(a) as a criminal suspect, defendant's defender, private prosecutor and victim's agent ad litem in criminal cases.
(1) Piece rate is charged at the stages of investigation, prosecution and first instance.
1. The charging standard for the investigation stage is 2000 yuan per piece-10000 yuan.
2. The charging standard at the stage of review and prosecution is 2000 yuan per piece-10000 yuan.
3. The charging standard in the initial stage is 3000-30000 yuan per piece.
(2) In the stages of second trial, death penalty review, appeal and retrial, the lawyer's service fee shall be charged according to the charging standard of the first trial stage.
(3) If the victim files a criminal incidental civil action, which is within the scope of government guidance, the charging standards for civil litigation cases stipulated in this Notice shall be implemented; If it falls within the range of market-regulated prices, the law firm and the client shall negotiate to determine the charging standard.
(4) If a criminal suspect or defendant is involved in several crimes or several criminal facts at the same time, the charges may be charged according to the crimes or criminal facts involved, and the fees may be reduced as appropriate.
(5) For major, difficult and complicated cases, the charging standard can be determined by the law firm and the client through consultation within 5 times (including 5 times) of the prescribed standard. The criteria for determining major, difficult and complicated cases shall be formulated separately by the Municipal Bureau of Justice.
(2) Acting as an agent for civil and administrative litigation cases in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, alimony, social insurance or minimum living allowance, acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition, and acting as an agent for citizens to request state compensation.
(1) charging standard in the initial stage
1. Piece-by-piece charges are applied if the property rights are not involved, and each piece charges 2000- 10000 yuan;
2 involving property rights, according to the proportion of the target amount of the cumulative charge:
Less than 65438+ ten thousand yuan (including 65438+ ten thousand yuan) 2000-65438+ ten thousand yuan.
4%-5% of the 6,543,800 yuan to 6,543,800 yuan (including 6,543,800 yuan).
1 10,000 yuan to 5 million yuan (including 5 million yuan) 3%-4%
5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) 2%-3%
100000 yuan to 50 million yuan (including 50 million yuan) 1%-2%
For some cases of second instance, appeal and retrial of more than 50 million yuan, the lawyer's service fee shall be charged according to the charging standard of the first instance stage respectively.
(3) If the client and the law firm reach an agreement through consultation, they can charge by the hour, and the charging standard is 200-3000 yuan/hour.
(4) The fees for lawyers' services are guided by the government. According to different service contents, it can take the form of piecework fees, proportional fees for the target amount or hourly fees. Only one charging method can be used for the same entrusted matter.
(5) When the same law firm represents the second trial, death penalty review, appeal and retrial of the same case, it shall reduce the fees as appropriate.
Second, the procedure of seeking a lawyer to file a lawsuit.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 1 19 of the Civil Procedure Law. The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, whether it is necessary to hire a lawyer in litigation and the benefits of hiring a lawyer.
If you disagree with the other party on the facts of the case, and the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a great impact on you, you should still invite a lawyer to participate in the whole process. In litigation, lawyers can usually do two things for you:
(1) Run errands to handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with clerks and presiding judges, mediating, appearing in court, etc.
(2) Help you answer questions, reduce the risk of losing and improve the probability of winning. For example, you can ask a lawyer to analyze and suggest what you can say, what you can do, what you can't say, and whether you want to preserve notarization in advance. A lawyer can help you write a list of evidence of the complaint and defense, argue with the other party in court, state your views to the judge, and then negotiate and mediate with the other party.
In a word, the role of a serious lawyer is to save time and energy, improve efficiency and protect legitimate rights and interests to the maximum extent.
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