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Lawyers can pay after lawsuits, but generally speaking, they are charged first, and the fees are higher if they are paid later, and the lawyer's fee standard is charged according to the proportion, and the fee standard in each region is different, the lawyer is billed by the piece, and the specific can go to the local law firm to consult, whether to pay the money first or then to negotiate with the lawyer.
1. Does the lawyer charge first or later for a lawsuit?
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. Process for hiring a lawyer:
1. Go through the entrustment procedures with the law firm and sign the "Entrustment Contract". The main purpose of going through the entrustment procedures with a law firm is 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. When a client hires a lawyer, he or she must pay a certain amount of lawyer's fees. Generally, in accordance with the provisions of the "Trial Measures for Lawyers' Fees", the law firm will collect the case-handling fees from the parties within the range specified by Wang Shi in accordance with the complexity of the business undertaken, the length of time required, and the number of subject matter of the litigation.
2. Lawyer's fee standard:
Charge per piece reference: legal documents: write, revise, and review legal documents on behalf of others, according to the nature of legal documents, the degree of difficulty, the time required for the work, and other factors, each document is negotiated between 600-2000 yuan;
Lawyer witness: According to the nature of the legal document, the time required and other factors, the fee will be negotiated between 2,000-10,000 yuan per piece.
Attorney for office certificate: The affairs of the lawyer's agency certificate are different, and the fee is negotiated between 1500-3000 yuan per piece;
Lawyer's letter and legal opinion: Issue a letter or legal opinion for the client, and negotiate the fee according to the difficulty of the relevant affairs, the purpose of use, the time required for the work and other factors, and negotiate the fee between 1,500 and 20,000 yuan for each copy.
Lawyer Investigation: Fees are negotiated according to the investigation matter.
Lawyers want to charge a fee first or later, and then charge a risk, relatively speaking, the cost will be high, pay first and the cost will be low, the way to pay can be discussed with the lawyer, the specific fee is determined according to the local fee standard and the complexity of different types of cases, etc., after hiring a lawyer, it is necessary to sign the "Entrustment Contract".
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According to different service contents, the lawyer's fee can be charged by piecework, according to the proportion of the subject amount, hourly charge, risk charge, etc.
1. Regular charges. Conventional fees are carried out with reference to the level of litigation procedures, and the litigation procedures are the "second-instance final" system, that is, the litigation is divided into the first-instance stage and the second-instance stage, and the first time a lawsuit is filed is the first instance, and after the first-instance judgment or ruling, if one party is not satisfied, the second-instance judgment is the final judgment, and no further litigation shall be filed under normal circumstances. However, in reality, after the judgment, there is also the initiation of enforcement procedures, that is, if the other party does not perform the content determined by the judgment after the judgment, the other party applies to the court to enforce the property of the other party so that the content of the judgment can be realized (i.e., the usual sealing and seizure of property).
Correspondingly, there are three stages of lawyers' fees: first-instance fees, second-instance fees, and enforcement procedure fees. Coincidentally, it should be explained that the "Guangdong Provincial Lawyer Service ** Guidance Price" does not provide guidance on fees in the enforcement stage, so in reality, it is generally a negotiated fee, or it is included in the fees of the first and second instance, which is equivalent to exempting the fee in the enforcement stage. The "Litigation Fee Calculator and Attorney's Fee Calculator" on this site are calculated using the regular fee model.
2. Lump sum charges. 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 execution. The fee standard shall be appropriately increased on the basis of the first-instance fee in the regular fee.
3. Risk charges. Risk charge refers to charging a smaller fee before the execution of the judgment, mediation and settlement, and charging a higher fee after the lawsuit is won or the payment is enforced. The fee standard is about 2,000-10,000 for the upfront fee, and 10-30% of the amount after winning the case or enforcement.
The above fee methods shall be determined by the lawyer and the client through negotiation according to the specific circumstances.
Article 9 of the "Measures for the Administration of Lawyers' Service Fees" provides that lawyers' service fees 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:
1) The working time consumed is chaotic;
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 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.
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.
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When are attorney fees paid
Generally, it is paid within a certain period of time after signing the entrustment contract. In addition, it is mainly determined according to the contract, and the payment time is negotiable, and the risk can still be **.
1) If it is not a risk**: It is generally paid after Bu Na Zheng signs the entrustment contract.
2) If it is a risk: after signing the entrustment contract, pay part of the necessary fees first, and the rest of the fees will be paid according to the agreed proportion after the trial, but the lawyer's fee at the risk ** is higher.
There are two ways to pay lawyer's fees, one is to pay when the lawyer signs the contract, which is paid in proportion, and the other is to wait for the lawsuit to be paid, which is a risk, and the fee is higher.
Measures for the Management of Lawyers' Service Fees".
Article 3: Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
Article 4: Fees for lawyers' services are to be subject to ** guide prices and market-regulated prices.
Article 5: Law firms provide the following legal services in accordance with law, and implement ** guide prices:
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, serving as the defendant's defender or private prosecutor or 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.
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.
The lawyer's fee is flexible, different cases will have different fee standards, if it is related to property, then the fee is related to the property, generally after signing the entrustment contract to pay a certain time, for the payment time is negotiable, the above is the question you asked, you can consult a lawyer.
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