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Fees charged by lawyers in fraud cases
(1) If the property relationship is not involved, the standard fee is 5, -3, yuan/piece, which can be raised reasonably.
(2) If the property relationship is involved, the fees will be accumulated in proportion according to the amount of the disputed subject matter:
1. The fees for the part below 1, yuan (including 1, yuan) will be 8%-1%, and those less than 5, yuan will be charged at 5, yuan/piece;
2. The portion from RMB 1, to RMB 5, (including RMB 5,) is 7%-9%;
3. 6%-8% of the portion from 5, yuan to 1 million yuan (including 1 million yuan);
4. 5%-7% of the RMB 1 million to RMB 5 million (including RMB 5 million);
5, 5 million yuan to 1 million yuan (including 1 million yuan) is 4%-6%;
6. 3%-5% of the 1 million yuan to 2 million yuan (including 2 million yuan);
7, 2 million yuan to 5 million yuan (including 5 million yuan) is 2%-4%;
8, 5 million yuan or more is 1%-3%.
II. Relevant provisions of the Measures for the Administration of Lawyers' Service Fees
Article 5 Law firms shall provide the following legal services according to law at government-guided prices:
(1) Acting as agents in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) representing the state in compensation cases;
(4) providing legal advice to criminal suspects in criminal cases, representing appeals and accusations, applying for bail pending trial, and acting as defendants' defenders or private prosecutors or litigation agents of victims;
(5) Acting as an agent for complaints in various litigation cases.
the fees charged by law firms for providing other legal services are subject to market-regulated prices.
article 6 the benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the central government in conjunction with the judicial administrative departments at the same level.
article 7 the government shall listen to the opinions of all sectors of society when setting fees for lawyers' services, and may conduct hearings when necessary.
article 8 the government shall fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and the charging standard shall be determined according to the average cost of compensating lawyers for social services, plus reasonable profits and statutory taxes.
article 9 the fees for lawyer services subject to market regulation shall be determined by the law firm through consultation with the clients.
The following main factors should be considered in the negotiation of lawyer service fees between law firms and clients:
(1) Working time spent;
(2) the difficulty of legal affairs;
(3) the client's affordability;
(4) risks and responsibilities that lawyers may bear;
(5) the social reputation and working level of lawyers.
Article 1 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
charging in proportion to the bid amount is applicable to legal affairs involving property relations;
Time charge can be applied to all legal affairs.
The above is the specific determination of the lawyer's charging standard in criminal cases of fraud. The handling of relevant matters needs to be strictly based on the actual facts and consequences involved. If the handling of relevant situations is unclear, an agreement can be reached through consultation with lawyers and a legal service contract can be signed.
What are the criteria for filing a fraud crime?
Those who defraud public or private property with a value of more than 3, yuan to 1, yuan and more than 3, yuan to 1, yuan and more than 5, yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law of the People's Republic of China. By sending short messages and making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority; Fraudulent disaster relief and emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials; Fraud in the name of disaster relief fund-raising; Cheating the property of the disabled, the elderly or the disabled; Causing the victim to commit suicide, mental disorder or other serious consequences.
Legal basis:
Article 9 of the Measures for the Administration of Lawyers' Service Fees shall be determined by the law firm through consultation with the client.
article 1 of the measures for the administration of lawyers' fees. according to different service contents, lawyers' fees can be charged by piecework, in proportion to the bid amount and by time. Piece rate is generally applicable to legal affairs that do not involve property relations; Charge according to the proportion of the bid amount is applicable to legal affairs involving property relations; Time charge can be applied to all legal affairs.
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