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Shanghai Lawyer Civil Litigation Fees

Generally speaking, the charging standards for civil litigation lawyer fees are: one is to represent civil litigation or arbitration cases that do not involve property, usually around 5,000 to 30,000 per case, and the other is to represent property. The charges are calculated based on a certain proportion. However, the economic development of each region is different, the complexity of the cases is also different, and there may be some differences in lawyer fees. For more information about Shanghai’s civil litigation lawyer fee charging standards, the editor below will answer your questions.

1. Shanghai civil litigation lawyer fee charging standards The civil litigation lawyer fee charging standards are: (1) Acting for civil litigation and arbitration cases: if there is no property relationship involved, the charging standard is yuan/case. If a property relationship is involved, the fee ratio shall be calculated using a differential progressive system according to no less than the following standards: (1) 5 for the part below 100,000 yuan (including 100,000 yuan), and each item with less than 100,000 yuan will be charged in yuan; (2) The portion from 100,000 yuan to 500,000 yuan (including 500,000 yuan) is 4 for the portion from 10,000 yuan to 1 million yuan (including 1 million yuan); (4) The portion from 1 million yuan to 5 million yuan (including 5 million yuan) is 3 ; (5) The part from 5 million yuan to 10,000 yuan (including 10,000 yuan) is 2; (6) The part from 10,000 yuan to 10,000 yuan (including 10,000 yuan) is 1 for the part from 10,000 yuan to 10,000 yuan (including 10,000 yuan); (8) ) and above 10,000 yuan, the above two fee standards are the fee standards for the first instance of civil litigation cases. Those who solely represent cases of second instance, remand for retrial, retrial, arbitration cases, or cases of non-execution or revocation of arbitral awards may be charged according to the above-mentioned fee standards for the first instance stage. If the same law firm represents the same case again at different stages of trial, it may be given a preferential treatment. If the client also represents counterclaims and counterclaims, the fees for the counterclaims and counterclaims can be based on the subject amount and refer to the charging standards for the first instance of civil litigation cases. Foreign-related cases: The charging standards for foreign-related cases (including those involving Hong Kong, Macao, and Taiwan) can be charged based on the charging standards at the first instance stage of civil litigation cases. If legal services in foreign languages ??are involved, charges can be 1 to 5 times the above standards. With the client's consent, the law firm may also negotiate with the client to determine the amount of fees by referring to the charging standards for similar legal matters handled by representative offices of foreign or Hong Kong, Macao and Taiwan law firms in my country. For major, difficult, complex, and remote civil litigation and arbitration cases, the fees for the first instance of civil litigation cases can be increased by 1 to 5 times. The following cases are major, difficult, and complex civil litigation and arbitration cases: (1) Cases of first instance accepted by the intermediate people's courts and above; (2) Co-op cases involving 3 or more parties; ( 3) Intellectual property disputes, unfair competition disputes, goodwill cases, reputation disputes and other cases; (4) Cases with difficulty in obtaining evidence; (5) New types of cases; (6) Cases involving two or more legal relationships; ( 7) Cases involving professional knowledge that require the assistance of personnel with non-legal professional knowledge; (8) Other civil litigation cases that, after consultation between the law firm and the client, are deemed by both parties to be major, difficult, and complex civil litigation and arbitration cases , arbitration cases, except for cases where contingency agency fees are not allowed to be implemented according to state regulations, contingency agency fees can be implemented. The contingency agency fee is negotiated and determined based on the amount of the subject matter in dispute, the difficulty of achieving the agency goal, the litigation stages covered by the agency work, etc. If a property relationship is involved, it is recommended that it be no more than 30% of the total subject matter in dispute. Enforcement cases: Depending on the amount of the execution subject matter, charges may be based on the first-instance standard or contingency agency charges may be implemented based on the circumstances of the case. When representing civil appeal cases, you can refer to the first-instance charging standards for representing civil litigation cases, or you can implement contingency agency fees.

2. In which cases the legal fees can be borne by the other party after winning the case. Laws and judicial interpretations provide that the losing party can bear the legal fees: 1. In contract dispute cases, the creditor exercises the right of revocation. The creditor exercises the right of revocation. Necessary expenses such as attorney fees and travel expenses paid by the debtor shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared.

2. Copyright civil dispute cases Article 48 of the Copyright Law stipulates: If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may compensate according to the illegal income of the infringer. Give compensation. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. According to Article 26 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes", the reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include the right holder or the entrusted party The agent’s reasonable expenses for investigating and collecting evidence of infringement. The People's Court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation. 3. Trademark Civil Dispute Cases "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" Article 17: Reasonable expenses paid to stop infringement as stipulated in Article 63, Paragraph 1 of the Trademark Law, including rights The reasonable expenses incurred by the person or the entrusted agent to investigate and collect evidence on the infringement. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. 4. Patent Dispute Cases Article 16 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases": If the right holder claims that it has paid reasonable expenses to stop the infringement, the People's Court may, in Article 65 of the Patent Law, shall be calculated separately from the determined amount of compensation. To sum up, the different levels of economic development in various regions and the different complexity of some civil litigation cases will lead to different lawyer fees. The difference is not much and not very big. Most ordinary civil cases that do not involve property For litigation cases, lawyer fees range from RMB 5,000 to RMB 30,000 per case. For cases involving property, the fees are charged according to a certain percentage.

3. What to do if you encounter a dispute that needs to be handled. Suggestion: Consult or entrust a lawyer to handle it. Lawyers can: 1. Accept entrustment from natural persons, legal persons or other organizations to serve as legal advisors. 2. Accept the entrustment of parties in civil cases and administrative cases, act as an agent, and participate in litigation. 3. Accept the entrustment of criminal suspects and defendants or accept the assignment of legal aid institutions in accordance with the law to serve as defenders; accept the entrustment of private prosecutors in private prosecution cases, victims of public prosecution cases or their close relatives, act as agents, and participate in litigation. 4. Accept entrustment and act as an agent for appeals in various litigation cases; accept entrustment and participate in mediation and arbitration activities. 5. Accept entrustment and provide non-litigation legal services; answer legal inquiries and write litigation documents and other documents related to legal affairs. Warm reminder: In actual legal problem scenarios, case details vary. In order to accurately and quickly solve your problem and protect your legitimate rights and interests, it is recommended that you click the Consult Now button below to explain the details to a professional lawyer and solve your actual problem one-on-one. question.