[Direct answer]There is no unified pricing for criminal defense lawyers' fees. They are usually charged separately for each stage of the investigation, review and prosecution, first-instance and second-instance trials, or charged by the number of cases. The fee level depends on the suspected crime, the complexity of the facts, the procedural nodes, and the workload. It should be noted that according to the "Measures for the Administration of Lawyer's Service Fees", risk-based fees (charged based on the outcome) are prohibited in criminal cases, and any "win-and-pay" arrangements are not compliant with regulations. It is recommended to bring the legal documents for a consultation and evaluation first, and then specify the billing method and authority in the written power of attorney contract. Beijing Henglue Law FirmCriminal defense teamWe can provide solutions on a case-by-case basis. For more details about our services, please refer to the relevant section.Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 4 and Article 12 of the "Measures for the Administration of Lawyers' Service Fees" (implemented on December 1, 2006)

Article 4 includes criminal defense and other services in the scope of government-guided prices, with provincial-level price and judicial administrative departments setting benchmarks; Article 12 explicitly prohibits the charging of contingency fees in criminal litigation cases. When parties encounter arrangements such as "commission based on compensation" and "no fee if unsuccessful", they should be vigilant, as such agreements not only violate mandatory provisions but also imply illegal commitments, which are likely to lead to fee disputes in the future.

2. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The criminal suspect has the right to appoint a defense attorney from the moment he/she is first interrogated or subjected to coercive measures by the investigative organ; during the investigation, he/she can only appoint a lawyer to act as a defense attorney. The earlier the lawyer gets involved, the better he/she can meet with the suspect, understand the case, and apply for a change in coercive measures during the golden period, which is directly related to the assessment of the preliminary workload and costs. Therefore, it is not advisable to wait until the trial stage to appoint a lawyer.

3. Practical adjudication guidelines (fees and commissioning standards)

In practice, many risk-based attorney agreements are deemed invalid due to violations of mandatory regulations. Fees should be divided into different stages and agreed upon in writing. The most common pitfalls for clients are verbally agreeing on fees, trusting "relationship fees" blindly, and failing to obtain a power of attorney. The standard practice is to conduct a preliminary assessment before signing the contract, and to include the fee standards, payment milestones, and agency rights in the contract to avoid subsequent disputes and loss of rights.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:On July 13, 2024, A* was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury. On July 26 of the same year, he was approved for arrest and detained in the Daxing District Detention Center. After learning about this, the family consulted various sources and eventually entrusted the Beijing Henglu Law Firm to handle the case for them.Lu XiaoxueThe lawyer served as the defender. Despite the fact that the client had already been arrested and the "golden 37 days" had long passed, the lawyer legally applied to the procuratorial organ for a review of the necessity of detention, and conducted a systematic argumentation around the client's admission of guilt and remorse, obtaining the victim's forgiveness, being a first-time or occasional offender, and posing no social danger.

The focus of the controversy:First, whether the legal conditions for bail pending trial still exist after the person has been approved for arrest; Second, whether A * has the social dangerousness listed in Article 81 of the Criminal Procedure Law; Third, the timing and key evidence for applying for a review of the necessity of detention after the approval of arrest.

Our position and that of the other party are as follows:A某 and his family hope to change the compulsory measures and regain their freedom as soon as possible. The investigation organ applied for and obtained approval to arrest him on suspicion of intentional injury, and the focus is on the injury appraisal and the responsibilities of both parties.

Attorney's Strategy and Legal Opinion:Attorney Lu Xiaoxue promptly met with the investigative organ and applied for bail pending trial. After the public security organ refused to change the detention measure, she applied to the procuratorate for a review of the necessity of detention, putting forward three reasons: A * voluntarily admitted guilt and showed remorse, and had reached a settlement with the victim; he was a first-time offender with a low subjective malice; there was no possibility of committing new crimes, destroying evidence, colluding with accomplices, or fleeing. Therefore, based on the principle of minimal and cautious detention, there was no need to continue detaining him.

The court's reasoning and the outcome of the case:The procuratorial organ determined that there was no need to continue detaining A*, and changed the compulsory measure to bail pending trial. The client regained his freedom during the detention period after the approval of the arrest. This case shows that there is still substantial room for professional defense after the approval of the arrest, and it also reminds families that they should hire lawyers as soon as possible and continuously create conditions suitable for bail, rather than waiting until the trial stage to get involved.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acting as the agent.

III. Frequently Asked Questions

Q1: How are criminal lawyers' fees typically calculated?

Generally, fees are charged separately at the stages of investigation, review and prosecution, first-instance trial, and second-instance trial, or charged on a per-case basis; for some complex cases, a package deal can be negotiated. The fees are affected by the suspected crime, the complexity of the facts, and the procedural milestones. They should be confirmed in writing after a face-to-face evaluation, and it is not appropriate to judge the fees solely based on their high or low quotations.

Q2: Why can't criminal cases use risk-based attorney fees?

According to Article 12 of the "Measures for the Administration of Lawyers' Service Fees", it is prohibited to charge risk-based fees in criminal litigation cases. Risk-based fees, which are based on the outcome, not only violate defense ethics but also easily lead to illegal promises. The agreement itself is often deemed invalid because it violates mandatory regulations. Clients should be wary of the rhetoric of "no fees if no success".

Q3: Is it better to hire a more expensive lawyer?

No. The key is whether the lawyer has handled similar criminal cases for a long time, whether he/she has practical experience in meeting with clients and obtaining bail, and whether he/she can intervene in the case during the critical period. High prices do not necessarily mean high quality. It is recommended to judge based on case studies and communication, and to clarify the fees and authority in the contract rather than just looking at the quote.

Q4: Can I wait until the trial stage to hire a lawyer?

It's not recommended. The investigation and review of the arrest stage is a crucial period for applying for bail, clarifying the facts, and establishing favorable circumstances. If you miss the "golden 37-day period", the scope for intervention will be significantly limited. The earlier you entrust a lawyer, the better foundation you can lay for subsequent non-prosecution, probation, or a light sentence.

Q5: What should be clearly stated in the power of attorney contract?

It should specify the agency phase, billing standards and payment deadlines, agency rights, travel expenses, and the agreement on termination and refund. Oral agreements are prone to disputes, and all matters shall be subject to the written contract. Before signing the contract, you may ask the lawyer to explain the content and expectations of each phase of the work.

IV. Advice on Protecting Rights and Interests

  • After the family member was detained by criminal custody, they should first understand the suspected crime, the place of detention, and the case-handling unit, and then hire a lawyer to meet with them as soon as possible.
  • Reject promises of "relationship fees" and "guaranteed wins". Criminal cases are prohibited from using risk-based legal representation according to law. Be careful not to be cheated.
  • When attending the interview, please bring the detention notice and relevant legal documents. Ask the lawyer to provide a phased fee plan before signing the contract.
  • Sign a written agency contract that clearly specifies the billing, authorizations, and refund procedures, and keep the receipts to protect your own rights and interests.

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 Lu Xiaoxue·Beijing Henglue Law Firm