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There are two ways to pay lawyer fees, one is to pay when entrusting a lawyer to sign a contract, which is paid in proportion, and there are detailed lawyer fee methods formulated in various places; One is to wait for the end of the litigation process to pay, which is a risk**, and the fee standard is higher. The process of hiring a lawyer: 1. Go through the entrustment procedures with the law firm and sign the "Entrustment Contract".
The entrustment procedures with the law firm are mainly to sign the "Entrustment Contract" to clarify the rights and obligations between the parties and the law firm. 2. Sign the Power of Attorney with the designated lawyer. The power of attorney is mainly to clarify the authority, and the document is submitted to the judicial department.
Permissions are general and specific. The so-called general procedural rights are only** general litigation rights, such as the right to sue, the right to respond to the lawsuit, the right to apply for recusal, the right to provide evidence, the right to debate, etc. 3. Pay the lawyer's fee.
A lawyer's legal service is a paid service, so the parties must pay a certain amount of legal fees when hiring a lawyer. Generally, in accordance with the provisions of the "Trial Measures for Lawyers' Fees", law firms are to collect case-handling fees from the parties within the prescribed range in accordance with the complexity of the business undertaken, the length of time required, and the number of litigation subjects.
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This should be a negotiated fee, depending on how it is written in your contract.
That is to say, the principal and the entrusted party can agree on how to come, the key is to find a way that both parties are more satisfied with.
In addition, if you ask a lawyer to pay the lawyer's fee in advance, then after the first trial, if there is an appeal, you still need to pay the lawyer's fee.
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1. The lawyer's fee in the litigation stage shall be guided by the first price. Within the range of **determined**, the specific amount of fees shall be determined by the two parties through negotiation.
2. The method of collecting attorney's fees shall also be determined by the lawyer and the parties through negotiation. You can pay upfront or pay later. In practice, in general, it is necessary to pay the lawyer's fee first.
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Generally, the lawyer's fee is paid upfront.
However, if some lawyers feel that you are in financial difficulty, they can give you a risk reason, which is to pay a small amount of legal fees first, because litigation has costs, and it is impossible for people to make losses in business. However, the risk ** is also limited in law, that is, what cases can be done and what cases cannot be done, these are all regulations, and lawyers generally will not violate the regulations to do wind generation.
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There are generally two ways.
Basic attorney's fee, i.e., a one-time fee, pre-litigation fee.
Risk fee, part of the basic fee is collected before the lawsuit, and then paid according to the agreement after the case is concluded.
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It can be paid first or later, and it is mainly determined by the lawyer and the client through negotiation.
The content of the relevant service contract signed between the lawyer and the client includes: the name and address of the client, the subject matter, quantity, quality, price or remuneration, the time limit, place and method of performance, the liability for breach of contract, and the method of resolving the dispute.
Attorney's Fees:
Cases without property disputes: Ordinary civil, economic, and administrative cases that do not involve property shall be charged through negotiation between 6,000 and 100,000 yuan according to factors such as the nature of the case, the degree of complexity, and the time required for the work; If the civil, economic and administrative cases in other places do not involve property, the ** fee shall not be less than 20,000 yuan;
Legal documents: Write, revise and review legal documents on behalf of others, and negotiate fees between 600-2000 yuan for each document according to the nature of the legal documents, the degree of difficulty, and the time required for the work;
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Legal analysis: In accordance with the provisions of the Trial Measures for Lawyers' Fees, law firms generally charge the parties for handling cases within the prescribed range according to the complexity of the business undertaken, the length of time required and the amount of the subject matter of the litigation.
There are two ways to pay general lawyer fees, one is to pay the lawyer's fees at one time when the lawyer signs the entrustment contract, and the fee standard is that the local lawyers associations have formulated detailed methods for lawyers' fees; The other is risk, that is, when signing the entrustment contract, pay part of the fee or not pay any fee, and pay a certain percentage after the end of the litigation procedure, which is higher.
When a law firm accepts a commission, You Chanshou shall sign a lawyer's service fee contract with the client or specify the fee terms in the client contract.
The charging contract or charging clause shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute resolution methods, etc.
To implement risk charges, the law firm shall sign a risk charge contract with the client, stipulating the risk responsibilities that both parties should bear, the method of charging, and the amount or proportion of fees.
The maximum amount of the fee shall not be higher than 30% of the subject amount agreed in the charging contract.
Legal basis: Article 10 of the Measures for the Administration of Lawyers' Service Fees.
According to the content of different services, lawyers' service fees can be charged according to the content of the service, and other methods such as counting the case of the celebration, charging according to the proportion of the subject amount, and charging by the hour.
Piecework fees are generally applicable to legal affairs that do not involve property relations;
The pro-rata fee is applicable to legal matters involving property relations;
Hourly charges can be applied to all legal matters.
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There are two ways to pay general lawyer fees, one is to pay the lawyer's fees and fees at one time when the entrusted lawyer signs the entrustment contract.
Standards: Lawyers associations in all regions have formulated detailed methods for lawyers' fees; The other is risk, that is, when signing the entrustment contract.
Payment of a portion of the fee or no payment at all, or a percentage of the fee after the conclusion of the proceedings, is a higher standard.
When a law firm accepts a retainer, it shall sign a contract with the client to charge fees for lawyers' services or specify the terms of the fees in the contract.
Legal basis] Article 10 of the Measures for the Administration of Lawyers' Service Fees: Lawyers' service fees may be based on different service contents, employing methods such as piecework fees, proportional fees according to the subject amount, and hourly fees.
Piecework charges are generally applicable to legal matters that do not involve property relations;
The pro-rata fee is applicable to legal matters involving property relations;
Hourly charges can be applied to all legal matters.
Article 11: When handling civil cases involving property relations, where the client still requests the implementation of risk after being informed of the ** guide price, the law firm may implement the risk ** fee, except in the following circumstances:
1) Marriage and inheritance cases;
2) Requesting that social insurance benefits or minimum livelihood guarantees be given lenient and balanced benefits;
3) Requests for alimony, child support, alimony, pensions, relief funds, or compensation for work-related injuries;
4) Requests for payment of labor remuneration, etc.
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It can be paid first or later, and it is mainly determined by the lawyer and the client through negotiation.
The content of the relevant service contract signed by the lawyer and the client includes: the name and address of the person in the original file, the subject matter, the quantity, the quality, the price or remuneration, the time limit, place and method of performance, the liability for breach of contract, and the method of resolving disputes.
Attorney's Fees:
Cases without property disputes: Ordinary civil, economic, and administrative cases that do not involve property shall be charged between 6,000 and 100,000 yuan through negotiation according to factors such as the nature of the case, the degree of complexity, and the time required for the work; If the civil, economic and administrative cases in other places do not involve property, the ** fee shall not be less than 20,000 yuan;
Legal documents: Write, revise and review legal documents on behalf of others, and negotiate fees between 600-2000 yuan for each document according to the nature of the legal documents, the degree of difficulty, and the time required for the work;
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Legal analysis: The method of collecting lawyers' fees for litigation may be determined by the lawyer and the parties through negotiation. You can pay the lawyer's fees upfront or later.
In the case of general stalking, you need to pay the lawyer's fee first. In accordance with the relevant laws and regulations, when a law firm accepts a representation, it shall sign a contract with the client for charging fees for lawyer services or specify the terms of the fee in the entrustment contract. The fee contract or fee clause shall include:
Charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute resolution methods, etc.
Legal basis: Lawyers Law of the People's Republic of China
Article 25: Law firms are to uniformly accept the representation of lawyers undertaking business, sign a written retention contract with the client, uniformly collect fees in accordance with state provisions, and truthfully record them in the accounts. Law firms and lawyers shall pay taxes in accordance with law.
Article 30: Where a lawyer serves as a person in litigation legal affairs or a person in non-litigation legal affairs, they shall preserve the lawful rights and interests of the client within the scope of the authority of the client. Laugh and grind.
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The lawyer's fee for a lawsuit, if the lawyer's fee is paid in a lump sum when the lawyer signs the entrustment contract, it is to pay in advance; If it is a risk, that is, when signing the entrustment contract, part of the fee is paid first or no fee is paid, and a certain percentage is paid after the litigation process is completed, which is post-payment.
Article 10 of the Measures for the Management of Lawyers' Service Fees: Lawyers' service fees may be based on different service contents, employing methods such as piecework fees, fees proportional to the subject amount, and hourly fees. Piece-rate fibre digging is generally applicable to legal matters that do not involve property relations; According to the proportion of the subject amount, the fee is suitable for legal affairs involving property relations; Hourly charges can be applied to all legal matters.
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Not necessarily. The method of collecting lawyer's fees is also determined by the lawyer and the client through negotiation. Lawyers' fees generally vary according to the level of the proceedings and the stage of the proceedings. Fees can be charged before or after litigation.
Article 9 of the Measures for the Administration of Lawyers' Fees.
Fees for lawyer services that are subject to market regulation are to be determined through consultation between the law firm and the client. The following main factors shall be considered when a law firm negotiates a lawyer's service fee with a client:
a) Hours expended;
2) the degree of difficulty of the legal matter;
3) the client's ability to bear it;
4) the lawyer may bear the risks and responsibilities of the slender;
5) Lawyers' social credibility and work level, and so forth.
Article 10 of the Measures for the Administration of Lawyers' Fees.
Lawyers' service fees can be charged on a piece-rate basis, in proportion to the amount of the subject matter, and by the hour, depending on the content of the service. Piecework charges are generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges may be applied to all of Min's legal matters.
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Legal analysis: The method of collecting attorney's fees is also determined by the lawyer and the client through negotiation. You can pay upfront or pay later. In practice, under normal circumstances, it is necessary to pay the lawyer's defense fee first.
Legal basis: Measures for the Administration of Lawyers' Fees
Article 9: Fees for lawyers' services that carry out market regulation are to be determined through consultation between the lawyer's law firm and the client.
Article 10: Fees for lawyers' services may be based on the content of different services, employing methods such as piecework fees, fees in proportion to the amount of the subject matter, and hourly fees for carrying branches.
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