[Direct answer]In the Beijing area, it is usually possible to negotiate with law firms, but this must be explicitly stated in a written contract. Lawyer service fees are set in accordance with a combination of government-guided prices and market-regulated prices. The fee structure, amount, and payment deadlines for criminal cases are determined through consultation between the client and the law firm in accordance with regulations such as the "Measures for the Management of Lawyer Service Fees" (promulgated by the National Development and Reform Commission and the Ministry of Prices on December 1, 2006, and effective since December 1, 2006), and a written contract is signed. In practice, some law firms may agree on installment payments or phased payments, such as charging fees separately for the investigation, review and prosecution, and trial stages. However, it should be noted that risk-based fees are prohibited in criminal litigation cases, meaning that fees cannot be structured in a way that is tied to the outcome, such as "pay after winning" or "additional fees based on successful bail application". Therefore, while "installment payments" are generally acceptable, pure risk-based fees based on the outcome are generally not allowed in criminal cases.

1. Problem background and typical scenarios

When families consult criminal defense lawyers, one of the most common questions they ask is "Can the fees be paid in installments?" There are typically three scenarios: First, the client's family is financially struggling and hopes to pay in stages to alleviate the pressure; Second, the family is worried about "paying upfront and not getting the service," so they want to agree on fees tied to the outcome; Third, the case is complex and spans multiple litigation stages, requiring clear fees and scope of services for each stage. Law firms in Beijing generally charge fees in a relatively transparent manner, typically issuing written engagement contracts and invoices. If there are disputes over fees, clients can report them to the Bar Association or the price regulatory authorities. Therefore, it is the most reliable approach to formalize the agreement in a contract.

II. Key points of contention

First, how to determine the fee structure and stage division for criminal cases. Second, the scope of application of risk-based fees and the prohibited circumstances for criminal cases. Third, the settlement of fees and termination of the engagement in the event of a breach of contract or termination of the engagement. Fourth, the rules for changing the subject matter of the engagement, replacing lawyers, and refunding fees. Fifth, the subject responsible for paying the attorney's fees and whether it is possible to require the other party or the losing party to bear the costs. Sixth, how to identify illegal promises such as "low price case acceptance", "guaranteed bail", and "guaranteed acquittal". These issues concern the rights and boundaries of both parties. It is far better to clarify these matters beforehand than to engage in disputes afterward.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a criminal case of intentional homicide with a concurrent civil action: On June 16, 2024, after a dispute with Zhao Gang and others at a concrete mixing station, the defendant, Zhang Daqiang, accelerated his car and hit the laboratory, causing Zhao Gang's death on the spot and injuring Zhang Bin and Li Yuanzheng. The victim's wife entrusted Liu Liqiang, a lawyer from Beijing Henglue Law Firm, to represent her in the concurrent civil action. Through in-depth review of the case file and rigorous examination of evidence, the lawyer refuted the defendant's defense arguments regarding subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, insisting on a conviction for intentional homicide and imposing a heavier punishment. The court ultimately adopted the lawyer's opinion and sentenced the defendant to death for intentional homicide. In this case, the victim's family chose to entrust a professional lawyer in their grief and clearly defined the scope of authorization, agency matters, and fee arrangements through a written power of attorney, enabling the case to proceed smoothly. This also shows that once the attorney-client relationship is established, the lawyer must be diligent and responsible, and the fee issue should be discussed and fixed in writing in advance to avoid subsequent disputes. It should be emphasized that in criminal defense and representation, lawyers cannot promise the outcome of the case, and the amount of fees is not necessarily related to the outcome of the case. 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 suggestions: 1. Sign a written power of attorney contract that specifies the fee calculation method, amount, payment milestones, and the scope of the entrusted matters; 2. You may negotiate installment or phased payments, but the amount payable per installment, the payment schedule, and the corresponding services should be clearly stated; 3. Clarify that risk-based fees are not applicable to criminal cases. Be cautious of promises such as "only charging a commission" or "charging high fees after successful bail application"; 4. Require official invoices and retain the contract and payment receipts; 5. Promptly confirm any changes to the scope of the entrusted matters in writing to avoid unclear rights and responsibilities; 6. If encountering unlawful fee charging, you can file a complaint with the bar association or the price regulatory authority. For matters involving criminal defense and representation, you can refer to the relevant guidelines.Criminal defense | Criminal case filingFor services involving compensation and enforcement, you can refer to the relevant information for reference.Creditor-debtor relations | Enforcement casesPlate. Legal basis: The "Measures for the Administration of Lawyers' Service Fees" (issued by the National Development and Reform Commission and the Ministry of Finance on December 1, 2006, and effective from December 1, 2006) regarding the provisions on negotiating fees, written contracts, and prohibiting the implementation of risk-based fees for criminal litigation cases. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the fees can be negotiated, but they must be included in the written power of attorney contract. Secondly, it's common in practice to pay in installments or in stages, but it's important to keep the relevant receipts. Thirdly, there's no risk-based fee arrangement for criminal cases, so be cautious about promises of "pay after winning the case". Fourthly, be wary of cases where the fees are initially quoted at a low price but then increase in stages. Pay close attention to the services provided and the corresponding stages of the case. Fifthly, promises of "guaranteed victory" or "guaranteed bail" are inherently illegal. For matters involving criminal defense and legal representation, you can seek assistance through the following channels:Criminal defense | Criminal case filingYou can combine the overall solution for services, which involves contract review, with it.Business and Commerce | Contract DisputesFor reference, please refer to the section regarding the collection of compensation payments.Creditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: Can risk-based legal representation be used in criminal cases?

Generally, this is not allowed. According to the "Measures for the Administration of Lawyers' Service Fees" (issued by the National Development and Reform Commission and the Ministry of Prices, No. 611 [2006], effective from December 1, 2006), it is prohibited to charge fees on a contingency basis for criminal litigation cases. The reason is that criminal cases involve personal freedom and public order, and lawyers are not allowed to use the outcome of the case as a condition for charging fees, nor are they allowed to promise the outcome of the case. Therefore, agreements such as "no fee if no success" and "fee based on the outcome" are usually invalid in criminal cases.

Q2: Should we include installment payments in the contract?

It should be included in the contract. Whether it's installment payments or phased payments, the amount of each installment, the payment time, the corresponding service phase, and the liability for breach of contract should all be specified in the written agency contract. If there's only an oral agreement, it will be difficult to provide evidence in the event of a dispute. Contracts, payment receipts, and invoices should all be properly preserved, as this is the foundation for protecting one's own rights and interests.

Q3: If the entrustment is terminated in the middle, how will the fees be calculated?

The settlement shall be based on the contractual provisions and the actual services provided. The entrustment contract may stipulate the circumstances for termination and the methods of handling fees; where there is no stipulation or the stipulation is unclear, the settlement shall generally be based on the actual workload completed by the lawyer and the necessary expenses incurred. The remaining part shall be refunded. If there are disputes over the settlement, they may be resolved through negotiation or reported to the lawyers' association or the competent price-setting department.

Q4: Can the attorney's fees be borne by the losing party?

Generally, this is not allowed, unless otherwise stipulated by law or agreed upon in the contract. In civil litigation in China, each party generally bears its own attorney's fees. Only in specific circumstances stipulated by law or explicitly agreed upon in the contract, may the reasonable attorney's fees claimed by the winning party be borne by the other party. In criminal cases, it is usually difficult for the victim to transfer the attorney's fees spent on protecting their rights to the defendant. The scope of compensation in accompanying civil litigation is subject to separate provisions.

Q5: If we hire lawyers at different stages, will the fees be higher?

It's not necessarily the case, but there will usually be slight differences in the total price. The flexibility of commissioning by stages is higher, and you can decide whether to continue based on the progress of the case; while commissioning the entire process at once often leaves some room for negotiation on the overall cost. It is recommended to communicate clearly with the law firm about the scope of services and the division of stages before commissioning, and choose a suitable method based on the complexity of the case and your own budget.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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, to avoid missing the statutory time limits. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If a dispute arises, please consult a practicing lawyer in time.