1. Overview of litigation costs.
Litigation fees refer to the fees that parties need to pay to the court when conducting civil litigation, administrative litigation and other legal procedures. The standard of litigation fees is set by the state and varies according to factors such as the type of case and the size of the subject matter.
Main Types of Litigation Costs:
Case Acceptance Fee: The basic fee that needs to be paid when filing a lawsuit, calculated according to the type of case and the amount of the subject matter.
Application fee: Fees to be paid for specific procedures such as applications for property preservation and enforcement.
Witnesses, evaluators, interpreters, etc: Pay according to actual needs.
Examples of legal costs:
Suppose a civil dispute case involves an amount of 100,000 yuan, and the case acceptance fee may be several thousand yuan according to the local court fee standard. If the case requires property preservation or enforcement procedures, an additional application fee will be required.
2. Overview of attorney's fees.
Attorney's fees refer to the fees that parties need to pay for hiring a lawyer** case. Attorney fees vary depending on factors such as the lawyer's qualifications, the complexity of the case, and regional differences.
How attorney fees are billed:
Billed hourly: The fee is calculated according to the lawyer's working hours, which is suitable for simple and straightforward cases.
Billing by phaseSuch as the prosecution stage, trial stage, enforcement stage, etc., suitable for complex and long-term cases.
Billed in proportion to the underlying amount: Fees are calculated according to the amount of money involved in the case, which is common in civil and commercial cases.
Risks**: The lawyer shares a certain percentage of the compensation amount after winning the case, and the risk and benefit coexist.
Examples of legal fees:
Taking a contract dispute involving an amount of 500,000 yuan as an example, if the parties choose to charge according to the proportion of the subject amount, the attorney's fee may be 5%-10% of the subject amount, i.e., 2Between $50,000 and $50,000. If you choose risk**, your lawyer may share 20%-30% of the amount of compensation after winning the case.
3. Problems that need attention.
Cost negotiationWhen choosing a lawyer, the parties should fully negotiate with the lawyer on the issue of fees to ensure that both parties agree on the fee standard and payment method.
Fee breakdownThe lawyer should provide the client with a detailed breakdown of the fees to ensure that the fees are reasonable and transparent.
Contractually agreedWhen the parties sign a contract with the lawyer, they should clearly agree on the terms of the fee standard, payment method, liability for breach of contract, etc.
Civil Procedure Law of the People's Republic of China: Stipulates the basic procedures and fee standards for civil litigation.
Lawyers Law of the People's Republic of China: Clarifies lawyers' practice norms and fee standards.
Local rules and regulations: Each region may formulate more detailed regulations on the collection of litigation fees and attorney fees according to its own circumstances.