How do you charge for lawyers, and are they phased?

I saw in Xingren Law Firm** that the fees are charged in stages, and they are generally charged in accordance with national regulations.

Consultation is generally time-based, and cases are generally based on the subject matter.

1. Civil and administrative cases.

1. Piecework charges that do not involve property relations. Charged at 500-8000 yuan;

2. Fees shall be charged according to the proportional rate of the subject amount involved in property relations. The charges are as follows:

The basic handling fee is 500 yuan, and the lawyer's service fee will be charged according to the following rates:

The proportion of fees charged for the subject matter of the dispute.

The rate is 6% for less than 10,000 RMB

10,001-200,000 yuan part of the rate of 200,001-500,000 yuan part of the rate of 500,001-1,000,000 yuan part of the rate of more than 1,000,001 yuan of the rate is.

**Economic dispute cases are charged according to the above standards.

In cases of portrait rights, copyrights, reputation rights, trademark rights, patent rights, etc., lawyer service fees may be charged according to the standards listed above.

1. ** In civil litigation cases (1), if property relations are not involved, piecework fees shall be implemented. The charging standard is 3,000 yuan (RMB, same as below), which can be increased by 50% and the decrease is not limited.

2) Where property relations are involved, the cumulative fees shall be charged according to the amount of the subject matter.

The standards are as follows: the subject amount of the charge standard and the rate.

$10,000 and below: $800.

More than 10,000 yuan to 100,000 yuan 4%.

More than 100,000 yuan to 500,000 yuan 3%.

More than 500,000 yuan to 1 million yuan 2%.

1% for more than 1 million yuan to 5 million yuan

More than 5 million yuan to 10 million yuan.

More than 10 million yuan to 50 million yuan.

More than 50 million yuan negotiated by both parties.

The above rates can be increased by 30%, and there is no limit to the downward increase. The calculation of the amount of the subject matter of the lawsuit, including the amount of the subject matter of the counterclaim, and the case involving both property and non-property relations, shall be calculated according to the higher one.

2. **Administrative litigation cases.

1. If there is no property relationship, the piecework fee shall be charged. The charging standard is 2500 yuan, which can be increased by 50% and the decline is not limited.

2. Where property relations are involved, the fee standards for property relations in civil litigation cases shall be followed.

3. ** For administrative reconsideration cases, the fees can be reduced according to the above standards.

3. **State compensation cases.

**The national compensation case implements a piecework fee, and the charging standard is 4,000 yuan, which can be increased by 30% and the decrease is not limited.

4. **Criminal cases.

**Piecework is charged for criminal cases.

1) Provide legal advice: 200 yuan;

2) Investigation stage (including the procuratorate's self-investigation). **Appeals and accusations (case filing stage, additional fees will be charged after case filing), and 1,500 yuan for bail pending trial.

3) Examination and prosecution stage: 2,000 yuan;

4) The first-instance trial stage: 3,000 yuan;

5) Criminal private prosecution and victimization** (not involving property relations): 3,000 yuan;

The above standards can be raised by 40% according to the actual situation, and there is no limit to the downward movement. For the part involving property relations and attached civil cases, fees shall be charged according to the charging standards for civil cases.

5. Appeals in various litigation cases.

**Appeals for all kinds of litigation cases are charged on a piece-by-piece basis. The charging standard is 3,000 yuan, up 30%, up and down. After entering the retrial procedure, where the first or second instance has not been passed, fees are to be charged in accordance with the fee standards for each type of litigation case.

If the first or second instance has been passed and the fee is collected, the fee will be reduced by half at this stage.

VI. Lawyers' service fees for major, complex, or difficult cases agreed upon by both parties and confirmed by the local lawyers association may be negotiated within a range of five times the above-mentioned fee standards.

7. Hourly Charges. With the consent of the client, the above services can also be charged by the hour. Hourly charges are based on the hour, and less than 1 hour will be counted as 1 hour.

When the law firm implements hourly fees, it shall obtain the consent of the client, and may negotiate with the client to determine the hourly fee standard of the lawyer according to the lawyer's years of practice, professional ability, social reputation, etc. If there are two or more lawyers, the amount of fees shall be calculated separately based on their actual working hours and billing standards.

Legal analysis: (1) Fees for criminal cases are to be determined on a case-by-case basis at each stage of case handling.

1. In the investigation stage, each piece will be charged 2,000-10,000 yuan.

2. In the review and prosecution stage, each case will be charged 2,000-10,000 yuan.

3. In the first instance stage, each piece will be charged 4,000-30,000 yuan.

4. The above charging standards are not limited to the world.

2) Lawyer service fees are to be collected in second-instance trials, death penalty reviews, retrials, appeals, and private criminal prosecution cases in accordance with the fee standards for the first-instance trial.

3) For multiple stages of a law firm's case, the fee will be reduced from the second stage.

Legal basis: Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application Article 26 Necessary expenses such as lawyer's fees and travel expenses paid by the creditor for exercising the right of revocation shall be borne by the debtor; Where the third party is at fault, it shall be appropriately shared.

Legal analysis: the regular fee is carried out with reference to the level of the litigation procedure, and the litigation procedure is the "second-instance final" system, that is, the litigation is divided into the first-instance stage, the second-instance stage, and the first lawsuit is the first instance, and after the first-instance judgment or ruling, if one party is not satisfied, the second-instance judgment can be initiated, and the second-instance judgment is the final judgment. Lump sum fee refers to the responsibility of the case to the end after charging a fee, that is, only charging a fee once and being responsible for the three stages of first instance, second instance and rock world execution.

Risk charge refers to charging a smaller fee before the execution of the judgment, mediation, or settlement payment, and charging a higher fee after winning the lawsuit or enforcing the payment. The above fee methods shall be determined by the lawyer and the client through negotiation according to the specific circumstances.

Legal basis: "Measures for the Administration of Lawyers' Practice" Article 44: When lawyers undertake business, the law firm shall follow provisions to uniformly collect lawyers' fees and related case-handling fees from the client, and must not collect fees privately, and must not accept the client's property or other benefits.

Lawyer's service fees can be charged by piecework, proportional to the subject amount and hourly fees according to different service contents. 1. Piecework fees are generally applicable to legal affairs that do not involve property relations; 2. The fee in proportion to the subject amount is applicable to legal affairs involving property relations; 3. Hourly charges can be applied to all legal affairs.

Article 8 of the Measures for the Administration of Judicial Appraisal Fees for Judicial Appraisal Cases involving property shall be collected cumulatively in accordance with the proportion of the subject matter according to the smaller of the subject matter of the litigation and the subject matter of the appraisal of the late empty slag. The specific proportions are as follows: (1) If it does not exceed 100,000 yuan, it shall be implemented in accordance with the fee standards listed in the annex to these measures; (2) The portion exceeding 100,000 yuan to 500,000 yuan shall be charged at 1%; (3) The portion exceeding 500,000 yuan to 1,000,000 yuan shall be collected in accordance with the law; (4) The portion exceeding 1 million yuan to 2 million yuan shall be collected in accordance with the law; (5) The portion exceeding 2 million yuan to 5 million yuan shall be collected in accordance with the law; (6) The portion exceeding 5 million yuan to 10 million yuan shall be collected in accordance with the law; (7) The part exceeding 10 million yuan shall be charged in accordance with the charge.

For the larger amount of the subject, the provincial-level competent department in conjunction with the judicial administrative department at the same level may formulate the upper limit of the amount of fees for the appraisal of judicial deficits according to the actual local situation. The "fees for judicial appraisal in cases involving property" as used in the first paragraph of this article are only applicable to the appraisal of documents and traces of physical evidence in judicial appraisals, and are not applicable to other appraisals.

There is no uniform legal standard for lawyers' fees, which are generally around a few thousand yuan. The details are as follows:

1) If there is no property relationship, the benchmark fee standard is 5,000 yuan to 30,000 yuan, which can be reasonably increased.

2) Where property relations are involved, the fees shall be accumulated in proportion to the amount of the subject matter of the dispute:

The part below 10,000 yuan (including 100,000 yuan) is charged at 8 10, and if the amount of charge is less than 5,000 yuan, it will be charged at 5,000 yuan;

10,000 yuan to 500,000 yuan (including 500,000 yuan) is 7 9;

10,000 yuan to 1 million yuan (including 1 million yuan) is 6 8;

10,000 yuan to 5 million yuan (including 5 million yuan) is 5 7;

the part between 10,000 yuan and 10 million yuan (including 10 million yuan) is 4 6; , the portion between $0 million and $20 million (including $20 million) is 3 5; , the portion between $0 million and $50 million (including $50 million) is 2 4; , 0 million or more for 1 3.

1. What is the legal requirement for lawyers' fees?

Measures for the Management of Lawyers' Service Fees".

Article 6 The benchmark price and floating range of the ** guide price shall be formulated by the competent departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.

Article 7** The formulation of fees for lawyers' services shall widely hear the opinions of all sectors of society, and when necessary, hearings may be conducted.

Article 8. **The fees for lawyers' services shall fully consider the level of local economic development, social affordability and the sensitive and long-term development of the lawyer's profession, and the fee standards shall be determined according to the average cost of compensating the number of lawyers' service clubs, plus reasonable profits and statutory taxes.

Article 9: Fees for lawyers' services that are regulated by the market 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 risks and responsibilities that lawyers may bear;

5) Lawyers' social credibility and work level, and so forth.

Article 10: Fees for lawyers' services may be based on the content of different services, employing methods such as piecework fees, fees proportional to the amount of the subject matter, and hourly fees.

Piecework charges are generally applicable to legal matters 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 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) Requests for social insurance benefits or minimum livelihood security 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.