How to collect lawyer fees, how to collect lawyer fees

This needs to be negotiated with the lawyer, depending on the lawyer's reputation, level, experience, etc., and the difficulty of your case, distance and other comprehensive considerations, generally about 5%.

Regulations of the Beijing Municipality:

1) Fee standards are to be determined in accordance with the trial stage for civil litigation cases.

1.Piece-rate charges.

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 1,000,000 yuan (including 1,000,000 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 fees.

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.

Lawyer's fees:1The one-time payment is less than that of other payment methods, but the fee is non-refundable regardless of the outcome of the case; 2.

Pay the basic case-handling fees first, and then pay a certain percentage of the lawyer's fees according to the amount of remittance for the execution of the case; 3.Full risk**, no fees other than litigation fees are paid in the early stage, and a certain percentage of the remittance is paid in the final case according to the execution of the case.

It depends on the nature and subject matter of the case, and there are about 3,000 ordinary civil cases.

The fees of the lawyer entrusted by the parties need to be determined according to the nature of the case, and the fee standards for criminal cases, civil disputes, and administrative litigation cases are inconsistent.

In addition, the collection of lawyer's fees is also inconsistent in different places, and even the fee standard of each lawyer is different, so it is recommended that the parties directly negotiate the lawyer's fees with the entrusted lawyer.

That is, the "Implementation Measures for the Management of Lawyer Service Fees in Beijing (Trial)".

Beijing Lawyer Litigation **Service Fees**Guidance Price Standard (Trial)".

The above documents are only guidance, and the specific lawyer's fee should be determined through face-to-face consultation with the lawyer.

The minimum number of cases in Hangzhou is 3,000, which is calculated according to the amount of the subject matter of the case. You can look at the documents of the price departments of various provinces and cities.

Standard of Attorney Fees for Ordinary Civil Litigation:

1) No property relationship involved: 800 yuan 10,000 yuan;

2) Involving property rights: 1000 2000 yuan for each basic service fee. Where the amount of disputed property exceeds 10,000 RMB, it is calculated progressively in accordance with the following proportions.

Billing percentage of the disputed amount:

5% of 1001-100,000 yuan, 6%;

10,001-100,000 yuan 4% 5%;

3% of 100,000-5,000,000 yuan, 4%;

2% of 500,000 yuan to 10 million yuan, 3%;

1% of $1,000,000 to $5,000,000 2%;

1% for the portion above 500,000 yuan.

1) The property relationship is not involved in the review and prosecution stage: 1,500 to 12,000 yuan;

Property-related cases: 70% of the fee standard for property-related civil litigation cases shall be enforced, but the minimum shall not be less than 2,000 yuan.

2) Trial stage: if property relations are not involved:

1) Serving as the defendant's defender: 2,500 to 20,000 yuan;

2) Litigants serving as private prosecutors and victims: 2,000 15,000 yuan;

Where property relations are involved, the fee standards for civil litigation cases involving property relations are to be enforced.

Measures for the Management of Lawyers' Fees.

Article 4: Fees for lawyers' services are to be subject to ** guide prices and market-regulated prices.

1. How to collect lawyer's fees.

1. Attorney's fees are charged as follows:

1) Lawyers shall uniformly collect fees for accepting cases in the name of their law firm, and must not privately collect lawyers' fees;

2) Attorney's fees are different from case-handling expenses, and the necessary expenses incurred by lawyers to handle entrusted affairs must still be borne by the client. For example, transportation expenses, accommodation expenses, judicial appraisal fees, etc.;

3) Attorney's fees are different from litigation fees, attorney's fees are civil expenses based on the entrustment relationship, and litigation fees are mandatory fees based on litigation with the court. Attorney fees are negotiable, and litigation costs are non-negotiable.

Legal basis

Article 4 of the Measures for the Administration of Lawyers' Service Fees.

Lawyers' service fees are subject to the first guide price and the market adjustment price.

Article 5. Law firms provide the following legal services in accordance with the law, and implement the ** guide price:

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.

2. What is the basis for the collection of lawyers' fees?

The lawyer's fee standard is not expressly stipulated in the law, and can be collected according to the local situation and regulations, as follows:

1. Charge by piece, for some cases without a subject amount and cases with a small subject matter, as well as criminal cases, it is usually charged by a piece of money;

2. Charge according to the amount of the target, according to the charging method stipulated by the Bureau of Justice and the first grade, the fee according to the amount of the bid is in a stepped shape;

3. There are two types of risk fees, one is the full risk fee, and the entrusted place does not charge the first fee, and the key is settled after winning the lawsuit or the execution money is received;

4. Another half risk**, part of the fee will be charged when the case is entrusted, and the remaining part of the fee will be charged according to the agreed proportion when the case is won or the execution is completed.

With regard to the standard of payment of lawyers' fees, with the exception of a few provinces and municipalities that have guiding opinions, most of them adopt the method of negotiating fees. Generally speaking, each law firm has its own charging standards, and the lawyer's fee varies from law firm to law firm and to specific lawyer, and some of the differences are relatively large.

The lawyer's fee varies depending on the specific situation, and the fee is also charged according to the level of the lawyer. Attorney fees range from 500 to 10,000 on average.

It will be charged in proportion to the amount of the lawsuit in the case. The proportion of litigation cases varies depending on the nature of the case.

Lawyers' fees are mainly divided into the following types:

1. Regular charges.

According to the regular fees, the fees are charged with reference to the level of litigation procedures, and there are three stages: first-instance fees, second-instance fees, and enforcement procedure fees.

2. Lump sum charges.

Lump sum fee refers to charging a one-time fee to be responsible for the case to the end, and the fee standard is appropriately increased on the basis of the first-instance fee in the regular fee.

3. Risk charges.

The risk fee refers to the fee charged less before the enforcement to the award, mediation and settlement, and the higher fee is charged after winning the lawsuit or the execution to the payment, the upfront fee standard is 2000-10000, and after winning the lawsuit, it is 10-30% of the amount of winning the lawsuit or enforcement. (However, many criminal cases do not allow lawyers to charge at risk.) )

Regarding the fee standard, the lawyer's fee standard is different in different cases, and the specific fee can be consulted and understood according to the actual situation.

There are three main charging models for attorney fees:

1. Conventional fees, 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 lawsuit 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 the lawsuit shall not be filed again 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.

2. Lump sum charge, 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 charge, risk charge refers to the charge of a smaller fee before the execution of the judgment, mediation and settlement, and a higher fee is charged after the lawsuit is won or the payment is executed. 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.

or the actual judicial effect, the attorney's fees are paid on a pro-rata basis. For example, a lawsuit seeks to be paid by the defendant in a debt of $1 million. The risk lawyer does not charge until the end of the case, and the million will be returned, and the risk lawyer will charge up to 30% of the 1 million as the lawyer's fee, that is, less than 300,000 yuan.

There are three main ways to charge attorney fees:

1. Piecework charges. Such as simple legal matters.

2. Charge according to the proportion of the subject amount.

3. Charge according to the working hours.

The specific fee method and amount shall be agreed upon by both parties in the "Lawyer Retention Contract".

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 signing 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.

Legal analysis: The lawyer's service fee is charged according to different service contents, and the standard charged is different.

1. Charge by piece.

1) Provide legal advice, appeals, accusations, and applications for bail pending trial in the investigation stage: 1,500-10,000 yuan;

2) Review and prosecution stage: 2,000-10,000 yuan;

3) First instance stage: 3,000-30,000 yuan.

2. Charge on time.

Criminal, civil, and state compensation cases, as well as appeals in various litigation cases, are charged for 200-3,000 yuan per hour.

Legal basis: Measures for the Administration of Lawyers' 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.

General civil litigation lawyer fee standards: (1) Not involving property relations: 800 yuan and 10,000 yuan; (2) Involving property relations:

The basic service fee for each piece is 1000 2000 yuan. Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions. Amount of the subject matter in dispute Billing rate:

10,001 yuan - 100,000 yuan part 5% 6%; 100001 yuan - 1,000,000 yuan 4% 5%; 1000001 yuan - 5,000,000 yuan 3% 4%; 5000001 yuan - 10000000 yuan part 2% 3%; 10000001 yuan - 50000000 yuan part 1% 2%; 50000001 yuan or more. (1) The review and prosecution stage does not involve the property relationship of the potato delay: 1,500 12,000 yuan; Involving property relations:

It shall be implemented according to 70% of the fee standard for civil litigation cases involving property relations, but the minimum shall not be less than 2,000 yuan. (2) Trial stage: property relations are not involved:

1) Serving as the defendant's defender: 2,500 yuan and 20,000 yuan; (2) Litigants who serve as private prosecutors or victims: 2,000 yuan and 15,000 yuan; Involving property relations:

In accordance with the fee standard for civil litigation cases involving property relations. Article 4 of the "Measures for the Administration of Lawyers' Fees" implements the first guide price and the market adjustment price for lawyers' service fees.