[Direct answer]In the Beijing area, the process of hiring a lawyer for criminal cases generally consists of five steps: selecting a legitimate law firm and consulting with them in person; verifying the lawyer's practicing license number; signing a written power of attorney and authorization letter; having the law firm charge fees according to the agreement; and the lawyer then proceeds to conduct meetings, submit legal opinions, review case files, and defend in court. Legal representation can be engaged at any stage of the investigation, review and prosecution, and trial, and the earlier the involvement, the more beneficial it will be. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects have the right to engage a defense attorney from the day they are first interrogated or subjected to compulsory measures. The key points of the process can be referred to for reference.Criminal defenseColumn.
1. Problem background and typical scenarios
These types of questions are commonly encountered in several situations: first, when a family member has just been detained by criminal custody, the family members don't know where to start; second, when the case moves from one stage to the next, and they want to add or replace lawyers; third, when the victim's side wants to entrust a lawyer to represent them in the accompanying civil litigation and claim compensation; fourth, when the detainee is held in a different location, and the family members want to first understand the process before deciding to hire a lawyer. When handling similar cases in the Beijing area, the focus of hiring a lawyer at each stage is different: in the investigation stage, the emphasis is on meeting with the detainee and obtaining bail; in the review and prosecution stage, the emphasis is on reviewing the case file and providing opinions on non-prosecution; in the trial stage, the emphasis is on appearing in court to defend the client. For cases involving personal injury and the need to claim compensation, the following can be referred to for reference:Personal injury and medical disputesColumn.
II. Key points of contention
Common disputes in the process: Firstly, the timing of entrustment. Some people wait until the trial to entrust, missing the window for bail and non-approval of arrest; Secondly, unclear agreements in the agency stage, mistakenly believing that signing the contract means everything is settled; Thirdly, entrustment formalities. The lack of power of attorney and proof of kinship may affect the meeting; Fourthly, the victim entrusts a litigation attorney, whose authority differs from that of the criminal suspect's defense attorney; Fifthly, cases involving enterprises and platforms have complex evidence collection and compliance backgrounds, so it is advisable to choose lawyers who are familiar with relevant fields. For reference, please refer to the following link:Business and contract disputes in enterprisesColumn. Specifically, the content is subject to the currently effective laws and regulations and judicial rulings.
III. Professional analysis by Henglue Lawyers
Taking a criminal incidental civil action case of intentional homicide handled by our firm as an example, we can observe the entire process from entrustment to adjudication. On June 16, 2024, Zhang Daqiang drove his car at high speed into the laboratory due to a dispute, resulting in the death of Zhao Gang on the spot and injuries to two others. The wife of the victim, Zhao Gang, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the incidental civil action. After accepting the entrustment, the attorney systematically reviewed the physical evidence, documentary evidence, witness statements, confessions, appraisal opinions, and inspection records, refuting the defendant's defenses of subjective intent, voluntary surrender, and the victim's fault one by one, and advocated for convicting Zhang Daqiang of intentional homicide and imposing a heavier punishment. After the court's trial, it adopted the attorney's opinion, determined that Zhang Daqiang intentionally deprived others of their lives by driving his car, and sentenced him to death for intentional homicide. In the incidental civil action part, the court supported the victim's family's request for compensation. This case was handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice License No.: 11101200910454358, subject to the document issued by the judicial administrative organ). On the defense side, the multiple criminal detention cases handled by our firm also confirm the value of the process: after accepting the client's entrustment, the attorney will meet with the client and verify the case facts as soon as possible, and then submit applications for bail pending trial or review of the necessity of detention according to the legal time points. Many cases have successfully obtained bail within a few days to 30 days after criminal detention. It can be seen that each step of the process has clear goals, and only by proceeding step by step can we make full use of the time window.
IV. Practical suggestions and legal basis
Action recommendations: First, determine the focus of the entrustment according to the different stages. In the investigation stage, the emphasis is on meeting with the client and obtaining bail; in the review and prosecution stage, the emphasis is on reviewing the case file and submitting opinions; Second, prepare all the necessary materials, including the detention notice, ID card, proof of kinship, and power of attorney; Third, sign a written entrustment agreement with the law firm, clearly defining the stages of representation, the matters involved, and the fees. The key points of relevant documents can be referred to for reference.Special services and other cases1. The column; 2. The fourth is that if the victim's side entrusts a lawyer, it shall clearly specify the scope of compensation and the list of evidence in the accompanying civil lawsuit; 3. The fifth is to maintain communication after entrusting a lawyer and listen to the lawyer's evaluation of bail, sentencing, and procedures at key stages. 4. In terms of legal basis, Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the time for entrusting defense, and Article 39 guarantees defense lawyers' meetings; Article 25 of the Lawyer Law of the People's Republic of China (amended on September 22, 2017) stipulates that lawyers shall accept entrustments and collect fees through law firms in a unified manner when handling cases.
5. Henglue Law Firm's Advice
Risk Warning: Firstly, the agency agreement must clearly specify the agency phase and matters. Oral promises of "handling everything" are unreliable. Secondly, fees should be paid through the law firm and receipts should be requested. Private transfers lack protection. Thirdly, tasks at different stages require timely evaluation to determine whether additional agency is needed. Fourthly, family members should provide accurate and complete information about the case. Concealing information will mislead the defense plan. It is recommended to proceed through the legal process in accordance with the above suggestions.Beijing Henglu Law FirmThe appointment for an interview in the criminal section of the official website is proceeding steadily according to the established process.
VI. Frequently Asked Questions
Q1: At which stage of a criminal case is it most beneficial to hire a lawyer?
Every stage has its value, and the earlier and more proactive you are, the better. In the investigation stage, lawyers can meet with clients, understand the charges, apply for bail, and submit opinions against arrest, which is a crucial window for securing personal freedom. In the review and prosecution stage, they can review case files and submit opinions against prosecution or for reduced charges. In the trial stage, they focus on conducting trial defense and sentencing defense. After the prosecution is approved, they can also apply for a review of the necessity of detention. In many of our firm's cases, clients were granted bail within a few days to 30 days after the investigation stage. If the budget is limited, priority should also be given to securing legal representation in the investigation stage.
Q2: What procedural materials do I need to prepare when hiring a lawyer?
The family members need to prepare the following documents: their own ID cards; household registration books, marriage certificates, or certificates of kinship issued by relevant departments to prove their relationship with the client; detention notices or information from the case-handling authorities; and power of attorney and agency agreements, which will be provided by the law firm. Lawyers can conduct their first meeting with the client by presenting their practicing certificates, law firm certificates, and power of attorney or legal aid letters. If all the required materials are complete, the meeting and procedural processing time can be greatly shortened. It is recommended that all the materials be submitted on the same day of the entrustment to avoid missing any deadlines.
Q3: How are attorney fees charged for criminal cases?
Criminal defense attorney fees are generally charged separately for three stages: investigation, review and prosecution, and trial. Alternatively, a flat-rate package fee may be negotiated, with the amount determined based on the severity of the crime, the complexity of the case, and the attorney's qualifications. There is no standardized pricing. Separate services such as bail application and client meetings may be charged separately. When signing a contract, clients should require a written list of fees, services included, and refund provisions. Fees are collected and invoiced by the law firm. Be wary of suspiciously low or exorbitantly high "bail fees." It's advisable to compare quotes from two or three firms before making a decision.
Q4: How long does it take from placing an order to completing the case?
The entrustment itself can be completed on the same day, and the meeting will generally be arranged within 48 hours. The case cycle depends on the stage and the circumstances of the case: in the investigation stage, detention generally does not exceed two months, and the period can be extended according to the law for complex cases; the review and prosecution usually takes one month, and the case may be returned for supplementary investigation; the first-instance ordinary procedure generally does not exceed three months, and the period is longer for major and complex cases. Overall, it ranges from several months to more than a year. The lawyer will inform the progress according to the milestones, and the family can just keep in touch with them.
Q5: What should I ask when I visit a law firm for consultation for the first time?
At a minimum, ask the following five questions: First, the lawyer's preliminary judgment on the suspected charges and the assessment of the possibility of bail or refusal to approve the arrest; Second, the proposed defense plan and the work content at each stage; Third, the agency phase, the fee amount, and the payment method; Fourth, the team configuration and communication frequency; Fifth, the materials that need to be prepared by the family. It is more efficient to bring the detention notice, the proof of kinship, and the interview on the case clues. Criminal defense services can be referred to for reference.Criminal defenseColumn.
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 evidence materials, to avoid missing the statutory time limit. →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 publicly available 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.