[Direct answer]In the Beijing area, whether criminal defense lawyers can accept payment in installments depends on the law firm's fee policy and the provisions of the contract between the lawyer and the client. Current laws do not prohibit installment payments. However, it should be noted that criminal litigation cases are not allowed to apply risk-based fees according to law, that is, they cannot agree to "charge according to the proportion of the result" or "no fee if unsuccessful". According to the relevant provisions of the "Measures for the Administration of Lawyer Service Fees", law firms should sign a written contract with clients, specifying the fee method, amount, and payment deadlines. It is recommended to negotiate an installment plan with the law firm in advance and incorporate it into the contract signed with the client's official seal. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

Criminal cases often come unexpectedly. After the client is subject to compulsory measures, family members urgently need a lawyer, but they often hesitate due to the pressure of paying the fees all at once. Typical scenarios include: the family's financial situation is tight, and they hope to pay in stages to match the various litigation stages; they worry that if they pay the full amount upfront, the lawyer may not fulfill their duties properly; and they are easily misled by illegal promises of "pay after winning the case". Criminal defense is usually charged according to the stages of investigation, review and prosecution, first-instance trial, and second-instance trial, which leads to the demand for payment in installments. For specific types of cases, you can refer to the relevant provisions.Special services and other case services.

II. Key points of contention

The controversy over the phased payment of attorney's fees focuses on three points. Firstly, legality: Phased payment itself is legal, and law firms can agree to phased payments based on the progress of the case; however, contingency fees are explicitly prohibited in criminal litigation. Secondly, contract clarity: The number of installments, amounts, corresponding service stages, and refund conditions must be agreed in writing to avoid verbal ambiguity. Thirdly, service quality binding: Clients may worry that phased payments will affect the lawyer's commitment, so the contract should stipulate the work content and feedback mechanisms at each stage. In practice, Zheng Lu Law Firm will clearly specify the payment schedule in the entrustment agreement. For cases involving enterprises, it can be combined with other provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Law Firm

Taking a criminal incidental civil action for intentional homicide handled by our firm as an example, we can see the value of hiring a lawyer as early as possible. On June 16, 2024, the defendant, Zhang Dajiang, drove a car into a laboratory, resulting in the death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. After the incident, the victim's wife immediately entrusted Liu Liqiang, a lawyer from Beijing Henglu Law Firm, to represent her in the incidental civil action. The lawyer promptly intervened in the review of the case file and clarified the disputed points of the case. In the end, the court sentenced Zhang Dajiang to death for intentional homicide and supported the family's request for compensation. This case shows that the effectiveness of defense and representation in criminal cases is closely related to the timing of intervention, and the arrangement of entrustment (including the pace of fee payment) should serve the goal of "early intervention". This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 25 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017) (requiring law firms to unify case acceptance and charging fees, and signing written contracts), Article 40 (prohibiting unauthorized charging fees and making false promises), as well as the provisions of the Measures for the Administration of Lawyer Service Fees regarding charging methods and the prohibition of contingency fees. Practical suggestions: Before entrusting a lawyer, require the law firm to provide a detailed fee breakdown and payment plan; specify the fees for each stage, payment deadlines, work content, and refund conditions in the contract; reject personal unauthorized charging fees and "no fee if no success" contingency fees; and retain receipts and communication records. For property disputes, relevant provisions can be referred to as follows:Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Advice

Installment payments are feasible, but they must be stipulated in a written contract. Never accept the services of unqualified agents or "guaranteed victory" promises due to cost pressures. The outcome of criminal defense depends on facts and evidence, and no one can guarantee it unilaterally. It is recommended to prioritize choosing a regular law firm, and stipulate both the payment schedule and service quality to ensure that the lawyer can intervene in key procedures as soon as possible. When the client is subject to compulsory measures, "hiring a lawyer as soon as possible" should take precedence over "negotiating a price", to avoid missing the golden period of 37 days. For more details, please refer to the following link:The official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Do criminal defense lawyers allow installment payments, and are they reliable?

The installment payment itself does not violate legal provisions. Many law firms allow phased payments according to the litigation stage, but the key lies in writing it into a written power of attorney contract. Whether it's "reliable" depends not on the payment method, but on the law firm's qualifications and contract terms: regular law firms unify case acceptance, charging fees, and issuing invoices, and prohibit private charging and false promises. What needs to be vigilant against is the risk-sharing agreement of "no fee if no success", which is prohibited by law in criminal litigation. It is recommended to fix the installment plan and the work content in writing to protect one's own rights and interests according to law.

Q2: When hiring a criminal defense lawyer, what fee terms should be checked in the contract?

Key verification points include: the charging method (per piece, by subject matter, or by hourly rate) and whether it is divided into installments; the amount of each installment, the payment milestones and corresponding service phases; the agency authority and work content; refund scenarios (such as withdrawal of the lawsuit, termination by the client); whether it includes third-party expenses such as travel and litigation fees; and whether the law firm's stamp and the receiving account are official accounts. Illegal expressions such as "guaranteed victory" and "proportional charging" should be rejected, and the contract and receipts should be kept as evidence.

Q3: How much does it generally cost to hire a lawyer for criminal defense?

The fees charged by criminal defense lawyers are negotiated between the law firm and the client. They are usually charged on a per-stage or per-case basis, with the specific fees determined by the contract. There is no nationwide standard pricing for these fees, and criminal litigation is not allowed to use risk-based fees according to the law. The fees charged are related to the complexity of the case, the number of stages, and the lawyer's experience. It is recommended to obtain information about the fee range from multiple sources before entrusting the case, request a detailed quote, and weigh the cost against the procedural rights that can be obtained to avoid accepting cases at low fees only to face additional charges during the process.

Q4: For installment-based criminal defense, how long does it usually take from the time of entrustment to the conclusion of the case?

The criminal defense cycle is usually tied to the various stages of litigation: within 37 days after detention for approval of arrest and review; generally two months for investigation and detention; about one and a half months for review and prosecution; and within two months for ordinary first-instance proceedings. If payment is divided into stages, it is commonly paid in stages according to investigation, prosecution, first-instance, and second-instance. Overall, it often takes several months from entrustment to first-instance judgment, and longer for major and complex cases; the earlier the lawyer gets involved, the more the phased payment can match the progress of the procedure.

Q5: I want to hire a criminal lawyer in installments. What should I do specifically in the first step?

Here's the translation of the four steps suggested: 1. Confirm the law firm's qualifications and the lawyer's practice license, and select a team specializing in criminal defense. 2. Have a face-to-face meeting to explain the case details and financial situation, put forward the need for installment payments, and request a proposal from the lawyer. 3. Sign a power of attorney contract stamped with the law firm's official seal, clearly stating the installment amounts, milestones, work content, and refund procedures. 4. Complete the power of attorney as soon as possible to enable the lawyer to intervene in the meeting and bail application, prioritize seizing the golden period of 37 days, and make payments according to the milestones.

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

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