1. What is the charging standard for civil litigation lawyers?
The charging standards for civil litigation lawyers are as follows: (1) Acting as an agent in civil litigation and arbitration cases: if property relations are not involved, the charging standard is RMB/piece.
Involving property rights, according to the following standards, the differential progressive system is used to calculate the proportion of fees:
(1) 5% of the amount below RMB 65438+ 10,000 (including RMB 65438+10,000), and each item less than RMB shall be charged in RMB;
(2) 4% of the portion from 6,543,800 yuan to 500,000 yuan (including 500,000 yuan) is 1 10,000 yuan to 6,543,800 yuan (including 6,543,800 yuan);
(4) 6,543,800 yuan to 5 million yuan (including 5 million yuan) is 3%;
(5) 5 million yuan to 1 ten thousand yuan (inclusive) is 2%;
(6) RMB 1 ten thousand yuan to 1 ten thousand yuan (inclusive) is RMB 1 ten thousand yuan to 1 ten thousand yuan (inclusive) is1%;
(8) For the part exceeding 1 10,000 yuan, the above two charging standards are the charging standards for the first-instance stage of civil litigation cases.
Quasi. If you represent the second instance, remand for retrial or retrial alone, or if you represent the arbitration case or refuse to execute or cancel the arbitration award, you can refer to the above-mentioned charging standards for the first instance. If the same law firm represents the same case at different stages again, it can give preferential treatment. If you represent counterclaims and counterclaims at the same time, counterclaims and counterclaims can be charged according to the standards of first instance of civil cases.
Foreign-related cases: the charging standards for foreign-related cases (including those involving Hong Kong, Macao and Taiwan) can be implemented with reference to the charging standards for civil cases in the first instance. Involving foreign language legal services, according to 65438+ 0 to 5 times the above standard. With the consent of the client, the law firm may also consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to determine the amount of fees.
For major, difficult, complex and remote civil litigation and arbitration cases, the first-instance charging standard for civil litigation cases can be increased by 1 to 5 times.
The following cases are major, difficult and complicated civil litigation and arbitration cases:
(1) Intermediate and above people's courts accept cases of first instance;
(2) * * * Cases involving three or more parties;
(3) intellectual property disputes, unfair competition disputes, goodwill disputes, reputation disputes and other cases;
(4) Cases with difficulty in obtaining evidence;
(5) New types of cases;
(6) Cases involving more than two legal relationships;
(seven) cases involving professional knowledge and requiring the assistance of non-legal professionals;
(eight) other civil litigation and arbitration cases that the law firm and the client have reached an agreement through consultation, and both parties think are significant, difficult and complicated.
In civil litigation and arbitration cases, the risk agency fee may be executed, except in cases where the state stipulates that it is not allowed to charge the risk agency fee. The risk agency fee is determined through consultation according to the amount of the subject matter in dispute, the difficulty of achieving the agency goal, the litigation stage covered by the agency work and other factors. If property relations are involved, it is suggested that it should not be higher than 30% of the total amount of the disputed object.
Case execution: According to the amount of the execution target, fees can be charged according to the standard of the first instance stage or risk agency fees can be charged according to the case situation. Acting as an agent for civil appeal cases can refer to the charging standard of the first instance stage of acting as an agent for civil litigation cases, and can also implement risk agency charging.
Lawyers' agency fees vary from place to place, and the specific fees of different lawyers are also different. Click on the local lawyer fee inquiry system below to submit information and quickly understand the local lawyer fee standards!
Second, which cases can be borne by the other party after winning the case?
In the case that the law and judicial interpretation stipulate that the losing party can bear the lawyer's fee:
1. In case of contract dispute, the creditor exercises the right of cancellation.
Necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately.
2. Copyright civil dispute cases
Article 48 of the Copyright Law stipulates that if copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. According to the provisions of Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, the reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
3. Trademark civil dispute cases
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 63 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
4. Patent dispute cases
Article 16 of "Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes": If the obligee claims to have paid a reasonable fee to stop the infringement, the people's court may calculate the compensation amount in addition to the compensation amount determined in Article 65 of the Patent Law.
To sum up, different levels of economic development in different regions and the complexity of some civil litigation cases will lead to different attorney fees, and the difference will not be too great. In most ordinary civil litigation cases that do not involve property, the lawyer's fees range from 5000 to 30000. , and for cases involving property, it is charged according to a certain proportion.