[Direct answer]There is no unified pricing for criminal defense lawyers in Beijing. According to Article 4 of the "Measures for the Administration of Lawyer Service Fees" (implemented on December 1, 2006), criminal defense services are included in the scope of government-guided prices. In practice, fees are often calculated separately according to the stages of investigation, review and prosecution, first-instance and second-instance trials, or negotiated on a per-case basis, with the fees being influenced by the suspected crime, the difficulty of the case, procedural milestones, and the workload. It should be noted that according to Article 12 of the Measures, risk-based fees are prohibited in criminal litigation cases, and "no fee if no success" is not in compliance with regulations. The client should sign a written contract with the law firm, pay fees in accordance with the unified standards, and record the payments truthfully (Article 25 of the Lawyers Law). It is recommended to have a face-to-face consultation to evaluate the case first, and then determine the fees in stages.Criminal defenseFees plan.

I. Legal basis and interpretation of provisions

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

Article 4 includes criminal litigation defense agency in the scope of the government's guidance price, and the provincial-level price authorities shall, together with the judicial administrative departments, set the benchmark price and the floating range; Article 12 explicitly prohibits the implementation of risk-based fees in criminal litigation cases. The legislative purpose is to prevent criminal defense from being bound by the interests of the outcome and to eliminate the expectation of "buying punishment". When the parties encounter quotation methods with a proportional commission or based on the outcome of the victory, they should directly reject them and be vigilant about their compliance. Such agreements are very likely to lead to fee disputes in the future.

2. Article 25 of the Law of the People's Republic of China on Lawyers (effective as of January 1, 2018)

When lawyers handle cases, the law firms accept the entrustment on a unified basis, sign written entrustment contracts with clients, and collect fees in accordance with national regulations and record them accurately. This means that the fee-collecting entity can only be the law firm, not individual lawyers. Private fee collection and transferring fees to personal accounts are all unregulated; the written contract is the core evidence in case of fee disputes, and before signing the contract, clients should confirm the agency phase, amount, authority, and refund provisions item by item before making payments.

3. Practical adjudication guidelines (disputes over quotations and fees)

Practical quotes are usually linked to the workload: the number of meetings, the amount of reviewing documents, the number of court hearings, and the representation of accompanying civil matters all affect the price. The difference between major complex cases and ordinary misdemeanors can be several times over. Common disputes focus on oral promises not being written into contracts, price increases during the process, and charging additional fees under the guise of "operational relationships". The standard practice is to obtain a phased written quote after a face-to-face evaluation, clarify travel expenses, refund provisions, and termination clauses, and ensure that all payments are transferred to the law firm's account and invoices are requested.

II. Henglue Lawyer's Real Case (Detailed Review)

Review of the case:On the night of June 16, 2024, after an argument with Zhao Gang and others at the mixing station, Zhang Daqiang drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and crashed into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang, entrusted the Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer represents the client in criminal incidental civil litigation. Such major criminal cases involve reviewing the entire case file, multiple court hearings, and incidental civil claims, with both the workload and cost being high. The fees charged should be transparently correlated with the actual workload.

The focus of the controversy:First, the determination of the charge of causing death by driving and hitting someone; second, whether the act of voluntarily surrendering to the police constitutes a valid confession; third, the determination of the scope of incidental civil compensation.

Our position and the position of the other party are as follows:The victim's family demanded that the perpetrator be severely punished and compensate for the losses; the procuratorial organ brought a public prosecution for intentional homicide; the defense argued that it was just a joke and attempted to change the nature of the case.

Attorney's Strategy and Legal Opinion:Attorney Liu Liqiang reviewed all the evidence in the case, including physical evidence, documentary evidence, witness statements, appraisal opinions, and on-site inspection records, and refuted the defendant's arguments one by one: the defendant's pre-crime remarks revealed his murderous intent; he accelerated even though he was less than 5 meters away from the door; he knew there were people indoors but failed to avoid them, demonstrating clear intent to kill; he lied about the brake failure when calling the police and repeatedly retracted his confession, which did not constitute voluntary surrender; the defendant targeted multiple specific individuals, so the crime should be defined as intentional homicide; the crime was extremely serious, and the defendant refused to admit guilt and compensate the victims, thus deserving severe punishment.

The court's reasoning and the outcome of the case:The court accepted the lawyer's opinion and determined that Zhang Daiqiang committed intentional homicide, the circumstances of which were extremely serious. He was sentenced to death, and the civil litigation part supported the victims' families' request for compensation. The high fees charged for major cases correspond to high-intensity inputs such as reviewing case files, appearing in court, and providing civil litigation representation. Parties should understand the fee structure based on this, rather than simply comparing the price quotes.

This case is handled by Beijing Henglu Law FirmLiu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How are criminal lawyer fees typically charged in stages?

It is common to charge fees by stages such as investigation, review and prosecution, first instance, and second instance, and it can also be charged by case or negotiated in a package. The workload in each stage is different. In the investigation stage, the main tasks are meeting with clients and obtaining bail, while in the trial stage, the main tasks are reviewing case files and appearing in court. When signing the contract, it is necessary to confirm the purchased stage, whether to renew the contract, and the corresponding amount, so as to avoid misunderstanding "full case responsibility" as a one-time fee. For cross-stage entrustment, it should be confirmed in writing separately.

Q2: Can I "pay after winning"?

No. 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. Any commission agreements that are conditional on bail, acquittal, or probation are not in compliance with the regulations and are often deemed invalid. The compliant model is to charge fees by stages or by case, sign a written contract with the law firm, and issue invoices uniformly. Quotes for charging fees based on the outcome of the case should be directly rejected.

Q3: Are lawyers who charge high fees necessarily better?

Not necessarily. The price should be in line with the difficulty of the case, the lawyer's experience in handling cases, and the actual effort invested, rather than being tied to the level of commitment. Key points for judgment: whether they have been handling similar criminal cases for a long time, whether they can explain the specific work at each stage, and whether they are willing to sign a written contract with clear rights and responsibilities. Both low and high prices require caution. The focus should be on whether the plan and the workload are transparent, and reference should be made to the actual situation.Beijing Henglue Law FirmIt refers to the evaluation standards of professional teams.

Q4: Can lawyers promise to secure bail or prove innocence?

No. Any promises of "guaranteed victory," "guaranteed bail," or "guaranteed acquittal" violate professional norms, and the outcome will be determined by the judicial authorities in accordance with the law. The correct role of a lawyer is to assess risks and provide legal defense: meeting with clients, applying for bail, reviewing case files and cross-examining witnesses, and putting forward opinions on reducing the severity of the crime. Quoting prices based on promises is itself an indication of non-compliance with regulations. The bigger the promise, the higher the risk, and the more it should be ruled out.

Q5: What content should be specified in a power of attorney contract?

It shall at least include the agency phase (investigation, review and prosecution, first-instance trial, etc.), the charging method and total amount, payment nodes, agency rights, travel expenses, and agreements on termination and refund. The fees must be transferred to the law firm's public account and a receipt must be obtained. It is strictly prohibited to transfer the fees to individuals. Both parties shall hold a copy of the contract, which serves as the core evidence for subsequent fee disputes. Before signing the contract, all items must be checked and verified before signing it.

IV. Suggestions for Protecting Rights

  • When attending the interview, bring materials such as the detention notice, and decide to hire a lawyer after requesting a phased written quote.
  • Only sign contracts with law firms, transfer the fees to the company's public account, and request invoices.
  • Bids involving "risk agency" or "relationship operation" will be directly disqualified, and criminal cases are prohibited by law.
  • The contract specifies the phases, amounts, authorities, and refund terms, and all supporting documents should be kept throughout the process to avoid disputes.

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 Liu Liqiang·Beijing Henglu Law Firm