[Direct answer]In the Beijing area, there is no nationwide standard pricing for attorney fees in criminal cases. Instead, a combination of government-guided prices and market-regulated prices is implemented, with the fees determined through negotiation between the client and the law firm in the agency contract. There are three common billing methods: charging by litigation stages, which involves quoting separate prices for investigation, review of prosecution, first-instance trial, second-instance trial, and appeal; charging by case or hour, which applies to consulting, meetings, or single legal matters with clear workloads; and comprehensive charging, which packages multiple stages into a single agreement. The fee level is typically influenced by factors such as the complexity of the case, the nature of the charge, the number of defendants involved, the volume of case files, and whether it requires out-of-town litigation or appraisal and evaluation. There are two important points to note: First, according to Article 11 of the "Measures for the Management of Lawyer Service Fees" (implemented on December 1, 2006), it is prohibited to charge risk-based fees for criminal litigation cases. Any agreement that stipulates a proportional share of fees based on an acquittal or a lighter sentence is not in compliance with regulations. Second, whether expenses such as travel, appraisal, translation, and retrieval of case files are included in the attorney fees should be clearly stated in the contract.Criminal defense and criminal case filingYou can view similar questions in this column.

I. Problem Background and Typical Scenarios

When families consult about legal fees, they are usually in one of the following situations: First, the family member has just been detained by criminal custody, and the family only received a detention notice. They need to decide within a limited time whether to hire a lawyer and at which stage to do so. Second, the case has entered the review and prosecution stage, and the family is worried that not hiring a lawyer earlier may lead to missed opportunities. They want to know the cost and effectiveness of hiring a lawyer at this stage. Third, the first-instance judgment has been issued, and the family is considering appealing or filing a complaint. They need to understand the differences in fees between the second-instance and the complaint. Fourth, the case involves multiple defendants or cross-provincial litigation, with a large number of case files, and the quotation is significantly higher than that of ordinary cases. In addition, if the case involves a company, it is necessary to handle both the company's responsibilities and the individual's responsibilities simultaneously, making the workload and fee structure more complex. When handling such cases in the Beijing area, lawyers usually conduct a case file evaluation first and then provide a phased quotation. When comparing different solutions, families should focus on checking the service content rather than just the price. For cases involving criminal risks and compliance rectification of the company, they can refer to it at the same time.Intellectual property protection and corporate lawColumn.

II. Key points of contention

Focus One: The choice of fee models. Phased charging makes it easier to entrust services as needed, while package charging may be more convenient but requires clear delineation of service boundaries at each stage. Focus Two: Whether the fees cover subsequent procedures such as second-instance trials, retrials, and enforcement. Services not specified in the contract typically require separate engagements. Focus Three: The method of bearing case-handling expenses. Whether travel, accommodation, appraisal fees, translation fees, and copying and file retrieval fees are included in the attorney's fees. Focus Four: The boundaries of contingency fees. Contingency fees are prohibited in criminal litigation cases, and caution should be exercised when encountering agreements involving profit-sharing. Focus Five: The modification and termination of the client-attorney relationship. The fee settlement method for premature termination of the contract should be agreed upon in advance. Focus Six: The application of legal aid. Those who meet the criteria for economic hardship or fall under statutory notice defense circumstances may apply for legal aid. Focus Seven: It is not advisable to appoint the same attorney for multiple defendants to avoid conflicts of interest. Specific fees shall be subject to local guidance standards and the provisions of the client contract.

III. Professional analysis by Henglue Lawyers

The differences in attorney fees for criminal cases essentially stem from the disparity in workload and professional input. Taking the criminal and civil litigation case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example: On the night of June 16, 2024, in the laboratory of a concrete mixing station, staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had a dispute with the defendant, Zhang Daqiang, which was eventually resolved. However, after being sent back to his dormitory, Zhang Daqiang failed to calm down and immediately drove a white SUV at a speed of approximately 60 to 62 kilometers per hour into the laboratory, smashing the door and crashing through the back wall, resulting in the instant death of Zhao Gang, injuries to Zhang Bin and Li Yuanzheng, and the involvement of Zhou Xiaohua. The victim's wife, Liu Shufen, entrusted Attorney Liu Liqiang to represent her in the civil litigation. The workload involved in this case directly demonstrates the source of fee differences: Attorneys need to comprehensively review physical evidence, documentary evidence, witness testimonies, the defendant's confessions, appraisal opinions, on-site inspection transcripts, and audiovisual materials, and systematically sort out the evidence chain item by item; they need to organize defense opinions around four aspects: subjective intent, voluntary surrender, victim's fault, and the determination of the crime; they need to conduct cross-examination and debate in court and provide opinions on sentencing. The court ultimately adopted the defense opinions, sentenced Zhang Daqiang to death for intentional homicide, and supported the victim's family's request for civil compensation. In ordinary cases such as theft and dangerous driving, the case files and disputed points are relatively limited, and the workload and fees naturally differ. Additionally, if the case requires meetings in other locations, applying for appraisals, or retrieving overseas materials, the case handling expenses will also significantly increase. Therefore, when families are reviewing quotes, they should comprehensively evaluate the case stage, case file size, and expected workload, rather than simply comparing prices horizontally.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, it is necessary to clarify the billing model and the division of stages before entrusting the lawyer. The contract should specify whether it includes the investigation, review and prosecution, first instance, second instance and appeal stages, as well as whether it includes the representation in related civil litigation. The description of the relevant procedures can be referred to for reference.Criminal defense and criminal case filing1. The first point is to establish a clear case-handling fee structure, including the division of responsibilities for various expenses such as travel, appraisal, translation, and document retrieval and copying, and to retain receipts for verification purposes. 2. The second point is to strictly refrain from using risk-based fees. If a client proposes a fee-sharing arrangement based on acquittal or a reduced sentence, the lawyer should refuse to accept such terms. 3. When a client meets the criteria for economic hardship or is eligible for statutory legal aid, the lawyer should apply to the legal aid agency for the appointment of a lawyer. 4. For cases involving multiple defendants, each defendant should separately retain a different lawyer to avoid conflicts of interest. 5. After retaining a lawyer, the client should actively maintain communication with the lawyer to understand the progress of meetings, document review, and court hearings. Legal basis: The "Measures for the Administration of Lawyer Service Fees" (effective December 1, 2006) regarding government-guided prices, market-regulated prices, and Article 11 prohibiting risk-based fees in criminal litigation cases; the "Law on Legal Aid of the People's Republic of China" (effective January 1, 2022) regarding the scope of legal aid and application procedures; specific fees shall be subject to local guidance standards and the provisions of the retainer contract.

5. Henglu Law Firm's Reminder

Firstly, it is not recommended to choose inexperienced services at low prices for criminal cases, nor should you only focus on the quote and ignore the service content and the commitment of the handling lawyer. Secondly, it is a common practice to entrust the case in stages, but the connection between each stage is very important. The defense ideas and evidence materials formed in the previous stage should be continued in the subsequent stage. Thirdly, any promise to guarantee innocence or a light sentence does not comply with professional norms or legal regulations. Fourthly, the entrustment relationship should be confirmed by a written contract, as oral agreements are prone to disputes over fees and scope. Fifthly, legal aid is a statutory right for eligible parties, and families with financial difficulties can actively apply for it. Sixthly, the more significant the case and the more voluminous the case file, the earlier it should be entrusted, so as to leave sufficient time for reviewing the case file, meeting with the lawyer, and analyzing the evidence.

VI. Frequently Asked Questions

Q1: Can criminal cases be charged based on the outcome?

No. According to Article 11 of the "Measures for the Administration of Lawyers' Service Fees", it is prohibited to charge a contingency fee for criminal litigation cases. Any agreement that stipulates a proportional share based on an acquittal or a light sentence is not in accordance with the regulations.

Q2: What is the standard for determining legal fees?

For criminal cases, the attorney's fees are set based on a combination of government-guided rates and market-regulated rates, which are determined through negotiation between the parties. The fees are primarily determined based on factors such as the complexity of the case, the nature of the charges, the number of individuals involved, the volume of case files, and whether it is necessary to handle the case in a different location.

Q3: Is it possible to only entrust the investigation stage?

Yes. In practice, it's common to appoint lawyers at different stages such as investigation, review and prosecution, first-instance trial, and second-instance trial. However, it is recommended to make clear provisions in the contract regarding the connection between subsequent stages and whether separate fees will be charged, in order to avoid disputes.

Q4: Are travel and appraisal fees included in the attorney's fees?

These expenses are usually not included and need to be explicitly stipulated in the entrustment contract. Expenses such as travel, accommodation, appraisal, translation, retrieving archives, and photocopying are generally settled on a real basis. It is recommended to request receipts for verification purposes.

Q5: What should I do if I can't afford a lawyer?

Parties who meet the criteria for economic hardship may apply for assistance from legal aid agencies in accordance with the Law of the People's Republic of China on Legal Aid; if the case falls under the circumstances requiring statutory notification for defense, the case-handling organ will also notify the legal aid agency to appoint a lawyer in accordance with the law.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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. If you encounter disputes, please consult a practicing lawyer in time.