[Direct answer]In the Beijing area, lawyers' fees are set by the market. Criminal appeals and retrials are usually charged on a per-case basis or negotiated in stages. The fees mainly correspond to three parts of work: first, retrieving and reviewing all case files from the first and second trials and the original retrial; second, investigating and collecting evidence, conducting on-site verification, and writing appeal materials; third, participating in hearings, interrogations, or retrial trials. According to the relevant provisions of the Law of the People's Republic of China on Lawyers (the latest amendment took effect on January 1, 2018) and the Measures for the Administration of Lawyers' Service Fees, the specific standards are negotiated between the client and the law firm. The aim is to clarify the scope of services, the charging method, and the milestones at each stage before signing the contract, so as to avoid disputes caused by adding items midway through the process.

1. Problem background and typical scenarios

The retrial of criminal appeals is a remedy to correct judgments that have taken effect. The threshold for initiating the procedure is high and the process is lengthy. What families care most about is not just "whether there's any hope", but also "how much it will cost and whether it's worth hiring a lawyer". Since the work in the appeal stage mainly involves reviewing the case files, making arguments, and preparing written materials, the fee structure is different from that of the first and second instance trials. Understanding the fee composition can help make rational judgments.

II. Key points of dispute

First, the charging method: per item, per stage, or per workload. Second, the cost structure: the boundary between attorney fees and reimbursed expenses. Third, the actual distribution of workload: how much time is spent on reviewing documents, gathering evidence, and attending court hearings. Fourth, risks and expectations: the success rate of appeals and the refund agreement.

III. Professional analysis by Henglue Lawyers

The reason why the cost of criminal appeal retrial varies from case to case lies in the differences in the workload of reviewing case files and collecting evidence. Taking a major criminal case handled by Henglue Law Firm as an example: On the night of June 16, 2024, several people in the laboratory of a concrete mixing station had a dispute with the defendant during a drinking party. After being persuaded to stop the argument, the defendant was sent back to the dormitory. However, he then drove at a speed of about 60 to 62 kilometers per hour into the laboratory, causing one person to die on the spot and two others to be injured. After accepting the entrustment from the victim's family to represent them in the criminal and civil litigation, Henglue Law Firm carefully reviewed all the case files, including physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site investigation records, and audiovisual materials. The firm also compared the inconsistencies in the defendant's confessions before and after the incident, pointing out that his claim of brake failure after calling the police and his repeated retraction of his confession did not constitute a voluntary surrender. At the same time, the firm conducted arguments around subjective intent and the definition of the crime, and ultimately the court sentenced the defendant to death for intentional homicide and supported the compensation request. This case shows that the thickness of the case files and the complexity of the evidence directly determine the time and human resources invested by lawyers, which is also the main source of the differences in the cost of appeal retrial. In practice, the fees charged in the appeal stage are usually fixed according to the number of cases or stages, with additional charges for inter-provincial case transfer, expert arguments, or multiple hearings. If the client hopes to link the fees to the outcome, it is important to note that only property-related claims in cases other than identity-related ones may apply to contingency fees, and no guarantees about the outcome are allowed. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. First, the lawyer assesses the facts and legal grounds of the appeal, then discusses the fees; 2. The attorney's fees and reimbursable expenses are specified in the engagement contract, with a clear scope of services; 3. The fees and corresponding outcomes are agreed upon, such as reviewing case files, submitting appeal materials, attending hearings, or appearing in court; 4. Maintain rational expectations regarding the outcome and do not accept any guarantee-based promises. Main Legal Basis: - The Lawyers Law of the People's Republic of China (latest amendment effective from January 1, 2018) regarding lawyers' practice and fees; - The Measures for the Administration of Lawyers' Service Fees on market-regulated prices and fee collection methods; - The Criminal Procedure Law of the People's Republic of China (amended in 2018) on trial supervision procedures; - Specific applications shall be governed by currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Three key points about appeal fees: negotiate on a per-case or per-stage basis, with the cost determined by the amount of evidence reviewed and collected; separate fixed fees from payment on behalf of clients, linking fees to milestones and outcomes; no guarantees of outcomes—first evaluate the grounds, then discuss pricing. For criminal appeals, retrials, and defense cases, please contact us for assistance.Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be combined for difficult and complex situationsSpecial servicesFor cases involving compensation and reconciliation with the victim, the following documents can be used as reference materials:Personal injury and medical disputesFor the column related to the disposal of assets involved in the case, you can learn more about it hereCreditor's rights and debts, and enforcementFor the column, you can consult us about the background of the enterprises involved in the caseIntellectual property protection and corporate lawTeam, for any foreign-related issues, please feel free to contact us\nFinancial capital and cross-border transactions involving foreign entities.Team.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a lawyer to appeal for a retrial?

Although it is not required by law, an appeal must identify specific errors in the original judgment regarding factual findings, the admissibility of evidence, and the application of the law, and these findings must be documented in a formal written format, which requires professional expertise. Having a lawyer review the case file and draft the appeal opinion is usually more targeted and better aligned with the review requirements of the receiving authority than if the family submits the appeal on their own.

Q2: What are the main tasks of a lawyer during the appeal stage?

It mainly includes retrieving and reviewing all case files of the original trial, meeting or visiting relevant personnel, investigating and verifying new evidence clues, writing appeal statements and legal opinions, submitting materials to the court or procuratorial organs, and expressing opinions in hearings or retrial trials. The workload is concentrated on reviewing case files and making arguments, rather than engaging in adversarial proceedings in court.

Q3: How much is the appeal agency fee approximately?

There is no unified standard. Generally, the fees are negotiated between the two parties on a per-case or per-stage basis, depending on the seriousness of the case, the number of case files, and whether it is necessary to transfer evidence and expert opinions across regions. It is recommended to request the law firm to provide a service list and a detailed quotation, clearly stating whether it includes matters such as case file retrieval, hearings, and court appearances, to facilitate comparison.

Q4: How long will it take to get the result of the appeal?

The review process is lengthy and uncertain. It usually takes several months from submitting the materials to receiving the review response, and after entering the re-review process, there is still a hearing to go through, which may take more than a year overall. Precisely because the review process is so lengthy, it's particularly crucial to ensure that the initial materials are solid and well-prepared. It's recommended to thoroughly prepare the reasons and evidence before submitting the materials.

Q5: Can I get a refund if my appeal is unsuccessful?

It depends on the contractual agreement. Most law firms charge fees based on the service process and do not refund fees based on the outcome; if the parties have agreed on terms linked to the outcome, the applicable conditions must be clearly defined within the scope permitted by law. Under any circumstances, lawyers are not allowed to guarantee the outcome of the appeal, and both parties should reach a written agreement on the refund and termination clauses before signing the contract.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.