Retrial fee standard

How to charge for a retrial case entrusted by a lawyer depends on the actual situation. Lawyer's fees involve many aspects, which are related to the local fees and the complexity of the case.

Take Beijing as an example:

(a) the agent of first instance.

1, representing criminal cases

According to the complexity of the case and the popularity and practice experience of the lawyer, the fees shall be negotiated within the following scope:

1 investigation stage (including self-investigation by procuratorate): 5000-20000 yuan;

2 review and prosecution stage: 6000-30000 yuan;

3. Trial period: 8,000-50,000 RMB;

4. The negotiation fee for criminal private prosecution and incidental civil action is between 5000 and 50000.

5. For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee shall be charged at twice the above standard.

If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.

(2) Acting as an agent in cases of second instance.

1. If a case is not represented in the first instance but only in the second instance, the agency fee will be charged according to the standard of the first instance, and other handling fees will remain unchanged.

2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.

3. For the case sent back for retrial in the second instance, the agency fee is charged at half of the second instance fee, and other handling fees remain unchanged.

(3) Acting for retrial (appeal) cases

1. If you don't represent the first-instance and second-instance cases for retrial (appeal), the agency fee will be charged at twice the standard of first instance. Other handling fees remain unchanged.

2 cases that have been represented in the first or second instance, the agency fee shall be charged at half of the first or second instance fee. Other handling fees remain unchanged.

(4) Acting as an agent to execute cases.

1. In the case of personal agency execution, the agency fee shall be charged according to the standard of first instance. Other handling fees remain unchanged.

2 cases that have been represented in the first or second instance, the agency fee shall be charged at half of the first or second instance fee. Other handling fees remain unchanged.

Second, the conditions for applying for retrial in civil litigation

(1) The subject applying for retrial must be legal. According to the provisions of the Civil Procedure Law, only the parties in the original trial have the right to apply for retrial, that is, the plaintiff, the defendant, the third party with independent claim and the third party without independent claim who decided to undertake their obligations, as well as the appellant and the appellee.

(two) the object of application for retrial must be a legally effective judgment, ruling and conciliation statement. According to the provisions of the Civil Procedure Law, the parties may apply for a retrial of a legally effective judgment, ruling or conciliation statement. Referees that can apply for retrial include those made by local people's courts at all levels as courts of first instance that can appeal according to law, but the parties failed to appeal within the statutory time limit, those made by people's courts of second instance as final judgments and those made by the Supreme People's Court. The conciliation statement that can apply for retrial includes the conciliation statement made by the court of first instance and the court of second instance according to the conciliation agreement reached by the parties.

(3) The application for retrial must be made within the statutory time limit. According to the provisions of the Civil Procedure Law, a party applying for a retrial shall file an application within 2 years after the judgment or ruling becomes legally effective. If the time limit exceeds 2 years, even if the reasons for applying for retrial are sufficient, the retrial procedure cannot be triggered.

The civil procedure law does not directly stipulate the time for mediation to apply for retrial. However, from the overall spirit of legislation, the time for mediation to apply for retrial should be the same as that for judgment and ruling.

(4) The application for retrial must conform to the legal facts and reasons, and the application for retrial must have legal facts and reasons: when applying for retrial, the parties should have new evidence enough to overturn the original judgment and ruling; The main evidence of the facts ascertained in the original judgment or ruling is insufficient; The application of law in the original judgment or ruling is indeed wrong; The people's court violates legal procedures, which may affect the correct judgment and ruling of the case; When trying a case, the judge is guilty of corruption, bribery, favoritism or perverting the law.

The above knowledge is Bian Xiao's answer to the question "How to charge lawyers for retrial". When entrusting a lawyer for retrial, how to charge depends on the actual situation. Lawyer's fees involve many aspects, which are related to the level of local fees and the complexity of the case. Readers who need legal help are welcome to seek legal advice.