The method and amount of service fees collected by lawyers vary according to different types of cases and different subject amounts. They are generally divided into fee per case, fee based on subject amount and time payment. For criminal cases, Agents also charge by stages.
Charging standards for first-instance cases
Calculation ratio of the subject of dispute (calculation base)
1. 8-10% for the subject of dispute below 100,000 yuan, the lowest is average Not less than 5,000 yuan;
2. 6-7% of the portion where the subject of dispute is more than 100,000 yuan but less than 1 million yuan;
3. The subject of dispute is more than 1 million yuan But part 5 is less than 5 million yuan;
4. The subject of the dispute is more than 5 million yuan but less than 10 million yuan. Part 3;
5. The subject of the dispute is more than 10 million yuan But for the part below 50 million yuan 1;
6. For the part with the subject of dispute above 50 million yuan 0.5.
Second instance, second instance, and retrial case fee standards
Second instance case fees If you have not represented the first instance case, the second instance case agency fee will generally be charged according to the first instance standard. If you have represented the first instance case, the fee will generally be charged according to Half of the first-instance case fee will be charged; retrial case fees will be charged according to the first-instance fee standard if the client has not acted in the second-instance case. If the client has acted in the second-instance case, half of the second-instance case fee will be charged.
3. Fees for Arbitration and Enforcement Cases
Arbitration cases (commercial arbitration, non-labor arbitration) are generally charged at 1.5 times the first-instance fee; for enforcement cases, if represented If the case passes the original trial, half of the agency fee will be charged. If there is no agency, please refer to the first-instance agency fee standard.
IV. Other charging items
1. Prepare, review, and modify legal documents (agreements, contracts, etc.) on your behalf, based on the nature, difficulty, and work requirements of the legal documents Due to factors such as time consumption, each document is charged between 1,000 and 5,000 yuan;
2. Lawyer witness business: witnessing wills, witnessing the signing of agreements and contracts, etc., is charged at 2,000-10,000 yuan per document;
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3. Lawyer’s agency certification service, depending on the matters handled, charges 1,500-3,000 yuan per case;
4. Lawyer’s letter and legal opinion: issue a lawyer’s letter or legal opinion for the client For legal opinions, fees are negotiated based on factors such as the difficulty of the relevant matter, purpose of use, time required for the work, etc. Each fee is generally 1,500-20,000 yuan;
5. Other lawyer investigation, mediation and other cases , charges will be negotiated based on actual circumstances.
The relevant regulations clearly stipulate that the losing party shall bear the attorney's fees
1. In contract dispute cases, the creditor exercises the right of revocation. Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)": "Article 26: Lawyer fees, travel expenses and other necessary expenses paid by the creditor when exercising the right of revocation , shall be borne by the debtor; if the third party is at fault, it shall be borne appropriately. ”
2. Copyright civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes": "Article 26 Reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include rights The people's court may calculate the reasonable expenses of a person or an agent to investigate and collect evidence for infringements in accordance with the litigation claims of the parties and the specific circumstances of the case."
3. Trademark civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": "Article 17 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the right holder Or the reasonable expenses of entrusting an agent to investigate and collect evidence on infringements. The People's Court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney's fees that comply with the provisions of relevant national departments into the scope of compensation.
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To sum up, the above is the editor’s answer to the lawyer’s charging ratio based on the target amount. I hope it can help you.
Legal basis
"Measures for the Administration of Lawyer Fees"
Article 3: Lawyer service fees shall follow the principles of openness and fairness, voluntary payment, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, and Reduce service costs and provide clients with convenient and high-quality legal services
Article 4 Lawyer service fees shall be subject to government-guided prices and market-regulated prices