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Personally, I don't think there is such a need.
If you need a lawyer to write litigation materials for you, such as a complaint, it is best to speak with the lawyer face-to-face so that he can fully understand your specific situation.
If you hire a lawyer to be a ** person, the lawyer's job is to help you draft relevant litigation legal documents. If it's just writing materials, it doesn't seem necessary to do so, and if you don't know the other party very well, how can you easily believe it?
If it is not particularly complicated, the case can be solved by a lawyer, and it does not necessarily have to be a lawyer. The laws that everyone has are basically the same.
I don't know if you are a ** person, you can consult a local lawyer, if the local lawyer can do it, and the contact is convenient, why should you go far away.
Addendum: It doesn't matter if you call their account, at least you have a remittance stub certificate to keep as evidence, it should be fine. If you don't want to continue to ask them to help, you can negotiate with them to see how the money will be refunded.
If the other party does pay for it, you should still show it. Being a lawyer is also about professional ethics, you can't do it for money, if the other party is not authentic, you can complain to the local judicial bureau.
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This person can be reported to the Department of Justice and the Bar Association for the following reasons:
1. It does not meet the standard of lawyer's fee. I received three hundred just by writing a complaint, which should be a violation!! Our local fee for writing a complaint is about 50 yuan.
If you have entrusted him in writing as your **person, you should sign the entrustment contract and execute it according to the contract;
2. In addition, according to the provisions of the "Lawyers Law", a lawyer's practice is to accept cases in the name of a law firm, and it is also illegal for him to directly collect money;
3. There should be a bank stub on his account, which is the most powerful evidence.
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Specific questions can be reported to the local judicial bureau.
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He must have been referring to the indictment.
If you are the defendant, he writes the reply.
The money you give him is just for writing materials? That's expensive.
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Legal analysis: The lawyer's help in writing the complaint costs about 600 2000 yuan. The lawyer writes, revises, and reviews the legal documents on behalf of the lawyer, and according to the nature of the legal documents, the degree of difficulty, and the travel time required for the work, the fee is negotiated between 600 and 2,000 yuan for each trembling silver sail document.
Legal basis: "Interim Measures for the Administration of Lawyers' Service Fees" Article 10: Lawyers' service fees may be based on different service contents, 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 is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters.
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As of August 2020, a lawyer** indictment is required, which is between 600 and 2000 yuan.
From the perspective of charging, customers need to evaluate themselves, and customers' willingness to pay is an evaluation of their own time value. Lawyers' fee expectations are also subject to the cost of time and various factors that affect costs. If there is an intersection between the two parties, then a reciprocal transaction can be formed, that is, the lawyer pays the service to the client.
Therefore, this in itself cannot be completely quantified, but the client and the lawyer make corresponding choices according to their own needs and service levels. Because at the end of the day, the service that the client buys is actually the lawyer's working hours and professional competence purchased.
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Each place is different, and it is about a few hundred dollars.
1. According to the provisions of the law, the court with jurisdiction over the case shall be determined first.
2. File a lawsuit with the court of jurisdiction (written complaint or oral complaint is acceptable), submit relevant prosecution materials to the case filing division, and the case filing division will file the case for registration. Advance payment of court fees is required when filing a case. Based on the circumstances of the case, determine whether to take pre-litigation preservation measures, and if preservation is required, preservation fees and relevant security deposits need to be paid.
3. After the case filing division hands over the case to the specific trial department, it will be assigned to the presiding judge. After receiving the case, the presiding judge shall first notify the defendant to appear in court, receive legal documents such as the complaint, summons, and judicial disclosure notice, and determine the best time. After the defendant was notified, the presiding judge notified the plaintiff to receive the summons.
4. On the date of **, the case shall be tried in accordance with the summary or ordinary procedures of the first instance of the civil case. If both parties reach an agreement, on-the-spot mediation can be conducted; If the dispute between the two parties is large, the trial will be concluded and the court will announce the verdict.
5. After the judgment is rendered, notify the original defendant to receive the judgment, and if the judgment is not satisfied, file an appeal within 15 days from the day after receiving the judgment; If no appeal is filed, the judgment will take effect after 15 days, and both the original defendant and the defendant will have to fulfill their obligations in accordance with the content of the judgment.
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The fee standard of civil complaint varies from place to place, generally around 1000-3000, depending on the situation of the case, the following is the guide price of lawyer service fees in Guangdong Province for reference:
Guangdong Province lawyer service ** guide price.
1. Charging standard according to the hourly charging method: 200 3000 yuan per hour.
Second, according to the piecework charging method of charging standards:
1.Criminal: 1) Investigation stage: 2000 6000 yuan.
2) Examination and prosecution stage: 6,000 to 16,000 yuan.
3) Trial stage: 6,000 33,000 yuan Criminal private prosecution and serving as the victim shall be executed according to the above standards.
Where a criminal case is a group crime or other major or complex case due to a large time or geographical span, the fee standard may be determined through negotiation within a time or multiple of the prescribed standard.
2.Civil and administrative litigation not involving property: 3,000 to 20,000 yuan.
3. Fees for civil and administrative litigation involving property: On the basis of the basic fee of 1,000 8,000 yuan, it will be calculated and accumulated in proportion to the amount of the subject matter of the dispute
Less than 50,000 yuan (including 50,000 yuan): no additional charge.
50,000 100,000 (including 100,000 yuan): 8%.
100,000 500,000 (including 500,000 yuan): 5%.
500,000 1,000,000 (including 1,000,000 RMB): 4%.
1,000,000 5,000,000 (including 5,000,000 yuan): 3%.
5,000,000 10,000,000 (including 10,000,000 yuan): 2%
10 million 50 million (including 50 million yuan): 1%.
More than 50 million yuan:
4. Charging Description:
1.The above fees are allowed to fluctuate by 20%.
2.Aforementioned. 2. The three fee standards and proportions are the fee standards for one trial level or arbitration case in ** litigation case. If the second instance is not first heard, the fee shall be charged according to the standard of the first instance; Where there has been a first-instance trial and then a second-instance trial, or a first-instance or second-instance trial, and then remands for retrial, an application for retrial, or a case for retrial is confirmed, the fee is reduced by half according to the first-instance trial standard; In the case of arbitration, if the arbitration has been carried out, the fee shall be reduced by half according to the arbitration standard in the first or second instance stage of the litigation. Enforcement cases are charged at one trial level.
Where a criminal case is attached to a civil case, the civil portion shall be charged at half of the first-instance trial standard.
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A civil case is called an indictment, and an indictment is a case in which a procuratorate initiates a public prosecution for a criminal offense is called an indictment. I don't know how to write a complaint, there are templates on the webpage, such as borrowing money, you can search for private lending disputes, divorce complaints, traffic accidents, etc., there are all on the Internet, just write according to someone else's model. It is not necessary to find a lawyer for a complaint, and the fee is relatively high, at least 500, usually about 1000.
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How much does a complaint cost?
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Legal Analysis: Yes. The business that a lawyer can engage in includes answering inquiries about the law, litigation documents and other documents related to legal affairs, and the prosecution materials belong to litigation documents.
Legal basis: Article 28 of the Lawyers Law of the People's Republic of China: Lawyers may engage in the following businesses:
1) Accepting the entrustment of a natural person, legal person, or other organization to serve as legal counsel;
2) Accept the entrustment of the parties to civil and administrative cases, serve as the first person to do things, and participate in litigation;
3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, and accept the entrustment of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation;
4) Accept entrustment, ** appeals in various litigation cases;
5) Accept entrustment and participate in mediation and arbitration activities;
6) Accept entrustment to provide non-litigation legal services;
7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.
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1) In property cases, according to the amount or value of the litigation claim, the town shall pay a cumulative amount in accordance with the following proportions: 1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case; 2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2; 4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5. The part exceeding 500,000 yuan to 1 million yuan shall be paid according to the transfer of potato matching photo 1; 6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7. The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8. The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9. The part exceeding 10 million yuan to 20.2 million yuan shall be paid according to the payment; 10. The part exceeding 20.2 million yuan shall be paid according to the payment. (2) Non-property cases shall be paid in accordance with the following standards:
1. Pay 50 yuan to 300 yuan for each divorce case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment. 2. In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 yuan to 500 yuan shall be paid for each case.
If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; The part exceeding 100,000 yuan shall be paid according to the payment. 3. For other non-property cases, 50 yuan to 100 yuan shall be paid for each case. (3) In civil cases of intellectual property rights, where there is no amount or value in dispute, 500 to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases.
4) 10 yuan for each labor dispute case. (5) Administrative cases shall be paid in accordance with the following standards: 1. 100 yuan shall be paid for each administrative case of trademark, patent and maritime affairs; 2. 50 yuan for each other administrative cases.
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With the continuous development of society, our living standards are also improving day by day. Now we are very different in spirit and life than before. Nowadays, due to the continuous economic reform, people's pockets have become thicker.
As the saying goes, the thickness of the wallet is directly proportional to the confidence of the person. Now that people have money, they will not live with trepidation as before, and they have to get by when they have contradictions, after all, life is not easy, but now it is different, and basically unsolvable problems will choose to sue to solve. At this time, we have to hire a professional lawyer to litigate for ourselves.
So how do you calculate the lawyer's fees? The lawyer's fee is mainly determined by the specific situation and complexity of the case, and also related to the quality of the lawyerAfter all, the principle of dividing goods for a penny is applicable in **. Let me give you a brief description of the lawyer's fees.
1.There are no property dispute cases.
Such cases include ordinary civil, economic, administrative and other cases that do not involve property, and will be determined according to the specific nature and complexity of the caseGenerally, it is in the range of 6,000 yuan to 100,000 yuan for the lawyer and the client to negotiate. If it is a civil, economic, administrative and other case from another place and does not involve property, the ** fee will generally not be less than 20,000 yuan. <>
2.Lawyer's letter and legal opinion.
In this case, the lawyer issues a lawyer's letter or relevant legal opinion written document to the client. Generally, the specific ** will be determined according to the complexity of the case, the nature of the case, and the time required for the work. Generally, each serving is between 1,500 yuan and 20,000 yuan.
3.Legal document inquiry or writing.
If you ask a lawyer to write or revise the legal documents for you, it will also depend on the nature of the legal documents, the complexity and the time wasted. Generally, each document is between 600 yuan and 2,000 yuan.
4.The quality and ability of the lawyer.
The lawyer's ** is linked to their own strength, the better the lawyer's winning rate, the higher the money, and the cost of choosing this kind of lawyer is generally about one-fifth higher than that of ordinary lawyers.
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Lawyers are charged on an hourly basis for writing pleadings, and according to the "Chongqing Municipal Guiding Standards for Lawyers' Service Fees", if a lawyer's letter or other general legal documents are formally issued, each case shall not be less than 2,000 yuan.
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