-
The parties to a divorce case can consider the following aspects when entrusting a lawyer: first, choose a professional marriage and family lawyer, who can better protect the interests of the parties; Second, choose a lawyer within one's ability according to the client's financial situation; Third, the parties can go directly to the local law firm, or they can entrust a lawyer in the formal **; Fourth, after entrusting a lawyer, sign an entrustment agreement, and issue an invoice by the law firm after paying the fee. There is no uniform standard for how much does it cost to hire a lawyer for divorce, and there is no fixed answer, because there are differences in the parties' litigation claims, the complexity of the case, the development of events, etc.
The level of economic development in different regions is different, and the fees of divorce lawyers in China are different. The following main factors shall be considered when a law firm negotiates a lawyer's service fee with a client: first, the working hours consumed; Second, the degree of difficulty of the service; 3. The number of lawyers required to handle legal affairs and the professional capacity of the lawyers to undertake them; 4. The client's affordability and local social and economic development; 5. Risks and liabilities that lawyers may bear; 6. The lawyer's social reputation and work level; 7. Other necessary costs and expenses required to handle the case.
-
Divorce cases are entrusted with a lawyer, and the ** fee is negotiated with the lawyer. Refer to the following.
Beijing Municipal Lawyer's Litigation Service Fee Guide Price Standard (Trial) II. Fee Standards for Civil Litigation Cases.
1) Fee standards are to be determined in accordance with the trial stage for civil litigation cases.
1. Piecework charging standard.
Each piece costs 3,000-10,000 yuan.
2. Charge according to the proportion of the subject amount.
Less than 100,000 yuan (including 100,000 yuan), 10% (minimum charge of 3,000 yuan);
100,000 yuan to 1 million yuan (including 1 million yuan), 6%;
1 million yuan to 10 million yuan (including 10 million yuan), 4%;
More than 10 million yuan, 2%.
Progressive billing is based on the difference in the amount of the subject matter disputed by the parties.
3. There is no limit to the above charging standards.
2) Implement risk ** charges, and the maximum amount of fees shall not be higher than 30% of the property interests agreed with the client.
3) In retrial and appeal cases, lawyers' service fees are to be collected in accordance with the fee methods and standards determined at one trial stage.
4) For multiple stages of a law firm's case, the fee will be reduced from the second stage.
-
Lawyers charge different fees for divorce cases. Lawyer fees in economically underdeveloped areas generally start at a few thousand; Lawyers in economically developed areas charge relatively high fees. Depending on the amount of the subject matter to be negotiated in the case, the lawyer's fee is also different.
At present, there are generally two types of lawyer fees:
First, the price starts with a certain amount, and then a certain fee is charged according to the disputed property that exceeds a certain amount. For example, a lawyer's fee starts at $5,000.
In other words, no matter how small the amount in dispute is, or even if there is no disputed common property, the starting fee is 5,000.
If the disputed property exceeds a certain amount (generally 100,000 yuan), a certain percentage will be charged for the excess. In short, the more assets in the family, the higher the lawyer's fee may be.
Second, the risk **: pay a certain basic fee, and then determine a fee amount for the amount of property returned. This kind of case is generally applicable to cases where the focus of the dispute is the division of property, and the difficulty of such cases generally lies in the collection or enforcement of common property.
For example, one party does not know the situation of the other party or the bank deposits, or the company's equity holdings, or the other party's property is scattered, in various provinces, cities and even countries.
It requires a lawyer to do a lot of investigation and evidence collection. In order to encourage the lawyer's enthusiasm for work, in the case of mutual agreement, the party first pays a certain amount of start-up capital (usually about 5,000 yuan), and then the lawyer collects relevant evidence, searches the other party's property, and does property preservation work, and is responsible for the enforcement of the case after the judgment.
In the property returned from execution, the lawyer extracts a certain percentage of the remuneration, which is generally around 10-20% at present.
-
Legal Analysis: At present, lawyers in different regions charge different fees for taking over divorce cases. Lawyers in economically underdeveloped areas generally start at 500 yuan to 1,000 yuan; In economically developed areas, such as Beijing, Shanghai, Guangzhou and other large cities, lawyers' fees are relatively high.
For example, in Beijing, some lawyers can take over a divorce case for two or three thousand yuan; Some lawyers can start as much as 10,000 yuan. Depending on the amount of friendship that is the subject of the dispute, the lawyer's fee also varies.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having gambling, drug abuse, and other vices;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
-
Summary. Hello! Hiring a lawyer to fight a divorce lawsuit needs to determine the amount according to the actual situation, if it is an underdeveloped area, the starting price is generally 500 yuan to 1,000 yuan; Lawyers in economically developed areas charge relatively high fees.
Hello! To hire a lawyer to fight a divorce lawsuit, you need to determine the amount of gold matching limbs according to the actual situation, and if it is an underdeveloped area, the starting price is generally 500 yuan to 1,000 yuan; In economically developed areas around the world, lawyers' fees are relatively high.
According to Article 10 of the "Measures for the Administration of Lawyers' Fees", lawyers' service fees can be based on different service contents, such as piecework fees, piecework fees according to the proportion of the subject amount and hourly charges, and are generally applicable to legal affairs that do not involve property relations; The pro-rata fee applies to legal matters involving property relations; Hourly charges can be applied to all legal matters.
Article 10 of the Measures for the Administration of Lawyers' Fees: Lawyers' service fees may be based on the content of the services that are not clear and disagreeable, and may be charged on a piece-by-case basis, in proportion to the amount of the subject matter, and by the hour, and that 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.
How much is the divorce lawyer's feeGenerally speaking, the lawyer's fee for the first instance of a case that does not involve property is about 3,000 yuan. If there is a property dispute, depending on the circumstances of the case, you may have to pay a certain percentage of the lawyer's fee according to the number of property, and you can confirm the final lawyer's fee with the lawyer. Criteria for Divorce Cases Involving Rent Collection by the Court:
If there is no property dispute, the court will charge about 300 court fees. If there is a financial fraud, the part of the property exceeding 200,000 yuan will be charged. Litigation costs may be paid by the losing party or ultimately agreed upon by the parties.
-
Legal Analysis: 1. Piecework Charging Standards.
1) Litigation costs that do not involve property relations.
1. Basic standards for general cases:
Case category: (RMB) 1,500 yuan for civil cases, 2,000 yuan for administrative cases, 3,000 yuan for criminal cases, and 3,000 yuan for arbitration cases.
2. Different standards for different cases:
1) In simple litigation cases, the specific fee standard can be determined within 50% of the above standards;
2) Major litigation and arbitration cases may be determined within three times of the above basic standards;
3) Difficult and complex cases may be determined within 5 times the above basic standards;
4) Where there are foreign-related factors (if the subject matter of the dispute or the place where the contract is signed or the place where the contract is performed is abroad, the foreign law shall be applied to settle the settlement), it shall be determined within 5 times of the above basic standards; The above factors can be combined, but the actual standard shall not exceed 10 times the above standard.
3. The standards for judging simple, major, difficult, and complex cases are to be separately formulated by the provincial or provincial municipal lawyers association.
4. "Well-known" lawyers who have been assessed by judicial-administrative organs or lawyers associations at the provincial level or above may determine specific fee standards within 10 times the above standards.
2) Litigation involving property relations.
**In addition to the basic standard for determining fees that do not involve property relations, the fee shall also be charged at a rate not higher than the following (progressive system) of less than 10,000 yuan (inclusive) for the subject matter of the disputed property
10,000-100,000 yuan (inclusive).
100,000-500,000 yuan (inclusive).
500,000 yuan - 1 million yuan (inclusive).
1,000,000 yuan - 5,000,000 yuan (inclusive).
5 million yuan - 10 million yuan (inclusive).
The fee ratio of 10 million yuan is exempted from 4% and 3%.
1. After negotiation between the law firm and the client, if the risk is implemented in the above-mentioned cases involving property relations, the two parties may negotiate a fee.
2. If there is a counterclaim in the litigation case, the fee will be reduced by half according to the amount of the subject matter of the counterclaim.
3) Other charging regulations.
1. Persons serving as private prosecutors in criminal cases or victims of public prosecution cases shall be subject to the fee standards for civil cases.
2. Where a first-instance litigation case is followed by a second-instance lawsuit, it shall be charged at half of the actual fee standard of the first instance; If the appeal has been handled in the first instance or in the second instance, it shall be charged at half of the actual fee standard of the first instance; Arbitration, litigation.
The first and second instance stages shall be charged at half of the fees for the arbitration stage.
Legal basis: Article 5 of the "Lawyer's Fee Standards" Law firms provide the following legal services in accordance with the law
1) **Civil litigation cases;
2) **Administrative litigation cases;
3) ** State compensation cases;
4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;
5) **Appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.
At present, there is only a guideline for lawyer fees in each province, but it is not a mandatory rule, and it can be determined by the lawyer and the client through negotiation. Generally, it can be referred to according to the following standards. >>>More
The tuition fees for Guangzhou Lingkai Automobile School are: >>>More
How much is a welder training course? How long does it take? What are the job prospects? Below I will make a detailed answer to the welder training certificate: >>>More
The law stipulates that if one of the spouses has been away from the place of residence for more than 1 year, and one party sues for divorce, and the defendant has no regular residence, the people's court of the place where the plaintiff lives at the time of filing the lawsuit has jurisdiction, and at the same time, it is recommended that your girl friend ask the other party to sue first in some way, so that the defendant's wife law stipulates that if the defendant is a citizen, the people's court of the defendant's habitual residence has jurisdiction - both methods may help your friend to carry out divorce proceedings in Shandong. >>>More
I don't understand, are you speaking in tongues? Please speak Chinese and preferably in Mandarin.