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Standards for charging attorney fees in civil litigation

Hello, how much is the general civil litigation attorney fee? It will be charged based on different cases. Generally, if property is not involved, the fee for each case will be around 500 to 5,000 yuan. If property is involved, the fee will be around 500 to 5,000 yuan. The final attorney fees will be determined based on different dispute amounts.

1. How much does a general civil litigation lawyer cost?

If there is no property relationship involved or the subject matter of the dispute is less than 100,000 yuan (excluding 100,000 yuan), a basic agency fee of 500 yuan to 5,000 yuan will be charged for each case. If there is a property relationship of more than 100,000 yuan, a basic agency fee will be charged. In addition to the basic agency fee, a cumulative fee will be charged in segments according to the size of the disputed subject matter: 100,000 yuan to 1 million yuan (including 1 million yuan) at a rate of 0.5% to 3.5% for each case;

For items above 1 million yuan to 5 million yuan (including 5 million yuan), each item is charged at 1.5% to 2.5%;

For items above 5 million yuan to 10 million yuan (including 1,000 yuan) Ten thousand yuan), each item is charged at 0.5% ~ 1.5%;

Each item above 10 million yuan is charged at 0.25% ~ 0.75%.

2. How much does a lawyer charge for handling second-instance criminal, civil, administrative and other litigation cases?

If you go through the second instance without going through the first instance, you will be charged according to the first instance charging standard; if you go through the first instance and then go through the second instance, you will be charged 50% of the first instance charging standard.

Lawyers handle criminal, civil, administrative and other appeals, retrials and retrial cases, and charge agency fees of 500 yuan to 3,000 yuan for each appeal case; handle retrial and retrial cases, depending on the specific circumstances, refer to the second instance Or the standard fees for first-instance cases.

3. Who bears the attorney fees for general civil litigation?

Unless otherwise specified, attorney fees will be paid by oneself, and litigation fees will generally be borne by the losing party, but they must still be written in the lawsuit request.

The court will not award the losing party to bear your attorney fees.

In China, legal representation is not compulsory, which means that the state considers it unnecessary to hire a lawyer, so the legal fees are not necessary, so the court does not support it. Unless it is a special case such as a copyright infringement case, attorney fees will generally not be supported; this is the current law.

4. What are the principles for bearing attorney fees in civil litigation?

The design of the system for bearing legal fees and other expenses cannot be "one size fits all". We should think rationally, follow objective laws, and proceed step by step. Generally speaking, the following principles should be followed:

1. Lawyer fees that comply with the regulations of relevant national departments can be compensated;

2. Not all lawyer fees in civil litigation are It shall be borne by the losing party. Generally, only in infringement litigation and other types of cases, "lawyer fees that comply with the provisions of relevant national departments can be considered to be included in the scope of compensation."

3. The scope of compensation for attorney’s fees should be limited to necessary and reasonable expenses.

Based on what has been said above, you can hire a lawyer to help you in civil litigation before going to court, but the premise is that you need to pay a lawyer's fee, which will be charged according to different cases. Therefore, when processing, you can consult with local law firms and negotiate as much as possible so that your rights can be protected more quickly.

Legal Basis

Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases": Stopping Infringement Acts under Article 56, Paragraph 1 of the Trademark Law Reasonable expenses paid include reasonable expenses incurred by the right holder or his 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.

Article 22 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases": Based on the request of the right holder and the specific circumstances of the case, the people's court may pay the right holder for investigating and stopping infringement. Reasonable expenses are calculated within the scope of the compensation amount. If attorney's fees are to be included in the defendant's compensation amount in a patent dispute case, they must be based on the reasonable expenses paid to investigate and stop infringement.