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How much does it cost to hire a criminal lawyer?

Legal analysis:

1. I don't think I need a lawyer to help me.

When encountering legal problems, some people think that laws are just dead clauses. Just like looking in the mirror, you can get the answer by turning over the articles. There is no need to hire a lawyer. The person who reported this knowledge probably went through a lawsuit and hired a lawyer. As a result, they "lost" and they indiscriminately blamed lawyers-lawyers are useless. In fact, some cases are not complicated, but the outcome of the lawsuit is very complicated, which seems to be very beneficial to you. The verdict of the court is quite different from your expectation. There are many reasons for this contrast, such as whether your expectation has a legal basis, what excellent evidence do you have, whether you have a correct understanding of the lawsuit itself, whether the attorney is really working hard, whether he has professional expertise and so on. Another situation is that some people have been exposed to law or litigation without hiring a lawyer and have successful experience, so they are blindly confident. When they encounter legal problems, they always think that law or litigation is a simple matter and can be solved by turning over the law. In fact, the parties who have this understanding have great legal risks. Law is a profound knowledge and a job with strong professional skills. Many legal procedures and restrictions are irreversible. Not to mention litigation skills, besides, the application of law and law are two different things. It will be very dangerous if you act at a loss.

Second, the case does not enter the stage of litigation or even trial, and no lawyer is invited.

Many parties believe that there is no need to hire a lawyer unless the case enters litigation. In fact, whenever you encounter legal problems, you should consult a lawyer. It is wise to spend a small consulting fee (many law firms in small cities do not charge consulting fees), but it can avoid unnecessary waste of money and time. Some parties think it is necessary to hire a lawyer before the case goes to court. China's criminal procedure law stipulates that a criminal suspect can hire a lawyer from the day when he is interrogated for the first time or compulsory measures are taken. When bringing a civil administrative case, the parties may entrust a lawyer to represent them. The law stipulates this in order to give full play to the role of lawyers and safeguard the legitimate rights and interests of the parties. However, some parties' understanding of lawyers is still limited to the court image in TV movies, failing to hire lawyers to represent or defend in time, and missing the opportunity to investigate and collect evidence and take countermeasures. Entrusting a lawyer as soon as possible can effectively safeguard your legitimate rights and interests.

Third, I didn't think of hiring a lawyer until something happened.

In real life, most people wait until they have to or when things come to an end before they think of asking a lawyer for help. You know, the United States has an authoritative statistical agency. According to statistics, the cost of ex post remedy is more than 3.8 times that of ex post prevention. Private enterprises in China, in particular, like to spend a lot of money to treat guests to dinner, singing and dancing, and often spend a lot of money, but they are reluctant to spend money to hire a lawyer who can shelter from the wind and rain and save for a rainy day. They would rather spend a lot of money on lawyers after the accident than spend a little money on disaster prevention. There is no concept of prevention, just blindly pinning everything on the remedy afterwards. I will never spend money to consult or hire a suitable lawyer until I have to or when I am terminally ill. You know, once some "diseases" are infected, no matter how clever a good doctor is, there is nothing he can do. Remember, the cost of prevention is absolutely lower than the cost of solving problems afterwards, no matter in terms of time and money, economy, energy, effect and so on.

4. Making false statements to lawyers.

Lawyers are employed as agents or defenders, and their duties are to safeguard the legitimate rights and interests of the parties, the correct implementation of the law and fairness and justice. However, in reality, some parties only choose to make statements to their lawyers and even produce false evidence. In this way, it is not only difficult for lawyers to grasp the true situation of the case, but also make the analysis and judgment biased, unable to find the most favorable solution for the parties, and even lead to the consequences of losing the case.

5. Blind employment of social black lawyers.

What is a lawyer? I'm afraid many people have a vague understanding that all those who have the title of lawyer printed on their business cards or call themselves lawyers are lawyers; Some units refer to the full-time legal staff of the company as lawyers when recruiting. In fact, these are all misunderstandings. According to the provisions of China's Lawyers Law, a lawyer refers to a professional who has obtained a lawyer's practice certificate and provides legal services to the society. In other words, only those who hold a lawyer's practice certificate (commonly known as a lawyer's license) are real lawyers. A lawyer's practice license must be registered once a year. Those who fail to pass the training examination or fail to pass the annual registration due to administrative punishment are not lawyers as stipulated in the Lawyers Law. At present, there are a large number of "black lawyers" who pretend to be lawyers to handle cases, which not only charges fees indiscriminately, but also the quality of handling cases is quite low, seriously disrupting the legal service market.

6. Do not hire unknown lawyers.

Some parties are influenced by various media, and no matter what disputes they encounter, they all look for well-known lawyers to identify them. A lawyer's fame only means being known by everyone, and his professional field and handling level will not change qualitatively because of his fame. In most cases with little controversial subject matter, it is not necessary to find a well-known lawyer, but to find a lawyer who is really good at this field and conscientious, so as to safeguard his legitimate rights and interests without bearing relatively expensive legal fees. Similar to this misunderstanding, non-highly educated lawyers are not hired; Non-high-title lawyers shall not be employed; Do not hire non-elderly lawyers.

Seven, don't sign an agency contract with a law firm.

Some friends mistakenly believe that hiring a lawyer only needs to reach an entrustment agreement with the lawyer himself and does not need to sign an entrustment contract with a law firm. Some lawyers introduced by relatives and friends don't even have a power of attorney agreement, but only signed a few power of attorney. China's "Lawyers Law" stipulates that when a party hires a lawyer, it must first sign an agency contract with the law firm to clarify the agency matters, agency authority, agency period, etc., and accept the lawyer appointed by the law firm to represent or defend. If there is no legal contract, there will be disputes over the agency authority or the lawyer's behavior will damage the legitimate rights and interests of the parties, which will bring inconvenience to solving the problem.

8. Lawyers who do not engage in litigation shall not be employed.

As far as litigation cases are concerned, the parties need to evaluate the cost of expenditure and the risk of obtaining income, so the favorite question is "Can the lawsuit be won?" Lawyers who answer "yes" will be hired, and those who answer "no" will not be hired. In fact, all prudent lawyers will not easily come to the conclusion of "stable win" and success rate. Litigation activities need to rely on evidence to restore the facts that have happened, explain the facts that are happening, and clarify the legal relationship and legal application. Therefore, lawyers can at most make a preliminary judgment on whether it is favorable or not based on the evidence provided by the parties. It is also a very irresponsible commitment to falsely claim that 100% of the lawyers who win the case violate the practice discipline.

Nine, the lower the lawyer's fee, the better.

Some parties like to "shop around" when looking for a lawyer, then think they have "figured out" the price of the lawyer's fee, and finally entrust a lawyer with a lower fee. This is actually not smart. Because lawyers provide professional services, not clothes and furniture, these can obviously be "materialized". The cost of lawyer service is the time and energy paid by lawyers. When charging fees, lawyers will consider the unified standards stipulated by the state, and estimate in advance the difficulty of the case, their own strength, the time and energy they need to pay, and then determine the amount of fees. Lawyers' low fees are just malicious competition, and then they will inevitably reduce their time and energy costs when serving, but these parties may not see that they are the losers. If litigation is compared to war, lawyers are like soldiers. Although I will not defect to the enemy because of "paying", it is not known whether I will go forward bravely.

As long as you hire a lawyer, everything will be fine.

Many parties think that as long as a lawyer is hired, a lawyer will worry about everything. In fact, it is very important to maintain a harmonious and positive relationship with lawyers after you hire them. As a lawyer, I have the responsibility to inform you of the progress of the case regularly by phone or in person; The parties should actively cooperate with the lawyer's work, such as actively providing evidence clues to the lawyer, so that the lawyer can clearly understand your expectations and thoughts on the case in time, which is of great help to win the case or reduce losses.

As long as you know the law, you don't need a lawyer.

Legal affairs, especially litigation cases, require extremely professional knowledge and experience, and even lawyers themselves should continue to learn and study. Therefore, unless the economic situation is particularly difficult, the parties still need to hire a lawyer to deal with it, at least they should consider seeking the help of the legal aid center. Few people think that they can do internal medicine surgery by reading a book, but some clients go to various law firms to consult the same question, and gradually feel that there are so many lawyers, and even directly interrupt the lawyer's inquiry, "I only ask this question", "That has nothing to do with this" and "You just need to tell me which legal basis." . In fact, the lawyer's reply in consultation can only be a preliminary judgment, only paying attention to the most direct provisions, so the views are similar. Only after accepting the case, the lawyer will fully study the details with evidence. On this basis, the parties think that "the case is very simple", and the lawyer is "just talking", feeling that he is competent, and the result is more likely to be lost because of small.

Twelve, the level of lawyers who lost the case is not good.

After losing the case, the interests won by the parties have not been realized, and they have paid legal fees, attorney fees and time and energy in vain, and often change to another lawyer to represent them when appealing. This understanding of the parties is wrong, because litigation and risk are inseparable and involve all aspects of society. If the lawyer is extremely optimistic before accepting the entrustment, careless in handling affairs, and seriously improper in giving up and using evidence, then the hired lawyer has a certain dereliction of duty. In this case, you can consider changing lawyers. However, if the parties themselves have objective difficulties in providing evidence, lawyers do their best under unfavorable circumstances, or because of other social factors, even if they lose, they can't blame lawyers. It is not good to take it out on the lawyer without analysis, which is not conducive to the smooth resolution of the case. In fact, there is no lawyer who doesn't want his client to win the case, because every case is also a lawyer's work, so it is undoubtedly unwise to change a lawyer who is not familiar with the case easily.

Thirteen, look at the "length of service" and ask a lawyer

There is an unwritten custom among the people. It seems that "old doctors", "old professors" and "old lawyers" are all more popular as they get older. "I've been a lawyer for n years", and the parties will naturally think that "the older lawyers get, the more popular they become". In fact, the particularity of lawyer's work requires lawyers not only to have rich experience in handling cases, but also to have abundant energy to keep abreast of the trend of the legal system. Under the condition of continuous diligent study, with the growth of age, it may become more popular. If you only divide by age, you are probably a lawyer aged 30-50, with more social experience, calmness and some youthful years. Whether the experience is rich or not, time is not the most important inspection index, but should be the experience and summary of handling cases. Not all legal experience is useful. An old lawyer who does not make progress and muddles along, although he has served for a long time, can only be regarded as a spicy ginger at best.

Legal basis:

Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers may engage in the following businesses:

(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;

(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;

(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;

(four) to accept the entrustment and represent the complaints of various litigation cases;

(five) to accept the entrustment and participate in mediation and arbitration activities;

(6) Accepting entrustment to provide non-litigation legal services;

(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.