(1) If the property relationship is not involved, the basic fee for each litigation stage is 3,-2, yuan, which can be reasonably increased.
(2) If the property relationship is involved, the fees shall be accumulated in proportion according to the disputed amount:
1. The fees for the part below 1, yuan (excluding 1, yuan) are 3, yuan to 1, yuan;
2. The portion from RMB 1, to RMB 5, (excluding RMB 5,) is 6%-8%;
3. 4%-6% for the portion from 5, yuan to 5 million yuan (excluding 5 million yuan);
4. 2%-4% for the portion from 5 million yuan to 2 million yuan (excluding 2 million yuan);
5. The portion from 2 million yuan to 1 million yuan (excluding 1 million yuan) is 1%-2%;
1%-.5% for the portion above RMB 6 million and RMB 1 million (including RMB 1 million). If the case is complicated or has a significant impact, fees can be negotiated above the above ratio.
second, can you ask the defendant to pay the lawyer's fee?
Generally speaking, the lawyer entrusted by the plaintiff will bear the lawyer's fee, and the lawyer entrusted by the plaintiff will be paid by the defendant. However, in some cases, for example, if the parties to the contract have agreed on the subject of attorney fees in the contract, or in some intellectual property cases such as trademark rights and patents, if the plaintiff asks the defendant to bear the attorney fees incurred by investigating and stopping the infringement in the complaint, the court may decide that the attorney fees shall be borne by the losing party. Now that the court has made a judgment, if the judgment involves the bearing of attorney fees, it will be executed according to the judgment, otherwise the entrusting party will bear their respective attorney fees.
in judicial practice, the people's court basically does not support the request that the lawyer's fees should be borne by the defendant, unless some special cases or parties have an agreement on the lawyer's fees in advance. The main reason why the court does not support this request is that the parties can participate in all litigation activities in their own names.
III. What are the influencing factors of lawyer's fees
The following main factors should be considered when a law firm negotiates lawyer's service fees with clients:
(1) Working time spent;
(2) the difficulty of legal affairs;
(3) the client's affordability;
(4) risks and responsibilities that lawyers may bear;
(5) the social reputation and working level of lawyers.
according to different service contents, the lawyer's service fees can be charged by piece, in proportion to the bid amount and by time.
Generally, the lawyer's fees are calculated according to the type of the case and the litigation stage, and the litigation fees should be calculated separately in the new litigation stage. Generally, whoever entrusts a lawyer will pay the litigation fees.
in our daily life, if there is a dispute about civil rights and interests, the law of our country does not force the parties to be represented by a lawyer, so the parties can choose to hire a lawyer or not according to their own situation, so there is no necessary causal relationship between the lawyer fees generated in the litigation and the defendant's breach of contract or infringement.
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