General civil litigation lawyer's fee standard: 811 yuan ~ 11111 yuan/piece if property relations are not involved; Involving property relations: the basic service fee for each piece is 1,111 ~ 2,111 yuan. If the amount of the disputed property subject matter exceeds RMB 1,111, it shall be calculated progressively by stages according to the following proportion.
the charging rate of the disputed bid: 5% ~ 6% of the amount of RMB 11111-RMB 111111; 4% ~ 5% of RMB 111111-RMB 111111; 3% ~ 4% of RMB 1,111,111-5,111,111; 2% ~ 3% of 5,111,111-1,111,111 yuan; 1% ~ 2% of RMB 1111111-RMB 51111111; 1.5% ~ 1% of the part above 51 million yuan.
1. If the property relationship is not involved in the stage of examination and prosecution: 1511 ~ 12111 yuan/piece;
involving property relations: 71% of the charging standard for civil litigation cases involving property relations, but the minimum is not less than 2,111 yuan.
Trial stage:
If the property relationship is not involved, it is 2,511 ~ 21,111 yuan as the defendant's defender; Acting as an agent ad litem of the private prosecutor and the victim: 2,111 yuan ~ 15,111 yuan/piece;
in case of property relations, it shall be implemented according to the charging standard for civil litigation cases involving property relations. According to the request of the obligee and the specific case, the people's court may calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation. If the lawyer's fee in a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the reasonable expenses paid for investigating and stopping the infringement.
each divorce case should be sent from 51 yuan to 311 yuan. Involving the division of property, the total amount of property does not exceed 211 thousand yuan, without paying separately; The part exceeding 211,111 yuan shall be paid according to 1.5%.
for cases that infringe on the rights of name, name, portrait, reputation, honor and other personality, each case shall be paid to 511 yuan. If damages are involved and the amount of compensation does not exceed 51,111 yuan, no additional payment will be made; More than 51 thousand yuan to 111 thousand yuan, according to 1% to pay; For the part exceeding RMB 1,111,111, 1.5% shall be paid.
for other non-property cases, 51 yuan will be paid to 111 yuan for each case.
ii. charging according to the amount of the subject matter
in case of property disputes, the lawyer's fees are generally charged in stages and in proportion based on the subject matter of litigation.
1. 6%-11% of the subject matter in dispute is less than 1,111 yuan, and the minimum is generally not less than 5,111 yuan;
2. 7%-8% of the disputed object is more than 1 million yuan but less than 1 million yuan;
3. 5% of the disputed object is more than 1 million yuan but less than 5 million yuan;
4. 2%-3% of the disputed object is more than 5 million yuan but less than 11 million yuan;
5. 1% of the disputed object is more than RMB 11 million but less than RMB 51 million;
6. 1.5% of the disputed object is more than 51 million yuan.
third, whether to pay the lawyer first or pay the case closed
1. The lawyer pays first: general agent
In the lawyer industry, it is more common to pay the lawyer's fee first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with lawyers, the general parties need to pay the fees first. However, it should be noted that if the fees charged by lawyers for representing cases are by stages, the charging standards for the first trial, the second trial and the execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of the fees first: semi-risk agents
Although in principle, they pay first and then serve, in some cases, the parties may have financial difficulties or other circumstances, so they can negotiate with the law firm or lawyers to pay a part first, and then pay the rest after the implementation is in place.
3, lawyers charge after closing the case: risk agent
risk agent, as the name implies, this charging model is that lawyers have to bear the risks with their clients to a certain extent. The fee for this kind of risk agency will be higher, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it can't be too high. Generally, the maximum charge amount should not be higher than 31% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
IV. What are the major, difficult and complicated litigation cases stipulated in the lawyer's fee contract?
(1) Criminal cases that should be tried by the collegiate bench according to law;
(2) cases of first instance under the jurisdiction of people's courts at or above the intermediate level (including the intermediate level);
(3) Litigation cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security, judicial administration and other organs;
(4) cases that have aroused widespread concern in society and have great social impact;
(5) new types of cases;
(6) Cases involving Hong Kong, Macao and Taiwan or foreign affairs with great social impact;
(7) The case-handling organ decides the cases that need the participation of other professionals;
(8) Cases with complicated cases involving more than three (including three) legal relationships;
(9) Other cases are considered as significant, difficult and complicated by the law firm and the client through consultation.
Legal basis:
Measures for Payment of Litigation Fees
Article 13 The fees for accepting cases shall be paid according to the following standards respectively:
(1) Property cases shall be paid cumulatively by stages according to the amount or price of litigation requests, according to the following proportions:
1. If the amount does not exceed RMB 1,111, each case shall be paid to 51 yuan;
2. 2.5% shall be paid for the part exceeding RMB 1,111 to RMB 1,111;
3. 2% shall be paid for the part exceeding RMB 1,111,111 to RMB 211,111;
4. 1.5% shall be paid for the part exceeding RMB 211,111 to RMB 511,111;
5. 1% shall be paid for the part exceeding 511,111 yuan to 1 million yuan;
6. 1.9% shall be paid for the part exceeding RMB 1 million to RMB 2 million;
7. 1.8% shall be paid for the part exceeding 2 million yuan to 5 million yuan;
8. 1.7% shall be paid for the part exceeding 5 million yuan to 11 million yuan;
9. 1.6% shall be paid for the part exceeding RMB 11 million to RMB 21 million;
11. 1.5% shall be paid for the part exceeding 21 million yuan.
(2) Non-property cases shall be paid according to the following standards:
1. Each divorce case shall be paid from 51 yuan to 311 yuan. Involving the division of property, the total amount of property does not exceed 211 thousand yuan, without paying separately; The part exceeding 211,111 yuan shall be paid according to 1.5%.
2. For cases that infringe on the right of name, right of name, right of portrait, right of reputation, right of honor and other personality rights, each case shall be paid to 511 yuan. If damages are involved and the amount of compensation does not exceed 51,111 yuan, no additional payment will be made; More than 51 thousand yuan to 111 thousand yuan, according to 1% to pay; For the part exceeding RMB 1,111,111, 1.5% shall be paid.
3. Pay 51 yuan to 111 yuan for each other non-property cases.
(3) In civil cases of intellectual property rights, if there is no disputed amount or price, each piece shall be paid 511 yuan to 1,111 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Pay 11 yuan for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards:
1. Each trademark, patent and maritime administrative case shall be paid 111 yuan;
2. Every other administrative case shall be submitted to 51 yuan.
(6) if a party raises an objection to the jurisdiction of the case, and the objection is not established, the 51 yuan will be paid to 111 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of local actual conditions, formulate specific payment standards within the range specified in items (2), (3) and (6) of this article.
Lawyers Law of the People's Republic of China
Article 41 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment, charging fees, accepting property or other benefits from the client without permission;
(2) taking advantage of providing legal services to seek the disputed rights and interests of the parties;
(3) accepting property or other benefits from the other party, maliciously colluding with the other party or a third party, and infringing on the rights and interests of the client;
(4) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;
(5) offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law;
(6) intentionally providing false evidence or threatening or inducing others to provide false evidence, thus preventing the other party from legally obtaining evidence;
(7) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to settle disputes;
(8) disturbing the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.