[Direct answer]Criminal defense lawyers are mainly charged on a contingency fee basis, with fees calculated in stages, and fees can be agreed upon based on the proportion of the subject matter, hourly rates, or risk-based fees. The specific standards are guided by the price authorities and judicial administrative authorities of each province and explicitly stated by law firms. Generally, fees are charged in stages during the investigation stage, the review and prosecution stage, and the first-instance stage, and fees for major and difficult cases may be increased. The core variables affecting fees include: the number of litigation stages, the complexity of the case (charges, number of suspects, and number of case files), the lawyer's years of practice and professional direction, and whether it is necessary to travel to other places for meetings. According to Articles 4 and 5 of the "Measures for the Management of Lawyer Service Fees", lawyer service fees are subject to government-guided prices and market-regulated prices. Criminal litigation cases fall within the scope of government-guided prices, and risk-based fees are prohibited. Formal appointments must be signed and invoiced by law firms.

I. Legal basis and interpretation of provisions

1. Articles 4, 5, and 12 of the "Measures for the Administration of Lawyers' Service Fees" (implemented on December 1, 2006)

Article 4 of the Measures stipulates that the fees for lawyer services shall be subject to government-guided prices and market-regulated prices. Article 5 stipulates that representing civil litigation cases, representing administrative litigation cases, representing state compensation cases, and providing legal advice to criminal suspects, representing appeals and complaints, applying for bail pending trial, and acting as defenders for defendants are all within the scope of government-guided prices. Article 12 requires law firms to sign fee contracts or agency contracts with clients, which shall specify the fee items, standards, methods, amounts, payment and settlement methods, and dispute resolution methods. These three articles are the basis for determining whether the quotation is formal: criminal case fees are backed by government-guided prices, and they must be specified in a written contract. Any quotations made only orally without a contract are not standard.

2. Articles 25 and 40 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017)

Article 25 requires that lawyers accept and handle cases on behalf of law firms and charge fees in a unified manner. Lawyers are not allowed to accept cases privately or collect fees from clients without authorization. Article 40 lists the prohibited behaviors of lawyers in their practice activities, including not accepting cases or collecting fees privately, not exploiting the convenience of providing legal services to seek the interests of clients in disputes, and not accepting property or other benefits from clients. These two articles define the regulatory boundaries for fees: lawyers' service fees can only be collected in the name of law firms and issued with invoices. In practice, any cases requiring transfer to personal accounts, issuing receipts instead of formal invoices, or charging fees separately under the name of "coordination fees" are all considered violations of regulations.

3. Practical adjudication guidelines

Judging from practices in various regions, the common pricing method for criminal cases is charging by stages: the investigation stage, the review and prosecution stage, and the first-instance stage are priced separately. The second-instance, retrial, or criminal incidental civil litigation are charged separately according to the new stage; cases involving huge amounts of money, involving many people, or particularly complex cases can be priced higher than the benchmark price; and the travel and time costs of cross-provincial meetings and multiple meetings are usually included in the quote. It should be particularly noted that family members are most likely to be attracted by "all-inclusive low prices", but a fixed price throughout the entire process, which is significantly lower than the local guidance price threshold, often means that lawyers may have difficulty devoting enough time to meetings and reviewing case files. When comparing quotes, it is necessary to first inquire about which stages are included, whether there are restrictions on the number of meetings, and whether travel expenses are included.

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

Review of the case:In May 2026, C* reposted and published three video files on the XX forum, and was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials and was detained in the Haidian Detention Center. The three posts had a total of about 5,000 views and about 1,000 downloads. C* did not obtain any economic benefits from them, and his motive was simply to gain forum points to watch other videos. On May 29, 2025, C* gave a truthful statement during his first interrogation after being summoned. On May 30, 2026, he was criminally detained. He acted alone and had no accomplices. After his appearance in court, he voluntarily admitted his guilt and pleaded guilty. After his criminal detention, his family entrusted the Beijing Henglu Law Firm to handle the case.

The focus of the controversy:The first focus is whether the behavior meets the statutory threshold for criminal prosecution. According to the judicial interpretation, non-profit dissemination of obscene video files requires more than 40 files to be convicted and punished. In this case, there are only three files. The second focus is how to evaluate the circumstances of voluntary surrender and pleading guilty and accepting punishment. The third focus is whether there is a social danger and whether it is necessary to continue detention.

Our position and the other party's position are as follows:The family hopes to minimize the punishment as much as possible, strive not to be arrested, change the compulsory measures to bail pending trial, and regain freedom as soon as possible. The investigation organ submitted the case for review on the suspicion of spreading obscene materials, paying attention to the number of videos, the number of views and downloads, and the social impact.

Attorney's Strategy and Legal Opinions:The attorney immediately went to Haidian Detention Center to meet with C*, verify the number of posts, their content, motives, and the circumstances of his appearance in court, confirming that he was a first-time offender, surrendered voluntarily, admitted guilt and accepted the punishment, and had no profit motive. Subsequently, the attorney submitted the "Legal Opinion on Bail Pending Trial" to the Haidian Branch, arguing in four layers: Firstly, the number of videos far exceeded the statutory threshold for criminal prosecution, and the number of views and downloads could not substitute for the quantitative threshold, so it was not considered a crime according to law; Secondly, C* surrendered voluntarily after being summoned to appear in court and made a truthful statement, which could be used to mitigate his punishment according to law; Thirdly, the mitigation of punishment for admitting guilt during the investigation stage is even greater; Fourthly, by comparing the circumstances of social dangerousness one by one, it was found that he was unlikely to commit new crimes, posed no real danger, had no possibility of colluding with others, and no risk of fleeing. Therefore, there was no necessity to continue detaining him, and the attorney cited the criminal justice policy of "sparing arrests, prosecutions, and detentions" to reinforce his argument.

The court's reasoning and the outcome of the case:On June 24, 2026, the Haidian Branch of the Beijing Municipal Public Security Bureau issued a decision on bail pending trial, determining that the suspect C may be sentenced to fixed-term imprisonment or more severe punishment, but the adoption of bail pending trial will not lead to social danger. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, it is decided to grant him bail pending trial. The case took about one month from criminal detention to bail pending trial, reflecting the actual work intensity of lawyers in meeting and written argumentation during the investigation stage. The specific scope of services can be referred to in the following document:Criminal defense and legal services for criminal case filing.

This case is handled by Beijing Henglu Law FirmYuan HangAttorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: Is the fee charged by criminal defense lawyers based on the stages of the case or as a lump sum for the entire process?

Both approaches exist in practice, but charging by stages is more common. Typically, fees are quoted separately for the investigation stage, the review and prosecution stage, and the first-instance stage. If the case proceeds to the second-instance or retrial, or involves criminal incidental civil litigation at the same time, fees will be charged separately for each new stage. A lump-sum quote for the entire process may seem simple, but it requires clarifying in the contract which stages are covered, whether there are caps on the number of meetings, and whether travel expenses are included. It is recommended to specify "which stages are included and what work is included in each stage" in the engagement contract to avoid disputes over additional fees later on.

Q2: Can criminal cases offer a "no-win, no-fee" service?

No. The "Measures for the Administration of Lawyer Service Fees" list criminal litigation cases as subject to government-guided pricing, and explicitly prohibit contingency fees. Therefore, practices such as "no fee if unsuccessful" and "pay after bail is granted successfully" do not comply with regulations. Those who solicit business in this way often set additional charges beyond the fees or define "success" in an extremely broad manner. Families should pay the lawyer's service fees according to the contract and keep official receipts. Anyone who charges fees based on the outcome of the case can report it to the judicial administrative authorities or the bar association.

Q3: Are travel expenses included in the cost of hiring a lawyer?

It is usually not included and needs to be agreed upon separately. The travel expenses for criminal cases mainly occur during off-site meetings and off-site trials, which include transportation, accommodation, and necessary time costs. The standard practice is to specify the handling methods of attorney service fees and travel expenses in the engagement contract: whether they are reimbursed on a real basis, fixed lump sums, or included in the total attorney fees. When comparing quotes from different law firms, family members should standardize the travel-related criteria before making comparisons. Otherwise, the seemingly low-priced quotes may actually result in higher actual expenses due to frequent off-site meetings.

Q4: Can I still apply for legal aid after hiring a lawyer?

The two are different approaches. Legal aid is provided by lawyers appointed by legal aid agencies, and is applicable to those who meet the criteria for economic hardship, or who fall into situations where legal aid is statutorily required, such as minors, the blind, the deaf, and mentally ill patients who have not yet completely lost the ability to recognize or control their own behavior, as well as cases where a person may be sentenced to life imprisonment or the death penalty. Those who have already hired lawyers on their own generally do not receive additional legal aid appointments. If a family is truly facing financial difficulties, they can first consult the legal aid center located in the jurisdiction of the case-handling authority about the criteria for economic hardship, and then decide on the method of hiring a lawyer. For the specific service content at each stage, please refer to the relevant documents.Criminal defense and legal services for criminal case filing.

Q5: Can the attorney's fees be borne by the other party?

In criminal cases, this is generally not allowed. Criminal proceedings are initiated by the state, and there is no regular mechanism for defendants to bear the victim's attorney's fees. In principle, attorney's fees are borne by the client themselves. The exception occurs in the part of criminal incidental civil actions: if the victim's family also claims for material losses, the court's support for reasonable expenses must be based on clear legal provisions or an agreement between the parties. In practice, the support ratio is limited. Therefore, before entrusting a lawyer, the victim's family should expect to bear the costs themselves, and it is not appropriate to include attorney's fees in the core items of the compensation request.

IV. Suggestions for Protecting Rights

  • When consulting, first clarify which litigation stages the quoted price corresponds to, whether the number of meetings is limited, and how travel expenses will be settled. After standardizing the approach, then compare different law firms horizontally.
  • Insist on signing a written agency contract and requesting formal invoices. The contract shall specify the fee items, standards, and payment methods, and we do not accept verbal quotes.
  • Reject all quotes that increase the price on the condition of "guaranteeing bail" or "guaranteeing innocence". According to the law, risk-sharing agreements are prohibited in criminal cases.
  • Don't sacrifice the investment in meetings and reviewing documents just to lower attorney fees. The meetings and written opinions within the "Golden 37 Days" directly affect the scope of lenient treatment in the future.
  • If the person really encounters financial difficulties, they can first consult the legal aid center located in the area where the case-handling authority is located to determine whether they meet the eligibility criteria for assistance, and then decide on the method of entrustment.

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 Shang Jiangpeng·Beijing Henglu Law Firm