1. What is the general civil litigation lawyer's fee?
If the property relationship is not involved or the subject matter in dispute is below 654.38+10,000 yuan (excluding 654.38+10,000 yuan), the basic agency fee of 500 yuan to 5,000 yuan will be charged for each case, and if the property relationship is above 654.38+10,000 yuan, it will be charged in installments according to the size of the subject matter in dispute:
6.5438+10,000 yuan to 6.5438+10,000 yuan (including 6.5438+10,000 yuan), each piece will be charged at 0.5% ~ 3.5%;
1 10,000 yuan to 5 million yuan (including 5 million yuan), each piece will be charged at 1.5% ~ 2.5%;
From 5 million yuan to 6,543.8+million yuan (including 6,543.8+million yuan), 0.5% ~ 654.38+0.5% will be charged for each piece;
0.25% ~ 0.75% will be charged for each item whose price exceeds100000 yuan.
Second, how do lawyers charge for criminal, civil and administrative litigation cases of second instance?
If it has passed the second trial without the first trial, it will be charged according to the standard of first trial; After the first trial and the second trial, it will be charged at 50% of the first-instance charging standard.
Lawyers represent criminal, civil and administrative appeals, retrial and retrial cases, and each case is charged an agency fee of 500 yuan to 3,000 yuan; For retrial and retrial cases, according to the specific circumstances, the fees shall be charged with reference to the charging standards for cases of second instance or first instance.
3. Who will bear the expenses of general civil litigation lawyers?
Unless otherwise specified, the lawyer's fees shall be paid by me, and the legal fees shall generally be borne by the losing party, but it shall still be stated in the litigation request.
The court will not award your lawyer's fee to the losing party.
In our country, lawyer's agency is not mandatory, that is to say, the state thinks that there is no need for a lawyer, so this lawyer's fee is unnecessary, so the court does not support it. Unless it is a special case such as copyright infringement, attorney fees are generally not supported; That's what the law says at present.
Four, what is the principle of civil litigation lawyer fees?
The system design of legal fees and other expenses can not be "one size fits all", but should be rational thinking, follow objective laws and step by step. Generally speaking, the following principles should be followed:
1. Lawyers' fees that meet the requirements of relevant state departments can be compensated;
2. The lawyer's fees in civil litigation are not all borne by the losing party. Generally, only in tort litigation and other types of cases can we consider "calculating the lawyer's fees in accordance with the provisions of relevant state departments within the scope of compensation".
3. The scope of compensation for lawyer's fees is limited to necessary and reasonable fees.
To sum up, you can ask a lawyer to help you with the civil litigation before the trial, but only if you need to pay the lawyer's fee, which will be determined according to different cases. Therefore, when dealing with it, you can consult the local law firm as much as possible and negotiate as much as possible in order to safeguard your rights and interests faster.
legal ground
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: The reasonable expenses paid to stop the infringement as stipulated in Article 56, paragraph 1 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
Article 22 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes: The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation. If the lawyer's fee for a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the reasonable expenses paid for investigating and stopping the infringement.