[Direct answer]Based on the judicial practice in the Beijing area, when hiring a criminal lawyer, it is necessary to sign a written "Power of Attorney Agreement" (or a contract of entrustment) and simultaneously sign a "Letter of Authorization", which clearly defines the stages of representation, the scope of authority, the fee standard, and the rights and obligations of both parties. According to Article 25 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), law firms must sign written contracts with clients and collect fees in a unified manner; Article 40 prohibits unauthorized fee collection and false promises. The representation of criminal cases is usually agreed upon in stages (investigation, review and prosecution, trial), or it can be a one-time fixed-fee arrangement. It is recommended to carefully review the fee details and refund provisions before signing the contract. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

Many clients, when hiring a criminal lawyer for the first time, are most confused about "what to sign and whether they will be protected after signing the contract". Typical scenarios include: being asked to transfer money directly to the lawyer's personal WeChat account without receiving a contract; verbally agreeing to a "guaranteed win" but receiving no written risk disclosure; signing only a power of attorney without clarifying fees and stages; and mistaking a "legal advisory contract" for criminal representation, only to find no one present in court during critical stages. A standard criminal retainer agreement not only serves as a safeguard for rights, but also sets clear boundaries for fees and authority. For corporate clients, the agreement can be tailored to meet their specific needs.Business and contract dispute services for enterprisesIdentify the main subject.

II. Key points of contention

There are three key points of contention. First, the contractual subject: the contracting party must be a law firm rather than an individual lawyer, and the fees should be deposited into the law firm's account and issued with receipts. Second, the agency phase and authority: whether it is a full-process or single-phase representation, whether it includes client meetings, document review, court appearances, and appeals, and whether the authorization is general or special agency, all of which must be clearly specified. Third, fees and refunds: hourly billing, fixed fees based on the case value, and refund policies for unresolved cases or early termination of the contract are the most prone to disputes. In practice, the review of phased fee arrangements and risk-based fee structures is particularly stringent. It is recommended to confirm each clause individually and refer to relevant guidelines for reference.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Law Firm

Take the defense of a contract fraud case handled by our firm as an example. Li Mingli was criminally detained and approved for arrest for his involvement in contract fraud in an overseas intermediary project, with the amount involved reaching nearly 200,000 yuan. He was detained in the Changping District Detention Center in Beijing. His family entrusted Attorney Yuan Hang of Beijing Henglu Law Firm to defend him. The lawyer focused on the necessity of detention and submitted an "Application for Review of the Necessity of Detention", arguing for the modification of compulsory measures based on 13 reasons, including voluntary surrender, admitting guilt and accepting punishment, returning the money, obtaining the victim's forgiveness, being an accomplice, making meritorious contributions, and facing family and health difficulties. Two weeks later, the Changping District People's Procuratorate decided to change the compulsory measures to bail pending trial, and Li Mingli regained his freedom. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. Note: Under a standardized entrustment relationship, attorneys can commence meetings, review case files, and conduct reviews of the necessity of detention as early as possible, thereby securing crucial advantages for clients. In cases involving franchise disputes, it may be advisable to combine these efforts with other legal strategies.Special services and other case services.

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) (law firms shall collect fees and sign written contracts in a unified manner), Article 40 (prohibiting private fee collection and false promises); as well as the provisions on entrustment contracts in the Civil Code of the People's Republic of China (effective on January 1, 2021); and the right to defense in criminal proceedings is guaranteed by Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Practical suggestions: Confirm that the contracting party is the law firm and request invoices; the contract shall specify the agency stage, authority, fee collection method, and refund conditions; refuse personal private transfers and unrealistic promises of victory; retain contracts, invoices, and communication records to facilitate rights protection in case of disputes. For employment-related matters, it can be combined with other relevant laws and regulations.Labor arbitration and work-related injury compensation services.

5. Henglu Law Firm's Advice

Signing a contract is not just a "formality", but rather putting trust into an enforceable framework. It is recommended to have a lawyer explain the following before signing the contract: which stages and actions are covered by this service, what the fees correspond to, who will bear the third-party expenses (litigation fees, preservation guarantee fees, appraisal fees), and how to refund the fees in the event of a mid-term contract termination. Never skip written contracts or transfer money privately just because of a "friend's introduction", as this is both illegal and difficult to protect your rights. If you encounter fee or performance disputes, you can consult the Lawyers Association or judicial administrative authorities. Only when the entrustment relationship is clarified can lawyers devote themselves to defense without any worries. If necessary, you can seek the help of a professional criminal defense team for an assessment.

VI. Frequently Asked Questions

Q1: Is it necessary to sign a contract when hiring a criminal lawyer, or can we do it without a contract?

It's mandatory to sign a contract. According to Article 25 of the Lawyers Law, law firms must sign a written contract with clients when accepting their cases, collect fees in a unified manner, and issue receipts. Lawyers are not allowed to privately accept cases and charge fees individually. A written contract not only meets the regulatory requirements for lawyers' practice, but also serves as the basis for protecting your rights and clarifying the boundaries of services. Anyone who only allows WeChat transfers to individuals and does not provide contracts or receipts should be vigilant. By signing a standard contract, fees, stages, and authorizations can be verified, and disputes can be easily reported to the Lawyers' Association or judicial administrative authorities in the event of a conflict.

Q2: What should I prepare and confirm before signing a criminal litigation contract?

The key points to confirm are as follows: First, the contracting party must be a law firm, and the fees must be recorded in the firm's account and issued with invoices; Second, the stages of representation (investigation, review of prosecution, trial) and the rights (meeting with clients, reviewing case files, attending court hearings, and appealing) must be clearly listed; Third, the fee calculation method (by the number of cases, by the amount of the case, by the hour, or by a fixed amount) and the refund conditions, especially for refunds in the event of early termination of the contract or unfinished cases; Fourth, risk disclosure and prohibited commitment clauses. It is recommended to bring identity proof and basic case materials for consultation, and to put all oral agreements in writing to avoid disputes arising later.

Q3: How is the fee typically charged for a criminal attorney contract, and how much does it cost?

Criminal cases are usually charged on a per-stage basis (investigation, review of prosecution, trial) or as a package deal, with the specific fees negotiated between the law firm and the client and written into the contract. There is no nationwide standard pricing. For some property-related cases, risk-based fees can be negotiated, but criminal defense itself strictly prohibits unlawful promises tied to "outcomes". The fees are influenced by the complexity of the case, the number of stages, and the lawyer's experience. Before signing the contract, it is essential to request a detailed fee breakdown, clarify whether it includes third-party expenses such as litigation fees and preservation guarantee fees, and understand the refund rules. Do not be misled by low-price or "guaranteed victory" claims.

Q4: How long does it usually take from the decision to entrust a lawyer to the lawyer's actual involvement in the case?

The signing of a contract and the commencement of legal intervention can be swift: once all necessary materials are in place, the firm's internal approval and contract signing typically take one to two days to complete. After the entrustment procedures are finalized, lawyers can meet with clients and review case files based on the signed documents. However, the "effectiveness window" of legal intervention is tied to key case milestones—such as the 37-day golden period after detention, the review of detention necessity before formal arrest, and time limits for reviewing case files at various stages. It is recommended that once a decision is made, clients should sign a contract as soon as possible to avoid missing critical deadlines due to price comparisons or hesitation. Only after the contract takes effect can lawyers legally exercise their right to defend clients.

Q5: I want to hire a criminal lawyer. What should I do first?

There are four steps of advice: Firstly, verify the lawyer's practice status and the law firm's qualifications through the judicial administrative authorities or the official website of the Lawyers Association to avoid unqualified personnel; Secondly, bring identity proof and case materials (detention notices, suspected charges, etc.) to the consultation to clarify the agency stage, authority and fees; Thirdly, confirm that the contracting party is the law firm, ensure that the fees are deposited into the law firm's account, and request a contract and invoice. Clearly state the refund and risk clauses, and refuse private transfers and unrealistic promises; Fourthly, after signing the contract, cooperate with the lawyer to provide clues and evidence materials. The lawyer will meet with the client, review the case files, and advance the defense at all stages according to the law. Clarify the entrustment relationship before letting go.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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 a dispute arises, please consult a practicing lawyer in a timely manner.