1. How to charge for a lawyer to handle a work-related injury compensation case? Lawyer charging standards
Charging on a case-by-case basis. Generally, cases without property disputes are charged on a case-by-case basis. The fees generally range from 5,000 to 20,000 depending on the circumstances of the case.
Hourly charges Generally, when lawyers provide preliminary consulting services, they are charged by the hour. Depending on the type and complexity of the consulting case, the general charge is 200-500 yuan per hour.
Charging based on the subject matter. If there is a property dispute in the case, attorney fees are generally charged in proportion to the subject matter of the lawsuit. 1. Part 8-10 of the subject of dispute is less than 100,000 yuan, and the minimum is generally not less than 5,000 yuan; 2. Part 6-7 of the subject of dispute is more than 100,000 yuan but less than 1 million yuan; 3. The subject of dispute is less than 1 million yuan Part 5 of more than 5 million yuan but less than 5 million yuan; 4. Part 3 of the subject matter of dispute being more than 5 million yuan but less than 10 million yuan; 5. Part 1 of the subject matter of dispute being more than 10 million yuan but less than 50 million yuan; 6. Subject matter of dispute The above data for the portion above 50 million yuan are partially collected and incomplete statistics. They are not universal and are for reference only. In addition to the above charging standards, there is also a relatively special risk agency. The risk agency charging method is generally to charge only cost fees in the early stage, and charge a certain proportion of the subject amount after the judgment or execution. This ratio generally does not exceed 30.
2. Can attorney fees be paid by the defendant? Normally, attorney fees are borne by the party who hires a lawyer, because the court does not consider attorney fees to be necessary expenses for litigation. However, in some special circumstances, it can also be claimed that the losing party should bear "reasonable" attorney fees (note: not all costs), including: (1) personal injury compensation, reputation infringement, traffic accident cases; (2) legal aid Cases; (3) Copyright infringement cases; (4) Trademark infringement cases; (5) Patent infringement cases; (6) Anti-unfair competition cases; (7) Creditor’s exercise of revocation rights in contract disputes; (8) Security rights Litigation cases; (9) Arbitration cases. When signing a contract, if both parties clearly agree that the attorney's fees will be borne by the losing party, then the court will generally support claims for attorney's fees.
3. Is it necessary to hire a lawyer for a lawsuit? The benefits of hiring a lawyer 1. If the case is simple and the evidence is sufficient, and you have certain language skills, you can search and understand laws and regulations. , then you don’t need to hire a lawyer. For example, in private loan disputes, there are IOUs and bank statements, and both parties have no dispute over the fact of the loan, and the plaintiff has certain language skills and is confident that he can appear in court. In this case, you can appear in court without a lawyer. But it should be noted that when ordinary people handle such cases, it is best to consult a lawyer first, entrust the lawyer to draft a standard complaint and evidence catalog to finalize the litigation ideas, and then prosecute according to the lawyer's litigation ideas. As long as the lawyer is reliable and responds to the lawsuit according to the lawyer's litigation ideas, there is basically no big problem. 2. But if you and the other party disagree on the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a particularly great impact on you, it is still necessary to ask a lawyer to participate in the entire process. Lawyers can generally do two things for you in civil disputes: (1) Run errands and handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with the clerk and the handling judge, mediating, appearing in court, etc. (2) Help you answer your questions, reduce the risk of losing the lawsuit, and increase the probability of winning the lawsuit. For example, you can ask a lawyer to analyze and provide advice, telling you what you can and cannot do, whether you should keep it notarized in advance, and the lawyer can help you write a complaint, defense, evidence list, and cross-examination opinions in court. Debate back and forth with the other party, state your views to the judge, and then engage in negotiation and mediation with the other party. All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights.
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