[Direct answer]In the Beijing area, criminal defense fees are usually not directly linked to the outcome of the case. The "Measures for the Administration of Lawyer Service Fees" (implemented on December 1, 2006) divide lawyer service fees into government-guided prices and market-regulated prices, and explicitly prohibit making promises about the outcome of criminal cases or charging fees based on the risk of litigation. In practice, criminal cases are often charged on a piecework basis or separately for the investigation, review and prosecution stages, or a one-time all-inclusive fee may be agreed upon. For a small number of cases, fees may be charged based on the amount of work involved. The more work involved in meetings, reviewing case files, and investigating and collecting evidence, the higher the fees usually are. Any quotes promising a commission based on acquittal, probation, or bail are not in line with professional norms, and clients should exercise caution. Before entrusting a lawyer, a written agency contract should be signed, specifying the fee method, amount, and fee boundaries to avoid disputes during the process.

I. Problem Background and Typical Scenarios

After family members are subject to compulsory measures in criminal cases, the parties are most concerned about two things: whether they can achieve a favorable outcome, and how much it will cost. Typical scenarios include: family members comparing prices among multiple law firms and feeling at a loss when faced with widely varying quotes; some agencies attract clients by touting their ability to bail people out or secure lenient sentences; and in cases still in the investigation stage, clients may not know whether to hire a lawyer for a specific phase or for the entire process. When handling criminal cases in the Beijing area, lawyers usually provide a fee proposal after the first meeting, taking into account the charges, circumstances, and the current stage of the case.Criminal defense and criminal case filingIn business, quotes usually specify the scope of services and the composition of the workload.

II. Key points of contention

First, the focus is on the billing method: lump-sum, stage-based, or hourly. Second, whether contingency fees can be applied to criminal cases. Third, whether the fees include actual expenses such as travel, appraisals, and expert testimony. Fourth, whether separate fees are charged for procedures such as first-instance, second-instance, and retrial, as well as the review of the necessity of detention. Fifth, how to settle accounts when changing or terminating the contract midway. The root of many disputes lies in unclear pre-contract agreements, with post-contract negotiations often being passive. Transparent fees and clear service scopes are the basic standards for judging whether the quote is reasonable.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a defense case for intentional injury: The client was detained on suspicion of intentional injury on July 13, 2024, and was arrested on July 26 after being approved by the prosecutor's office. He was detained in the Daxing District Detention Center in Beijing, which far exceeded the commonly mentioned "golden 37-day period". After the family entrusted the firm's lawyers to act as defenders, the lawyers focused on the key points of admitting guilt and showing remorse, obtaining the victim's forgiveness, being a first-time offender, and posing no social danger, and applied to the procuratorial organ for a review of the necessity of detention in accordance with the law. Despite the public security organ's refusal to change the coercive measures, the lawyers continued to communicate with the case-handling organ and the procuratorial organ. After review, the procuratorial organ concluded that there was no necessity to continue detention, and ultimately decided to change the coercive measures to bail pending trial, and the client was released after the approval of the arrest. Handling this process required multiple meetings, repeatedly submitting legal opinions, and following up on communication, which clearly required more work than ordinary defense, and the fees charged reflected the workload at different stages rather than being based on the outcome. This case was handled by Beijing Henglue Law Firm.Lu XiaoxueThe attorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, request a written fee proposal before entrusting the lawyer, specifying the billing method, amount, and phase division; Second, focus on confirming whether the number of meetings, review of case materials, application for bail, and review of necessity of detention are included; Third, list actual expenses such as travel, appraisal, and expert argumentation separately, and agree on settlement by invoices, with surplus refunded and deficiency made up; Fourth, stay vigilant against quotes promising guaranteed wins or charging based on outcomes, as such agreements violate professional norms; Fifth, keep payment receipts and communication records to facilitate settlement in case of mid-way changes. Legal basis: The "Measures for the Administration of Lawyers' Service Fees" (implemented on December 1, 2006) regarding government-guided prices and market-regulated prices, and the prohibition of risk-sharing agreements in criminal cases; the "Lawyers Law of the People's Republic of China" (amended and implemented on September 1, 2017) regarding general provisions on lawyers' practice and fees. For criminal defense cases, please refer to the relevant provisions.Criminal defense and criminal case filingFor subsequent civil claims, you may refer to the following for referencePersonal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, criminal defense fees focus on workload and professional input, and it's not appropriate to judge the quality solely based on the price. Secondly, risk-based fees are prohibited in criminal cases, and any promises of charging based on the outcome should be treated with caution. Thirdly, the number of meetings, review of case files, and submission of legal opinions directly reflect the actual input of the defense. Fourthly, phased billing is more common, and it should be confirmed in advance whether the first instance, second instance, and execution are charged separately. Fifthly, the contract of entrustment should stipulate the rules for termination and refund to reduce disputes during the process of mid-way changes. For matters related to criminal defense, you can consult with us through the following channels:Criminal defense and criminal case filingYou can refer to it if you need a comprehensive solution for your service, and it also covers issues related to evidence and appraisalIntellectual property protection and corporate law.

VI. Frequently Asked Questions

Q1: Can criminal lawyers charge fees based on the outcome of the case?

No. It is a basic requirement for lawyers to practice and charge fees that they are prohibited from making promises about the outcomes of criminal cases and from charging fees based on risk-sharing agreements. Quotes promising a commission based on acquittal, probation, or bail results do not comply with regulations, and clients should exercise caution when encountering such situations. A reasonable approach is to negotiate a fixed fee based on the scope of services and workload, and to sign a written agency contract that clearly outlines the rights and obligations of both parties.

Q2: How are fees typically charged for criminal cases?

There are two common methods: first, charging by the piece, that is, agreeing on the overall fee for a case; second, charging by stages, charging separately for investigation, review and prosecution, and trial. A small number of cases can be charged based on the amount of work done. The fee level usually depends on the charge, the complexity of the case, and the amount of work required. For cases involving multiple facts, multiple defendants, or requiring extensive review of documents and appraisals, the fees will be correspondingly higher.

Q3: Can I get a refund if hiring a lawyer doesn't yield any results?

Whether a refund is granted depends on the provisions of the retainer agreement and whether the lawyer has provided the services as agreed. If the lawyer has completed the tasks such as meeting with the client, reviewing the case documents, and submitting legal opinions in accordance with the agreement, a refund will generally not be granted due to unsatisfactory results. However, if there are circumstances where the lawyer fails to fulfill the obligations as agreed, the client may claim corresponding rights in accordance with the contract. Before signing the retainer agreement, it is necessary to include provisions on refunds and termination rules in the contract, and to keep records of communication and work to facilitate verification.

Q4: Is bail pending trial charged separately?

Not necessarily. Some law firms include the application for bail pending trial and the review of the necessity of detention in the investigation stage or the total fees, while others charge separately for these procedures. When entrusting a lawyer, it is necessary to clarify whether these procedures are included in the agreed fees to avoid duplicate charges. If the application for changing the compulsory measures is made after the person has been approved for arrest, the workload and difficulty will be greater, and whether to charge separately should be specified in the contract.

Q5: How to determine whether the quote from a criminal lawyer is reasonable?

This can be judged from three aspects: first, check whether the charging method and amount are written into the written contract; second, check whether the scope of services is clear, and whether it includes meetings, review of case files, legal opinions, and procedures at various stages; third, check whether the lawyer handling the case has the corresponding criminal case-handling experience. It is crucial not to focus solely on the total price and neglect the service content and workload. You should remain cautious about quotes that are significantly lower than the market price or the promised results.

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 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 limit.Criminal defense legal services·Attorney Lu Xiaoxue·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. In the event of a dispute, please consult a practicing lawyer in a timely manner.