan is 0.5%
3. The case of personality right is charged on a case-by-case basis, and the compensation amount 100-500 yuan does not exceed 50,000 yuan.
4. In the case of personality right, the compensation amount exceeding 50,000 yuan is 0.0% of 65,438+65,438+10,000 yuan.
5. In the case of personality right, the compensation amount exceeds 0.5% of 654.38+10,000 yuan.
6. Other non-property cases cost 50- 100 yuan each.
(3) Costs of other types of cases:
1, intellectual property case, the undisputed amount or price is 500- 1000 yuan.
2. The disputed amount or price shall be paid according to the property situation.
3. Labor dispute case 10 yuan.
4. Administrative cases: trademark, patent, maritime affairs 100 yuan.
5. Other administrative cases 50 yuan
6. Payment order 1/3 applied for property case has been paid.
7. Application publicity 100 yuan.
8. If the defendant files a counterclaim, the right claimed by a third party with independent claim right shall be paid by half.
Implementation of case charging standard:
1, 50-500 No execution amount or share.
2. 50 yuan whose execution amount or price does not exceed 6.5438+0 million yuan.
3. 1 10,000 yuan to 500,000 yuan is 1.5%.
4. 65,438+0% for the part exceeding 500,000 yuan to 5 million yuan.
5, more than 5 million yuan to 6.5438+0.5% million yuan.
6. The part exceeding100000 yuan is 0. 1%.
(4) Costs of litigation preservation cases:
1. If the amount or price of the preserved property is less than 1000 yuan, 30 yuan will be paid 30 points for each piece.
2, more than 1000 yuan to 65438+ 1000 million yuan, according to 1% n times pay 1% 20.
3, more than 654.38+ ten thousand yuan, according to 0.5% pay n times 0.5% 520.
The maximum amount is 5000 yuan.
1. The maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan;
2. In intellectual property civil cases, if there is no disputed amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases;
3. Payment for each labor dispute case 10 yuan;
4 administrative cases shall be paid according to the following standards;
5, trademark, patent, maritime administrative cases each pay 100 yuan;
6, other administrative cases each pay 50 yuan;
7. If the parties object to the jurisdiction of the case, and the objection is not established, they shall pay 50 yuan to 100 yuan for each piece.
(5) The application fee for maritime cases shall be paid according to the following standards:
1. For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid 1000 yuan to 10000 yuan;
2, apply for a maritime injunction, each pay 1000 yuan to 5000 yuan;
3. Pay 1000 yuan to 5,000 yuan per application for maritime lien reminder;
4. Pay 1000 yuan for each application for maritime claim registration;
5. Apply for general average adjustment, and pay 1 1,000 yuan per piece.
In fact, attorney's fees are not included in the litigation fees. Lawyer's fee is the fee paid to the law firm by the client who entrusts a lawyer to represent the lawsuit, and is supported by the client. However, the legal fees are generally paid by the losing party. Legal fees are charged according to specific circumstances or according to the amount of property involved in the case. That's all I made up.