[Direct answer]In the Beijing area, the fees charged by criminal defense lawyers typically include meetings with clients and reviewing case files, which are the lawyers' statutory basic duties. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers may meet and communicate with detained criminal suspects and defendants, and the detention center shall arrange such meetings promptly, with a maximum time limit of 48 hours, and the meetings shall not be monitored. Article 40 stipulates that defense lawyers may, from the date when the People's Procuratorate reviews and prosecutes the case, consult, excerpt, and copy the case file materials. The contract usually includes the above-mentioned services in the scope of fees, subject to the specific provisions of the contract; at the same time, risk-based attorney fees are prohibited in criminal litigation cases, and parties should pay attention to the compliance of contract terms when signing the contract. For related services, please refer to the following materials:Criminal defenseColumn.

1. Problem background and typical scenarios

Such questions are often encountered in several situations: first, when a family member has just been criminally detained, and they are eager to arrange a meeting but do not understand the fee structure; second, after being detained for several months, they want to know whether the lawyer needs to continue meeting and reviewing the case file; third, when the case enters the review and prosecution stage, the family members ask whether they need to pay additional fees to review the case file; fourth, when comparing quotes from different law firms, they are unsure of the differences in service scope; fifth, when entrusting the case in stages, they worry about price increases in the middle. When handling criminal cases in Beijing, the service scope such as meeting, reviewing the case file, communicating, and appearing in court is usually specified in a written contract. Before signing the contract, the parties should confirm each item one by one. The relevant process can be referred to for reference.Special services and other casesColumn.

II. Key points of contention

First, the contractual definition of the scope of services, including meetings, reviewing case materials, court appearances, and document drafting, should be clearly stated in the engagement contract. Second, regarding the fee structure, both phased billing and lump-sum fees are applicable, but risk-based representation is prohibited in criminal cases. Third, the frequency and necessity of meetings should be determined based on the litigation stage and case progress, rather than fixed commitments. Fourth, there are time restrictions on reviewing case materials. Reviewing case materials can only begin from the date of formal prosecution, and the focus during the investigation stage should be on understanding the case facts and providing legal opinions. Fifth, whether ancillary expenses such as travel costs for case handling will be charged separately. Sixth, the rules for contract termination and fee settlement should be in accordance with current laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the cases handled by our firm, we can see the importance of meeting with clients and reviewing case materials in the defense process. First, in the intentional injury case: The client was detained criminally in July 2024 and approved for arrest in the same month. After the 37-day golden period had passed, Attorney Lu Xiaoxue met with the client multiple times to verify the circumstances of the client's confession and repentance, obtaining a letter of apology, and being a first-time or occasional offender. Subsequently, the firm applied to the procuratorial organ for a review of the necessity of detention, and the procuratorial organ determined that there was no need for continued detention, changing the measure of detention to bail pending trial. The client regained freedom after the approval of the arrest. Second, in the case of provoking trouble: After the client was approved for arrest, Attorney Yuan Hang immediately met with the client to understand the case. Based on the six factors of no social danger, good health, willingness to actively compensate, having a fixed residence, basic facts being clarified, and being a first-time or occasional offender, the firm submitted an application for a review of the necessity of detention. The procuratorial organ subsequently changed the measure of detention to bail pending trial. Third, in the case of self-defense: After reviewing the case materials, the firm determined that the client's actions constituted self-defense and submitted an application for non-prosecution in accordance with Article 20 of the Criminal Law of the People's Republic of China and the relevant provisions of the Criminal Procedure Law of the People's Republic of China. The procuratorial organ subsequently made a decision of non-prosecution. In all three cases, the starting point was meeting with clients to clarify the facts and reviewing case materials to fix evidence, which is the basic step of defense services and is usually included in the scope of the attorney's fees. This case was handled by Beijing Henglu 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: 1. Before entrusting a lawyer, confirm the scope of services in writing, clarify the frequency of meetings, the timing of reviewing case materials, and the stages of court appearances; 2. Prioritize selecting lawyers with extensive criminal defense experience, as the quality of meetings and the ability to review case materials directly affect the effectiveness of the defense; 3. For cases entrusted in stages, pay attention to the provisions for transition between stages to avoid gaps in critical junctures; 4. Verify the lawyer's practice license number and affiliated law firm, and sign a standardized engagement contract issued by the law firm; 5. Remain vigilant against abnormally low quotes or promises of guaranteed outcomes. Legal basis: Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) guarantees defense lawyers' rights to meet and communicate with clients and specifies that meetings must be arranged within 48 hours and not be monitored. Article 40 guarantees defense lawyers' rights to review case materials from the date of review and prosecution. The "Measures for the Management of Lawyer's Service Fees" issued by the National Development and Reform Commission and the Ministry of Justice (effective from December 1, 2006) regulate lawyer's fee management and prohibit contingency fee arrangements in criminal litigation cases.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, meeting with clients and reviewing case files are lawyers' statutory rights and obligations. It is unfounded to charge extra for these services. This should be confirmed in the contract. Secondly, be cautious of fees advertised as "connections", "connections with authorities", or "guaranteed outcomes". Criminal cases are not subject to contingency fees, and false promises often go hand in hand with unethical charging practices. Thirdly, it's normal that lawyers can't review case files during the investigation stage. Lawyers can grasp the case situation through meetings and communication, so there's no need to question their work. Fourthly, in addition to fees, you also need to consider the quality of service. Low-price competition may mean insufficient investment. It is recommended that you...Beijing Henglu Law FirmAfter understanding the criminal defense services on the official website, we will communicate the service plan and fee details in person before signing the contract.

VI. Frequently Asked Questions

Q1: What services are generally included in attorney fees?

It usually includes meetings and communication at various stages of litigation, reviewing the case files submitted by the prosecution, drafting legal opinions, defense briefs, and other documents, as well as appearing in court to defend the client. The contract should list the services, the division of stages, and the charging method item by item. It should also specify whether travel expenses, translation fees, and other miscellaneous expenses will be charged separately. Meetings and case file review are statutory basic duties of defense lawyers and are generally included in the contract fees, so they should not be charged separately. It is recommended to check the contract terms item by item before signing to avoid only receiving verbal promises.

Q2: What is the approximate fee charged by a criminal defense lawyer?

The fees for criminal cases are negotiated on a per-stage or overall basis, and are influenced by the complexity of the case, the amount involved, the litigation stage, and the lawyer's experience, with no uniform standard. At the same time, the fees are managed by both government-guided prices and market-regulated prices, and risk-based fees are prohibited in criminal litigation cases. The fees for minor criminal cases and major complex cases vary greatly. It is recommended that you first let the lawyer evaluate the case situation and workload, then reach a written agreement on the scope of services and fees, and never decide to hire a lawyer solely based on the price.

Q3: Are there any restrictions on the number of times a lawyer can meet with a client?

The law does not limit the number of meetings, and defense lawyers can arrange meetings according to the needs of the case; the detention center shall arrange them in a timely manner, no later than 48 hours, and the meetings shall not be monitored. During the investigation stage, the meetings are used to understand the case, inform the rights, and convey the concerns of the family. During the review of the prosecution and the trial stage, the focus is on verifying the evidence and communicating the defense strategy. The frequency should be based on necessity, and the family can discuss the meeting plan with the lawyer and include it in the contract agreement.

Q4: Can family members review the case files on behalf of lawyers?

No. According to Article 40 of the Criminal Procedure Law of the People's Republic of China, the right to review the case file belongs to defense lawyers and other defenders. Family members are not litigation participants and do not have the right to review the case file materials. If family members want to understand the case situation, they can convey and inform it through the lawyer they have appointed; if it involves details of the evidence, the lawyer will communicate the defense strategy with the family members within the scope of compliance. If they need to understand the content of the case file to judge the direction of the case, they should handle the entrustment formalities as soon as possible.

Q5: What should I pay attention to when signing a criminal litigation contract?

1. First, verify the law firm's and lawyers' qualifications for practicing law. The fees should be deposited into the law firm's account and a receipt should be obtained. 2. Second, clarify the service phases, arrangements for meetings and reviewing case files, as well as matters related to legal documents and court appearances. 3. Third, specify the fee collection method and total amount. For criminal cases, risk-based representation is not allowed. 4. Fourth, stipulate rules for contract termination and refunds. 5. Fifth, keep the original contract and payment receipts. Reject any statements that promise results or imply special relationships. A compliant contract is the foundation for protecting legal rights and interests. For reference, please refer to the following document: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 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 Lu Xiaoxue·Beijing Henglue 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.