There is no clear standard for lawyer's fees, which are determined by both parties through consultation according to the work content, working hours, professional quality and economic situation. Lawyers in Beijing charge higher fees, but the differences between lawyers are not small. Some lawyers charge two or three thousand yuan for a divorce case in the first instance, and some can reach one or two thousand yuan or more. If the amount of property disputes in the case is not large, the current median price of marriage litigation in Beijing is generally around five or six thousand yuan. As for asking a well-known lawyer or a lawyer with high professional level to represent him, it may cost more than 20 thousand yuan. At present, there are two ways for law firms to charge fees: one is to start with a certain amount, and then add a certain fee according to the situation that the disputed property exceeds a certain amount. For example, the lawyer's fee standard is 5000 yuan, which means that no matter how small the amount of dispute in the case is, or whether the same property is disputed or not, the starting fee is 5000 yuan; If the disputed property exceeds 500,000 yuan, the excess will be collected according to a certain proportion, such as 1% or 2%. A law firm is excessively progressive according to the unequal amount of disputes. In short, the more property a husband and wife have, the higher the lawyer's fee may be. Second, some risk agents. In order to stimulate the enthusiasm of lawyers, when the two parties reach an agreement through consultation, the parties generally pay a certain amount of start-up fee (for example, about 5,000 yuan) first, and then withdraw a certain percentage (generally 10-20%) from the property after the execution. This charging method is generally applicable to cases where the focus of dispute is the division of property. The difficulty of this kind of cases lies in the evidence collection or execution of the same property, which requires lawyers to do a lot of investigation and evidence collection, application for execution and so on. Restricted by relevant laws, lawyers are not allowed to charge fees at will, otherwise, once reported, those who violate relevant laws will be punished accordingly. The purpose of hiring a lawyer is that citizens do not understand relevant legal knowledge and need to hand it over to a lawyer to handle litigation matters.
Legal objectivity:
Divorce refers to the legal act that both husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation. According to the provisions of China's marriage law, if the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Husband and wife's "emotional breakdown" is the legal condition for judging divorce. The legal condition of divorce "the relationship has indeed broken down" is a substantive provision, and it is the legal condition for granting divorce and not granting divorce. "Invalid mediation" is a procedural provision and cannot be used as a legal condition for judging divorce. In the trial of divorce cases, mediation should be conducted. Many cases of mediation failure have indeed been solved. In this sense, "ineffective mediation" is a reflection of "emotional breakdown". There are some divorce cases, although mediation is ineffective, but it is not that "the relationship between husband and wife has indeed broken down." In mediation, there are often differences between efforts and ineffectiveness, depth and lack of depth, which directly affect the mediation effect. Years of civil trial practice show that the meanings of "mediation is invalid" and "feelings have indeed broken" are not exactly the same, and "mediation is invalid" does not mean "feelings have indeed broken". Therefore, in trial practice, "mediation is invalid" should not be taken as the basis for determining that "feelings have indeed broken" and "feelings have indeed broken" should not be completely equated with "mediation is invalid". Don't simply take "invalid mediation" as a sign that "feelings have indeed broken down", let alone take "invalid mediation" as a legal condition for judging divorce. The legal condition for judging divorce is only that "the relationship has indeed broken down." According to the marriage law, divorce can be divided into agreement divorce, litigation divorce, foreign-related divorce and registered divorce. If the husband and wife can't reach an agreement on divorce, one party will sue for divorce in court. In addition to the court's case acceptance fee, the fees that may be involved include lawyer's agency fee, property preservation fee, property evaluation fee and execution application fee. The specific charging standard is: the court case acceptance fee will be implemented from April 2007 1. According to the State Council's "Measures for Payment of Legal Fees", the court's acceptance fee for accepting divorce cases is from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%. To this end, when filing a case, experienced lawyers often try their best to help the parties pay less acceptance fees. When preparing the indictment, the object of dispute should be controlled within 200 thousand yuan, and at the same time, the indictment can be prevented from being at a disadvantage in the litigation request at the trial. In Beijing, the court collects the acceptance fee for divorce cases, and generally accepts 75 yuan first according to the standard of summary procedure when filing a case. After the case is heard in court, it is necessary to pay the case acceptance fee according to the property subject matter. The National Development and Reform Commission and the Ministry of Justice promulgated the Measures for the Administration of Lawyers' Service Fees on April 19, 2006, which came into effect on February 1 2006. The "Measures" stipulate that law firms provide legal services according to law and implement government-guided prices. Law firms should consider the following main factors when negotiating the fees for lawyer services with clients: (1) working hours spent; (two) the difficulty of legal affairs; (3) the client's affordability; (4) Risks and responsibilities that lawyers may bear; (5) The lawyer's social reputation and working level. For this reason, lawyers in different places charge different fees. The basic expenses of lawyers in economically developed areas such as Beijing, Shanghai, Guangzhou and Shenzhen are generally around 5,000 yuan. In addition, a fee of 1%-5% is charged according to the specific case, the lawyer's workload, the lawyer's own social reputation and work level, and the size of the property subject matter. However, it should be noted that lawyers are not allowed to act as risk agents in marriage and inheritance cases. Property preservation fee In divorce cases, in order to prevent one party from transferring property after the judgment takes effect, resulting in inconvenience in execution, lawyers generally advise the parties to apply to the court for property preservation. The standards for the people's court to collect property preservation fees are: if the amount of property does not exceed 1000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan. Of course, it is also skillful to take property preservation measures. In order to prevent the other party from transferring the property after learning of the prosecution, it is best to apply for court property preservation before the prosecution, and apply for preservation at the same time as filing the case at the latest. For property preservation, the court will ask for property guarantee with corresponding value later. Moreover, the property provided for guarantee cannot be the same property of husband and wife. For example, a property purchased in the name of one party after marriage cannot be used as security property. To this end, in some cities with developed guarantee industries, the court will also allow guarantee companies to provide guarantees. Of course, there is a charge for entrusting a guarantee company to provide guarantee. The charging standard is generally about 1% of the guaranteed amount. Property evaluation fee In divorce proceedings, if the husband and wife who need to be divided can't reach an agreement on the value of the property and the two sides can't evaluate the property by bidding, the court will ask the plaintiff to apply for evaluation. The selection of evaluation institutions is not randomly selected by the parties in the market, but must be selected from the evaluation institutions recognized by the court in advance. The charging standards of asset appraisal institutions also vary from place to place.