How are attorney fees calculated, and how are attorney fees generally calculated

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.

Attorney fees are set by the province, so please refer to them. Specifically, it is necessary to consult with the lawyer, depending on the facts of the case and the lawyer's ability and level of work. The counterclaim of the other party may not be charged with additional attorney's fees. Appeals are different cases and additional attorney's fees should be charged, but concessions may be made at the discretion of the case.

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.

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.

General Civil Litigation Lawyer Fee Standards:

1) Not involving property relations: 800 yuan 10,000 yuan;

2) Involving property relations: 1,000 2,000 yuan per basic service fee. Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions.

The billing rate of the subject matter in dispute: 5% of the part of 10,001 yuan - 100,000 yuan, 6%; 100001 yuan - 1,000,000 yuan part 4% 5%; 1000001-5,000,000 yuan, 3% 4%; 5000001 yuan - 10000000 yuan part 2% 3%; 10000001 yuan - 50000000 yuan part 1% 2%; $50000001 or more. Generally speaking, each law firm has its own fee standard, and the lawyer's fee varies from law firm to law firm and to specific lawyer, and some of the differences are relatively large.

When determining the lawyer's fee, the average local lawyer's fee should be considered first, and secondly, the actual situation of the lawyer and the law firm should be considered. Generally speaking, the lawyer's educational background, qualifications, time spent working as a lawyer, previous work performance, work experience in the professional field, the size and performance of the law firm, and the protection conditions that may be provided are all important factors affecting the lawyer's fee. If you need legal help, readers are welcome to Hualu.com for legal consultation, and Hualu.com's professional lawyer team will answer your doubts in a timely manner, so that you can protect your rights and interests in a timely manner.

Extended information: Cases without property disputes: ordinary civil, economic, and administrative cases, which do not involve property, will be negotiated between 6,000 and 100,000 yuan according to 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 basis: Article 5 of the "Measures for the Administration of Lawyers' Service Fees" 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;

According to different service contents, lawyer service fees can be charged by piecework, charged according to the proportion of the subject amount, hourly fees, and risk charges.

Attorney fees have the following characteristics:

1. Lawyers shall uniformly collect fees in the name of their law firm, and must not privately collect lawyers' fees.

II. 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 fees, forensic fees, etc.

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

Lawyer service fees can be based on different service contents, e68a8462616964757a686964616f31333433616232 adopts piecework charges, proportional fees according to the subject amount, hourly charges, risk charges, 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.

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, or settlement payment, and charging a higher fee after winning the lawsuit or enforcing the payment. 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.

In short, the method of lawyer's fees and the amount of lawyer's fees charged are determined by the lawyer and the client through negotiation within a certain range. The specific cost of a particular case and the amount of attorney's fee should be determined in consultation with the individual lawyer.

Generally speaking.

There are two modes of collection of attorney fees.

1.Normal bai is generally ex-ante, that is.

When you sign the contract with the law firm or lawyer DAO, you will agree on the ** fee or defense fee. This must be paid in advance.

2.Risk**, the parties and the lawyer agree to pay only a small part of the fee or not pay the fee in advance, and after the case is concluded, according to the subject amount. 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! To sum up, the upfront payment fee is small!

Risk**, the risk coexistence of the lawyer and the client, the cost is high!

The method chosen by the trustee to pay the lawyer's fees can be agreed with the lawyer in the retention contract. In addition, in China, lawyers are subject to the management of lawyers associations, and there is a fixed proportion standard for lawyers' fees. Lawyers are required to charge attorney fees within the limits of industry standards, and violators will be considered a violation and given certain penalties.

1) **Civil litigation cases;

1) Not involving property relations: 800 to 10,000 yuan.

2) Involving property relations: 1,000 2,000 yuan per basic service fee.

Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions.

The amount of the subject matter in dispute is billed at the rate.

10,001 yuan-100,000 yuan part 5%-6%.

100001 yuan - 1,000,000 yuan part 4% 5%;

1000001-5,000,000 yuan: 3%-4%.

5000001 yuan - 10000000 yuan part 2% 3%;

10000001 yuan - 50000000 yuan part 1% 2%;

$50000001 or more.

2) **Administrative litigation cases;

1) Not involving property relations: 1,000 to 10,000 yuan;

2) Involving property relations: It shall be implemented in accordance with the fee standard for civil litigation cases involving property relations.

3) ** State compensation cases;

(i) Not involving property relations: 800,8000 yuan;

2) Involving property relations: In accordance with the fee standard for civil litigation cases involving property relations, the fee shall be reduced by half, but the minimum shall not be less than 1,000 yuan.

4. Handling criminal litigation cases.

i) Investigation Phase:

1. Provide legal advice: 300,500 yuan.

2. Application for release on bail pending further investigation: 500 to 3,000 yuan.

3. **Appeals and accusations: 1,000 10,000 yuan.

2) Review and prosecution stage:

1. Not involving property relations: 1,500 to 12,000 yuan.

2. Involving property relations: 70% of the fee standard for civil litigation cases involving property relations shall be implemented, but the minimum shall not be less than 2,000 yuan.

iii) Trial Phase:

1. Not involving property relations:

1) Acting as the defendant's defender: 2,500 20,000 yuan.

2) Litigants who serve as private prosecutors and victims: 2,000 15,000 yuan.

2. Involving property relations: in accordance with the charging standards for civil litigation cases involving property relations.

5. **Appeals in various litigation cases.

1) Not involving property relations: 1,000 to 10,000 yuan;

2) Involving property relations: It shall be implemented in accordance with the fee standard for civil litigation cases involving property relations.

6. Hourly Charges.

To handle the legal services listed in items 1 to 5 of this standard, hourly fees can be used, and the charging standard is: 100 2000 yuan per hour. if it is less than one hour, it will be counted as one hour; The time spent on the journey when handling legal services is calculated in half.

7. This standard is calculated in RMB.

8. This standard shall be implemented from May 1, 2009 and shall be valid for two years; After the expiration of the period, the Provincial Price Bureau and the Department of Justice shall make adjustments according to the economic and social development of the province.

The lawyer's fee standard is as follows: 1. The fee standard for charging according to the hourly charging method: 200-3000 yuan per hour; Second, according to the piecework charging method of charging standards:

1. Criminal: Investigation stage: 2,000-6,000 yuan; 2. Civil and administrative litigation that does not involve property:

3000-20000 yuan; Wait a minute.

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

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

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.

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.