Is the lawyer's fee paid in one lump sum?
when lawyers represent clients, they need to charge a certain amount of agency fees, and there are clear regulations on the standards for charging lawyer fees, but there are certain differences according to different places and the complexity of cases. So, is the lawyer's fee paid in one lump sum? Let's take a look at it together. First, is the lawyer's fee paid in one lump sum? There are both phased and one-time charges, and the parties can communicate with the lawyer to determine. According to different service contents, lawyers' service fees can be charged by piece, by the proportion of the amount of the bid and by the time. Piece rate is generally applicable to legal affairs that do not involve property relations; Charge according to the proportion of the bid amount is applicable to legal affairs involving property relations; Time charge can be applied to all legal affairs. When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract. The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc. After signing a contract with the client, the law firm shall not unilaterally change the charging items or increase the charging amount. If it is really necessary to change, the law firm must obtain the written consent of the client in advance. Second, what are the precautions when entrusting a lawyer? 1. Examining the lawyer's practice qualification When hiring a lawyer, we must first examine the lawyer's practice qualification. A lawyer shall hold a Lawyer's Practice Certificate issued by the provincial judicial department (bureau) and have the annual examination record of that year. The law firm where the lawyer is located should also have the practice license issued by the judicial departments (bureaus) at all levels and have the annual examination records of that year. Those without a license or a certificate but without the annual examination records of that year are not allowed to practice in the name of lawyers. 2. Verify the lawyer and the law firm. For the parties facing labor disputes, the lawyer's practice skills and professionalism are extremely important. With the economic development and social progress, the specialization of lawyers is becoming more and more detailed. If there is a labor dispute, the parties can first determine the lawyer who chooses the relevant legal service direction, and then conduct targeted negotiation. Behind every lawyer, there is a law firm. A law firm with standardized management and strict requirements will have sufficient backup protection for the client's case. 3. Commitment to win the case Every responsible lawyer will not guarantee his client that the case will win absolutely. The parties concerned should give careful consideration to lawyers who guarantee 1% success in the case. Every responsible lawyer will carefully, honestly and objectively inform the client of the possible legal risks in the matters to be entrusted. Lawyers who only analyze favorable factors and ignore unfavorable factors should be carefully considered by the parties concerned. 4. Signing of Entrustment Contract After negotiation, if the parties and the law firm agree to go through the employment formalities, the law firm will sign an entrustment contract with the client. The contract defines the rights and obligations of both parties, and is signed and sealed by the law firm and the client in triplicate, one of which is entered into the file by the lawyer in charge, one of which is kept in the law firm and the other is handed over to the parties. 5. Collection of lawyer fees It is normal for each law firm and practicing lawyer to have differences in specific charging standards. One thing is clear: in handling cases involving property relations, the judicial department prohibits lawyers from agreeing on risk charges with the parties in dispute cases that require social insurance benefits or minimum living security benefits, pensions, relief funds and compensation for work-related injuries. The client pays the lawyer's fee agreed in the entrustment contract to the law firm, and the law firm shall issue a formal receipt bill to the parties. Third, who will bear the lawyer's fee? The lawyer's fee is generally borne by the party who hired the lawyer, and it can also be borne by the losing party under certain legal circumstances, such as copyright, patent right, trademark right and other intellectual property disputes. For the specific amount of attorney fees, the judge will support it according to the nature of the case based on his discretion. The above is the related content about whether the lawyer's fee is paid in one lump sum. The lawyer's fee can be paid in one lump sum or in stages. This payment method is not stipulated by law. The entrusting party can negotiate with the lawyer to decide. The lawyer should show the receipt certificate when charging. If you have any legal questions, it is recommended to consult a professional lawyer.