[Direct answer]Criminal defense fees are usually charged by stages or for the entire process. The three stages include investigation, review of prosecution, and trial. According to the "Measures for the Administration of Lawyer's Service Fees" and rules in places like Beijing, criminal litigation prohibits contingency fees (no agreement on a percentage of the outcome), and fees are generally charged per case or according to the subject matter combined with the stages. The specific fees are negotiated between the law firm and the client and explicitly stated in the retainer contract. It is recommended to understand the fee structure and clarify the scope of representation by stages. For more details, please refer to the following link:Criminal defense and legal services for criminal case filingAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

One of the most practical concerns for parties involved in criminal cases is how much it costs to hire a criminal lawyer and what the fee standards are. Typical scenarios include: families wanting to hire a lawyer to meet and gather information during the investigation stage, but worried about the unpredictable costs of the entire process; cases that are simple enough to pay by the stage, but complex enough to hope for an all-inclusive package; seeing advertisements that promise "no win, no fee" but unsure of their legitimacy; and families with financial difficulties wanting to know if they can apply for legal aid. Since risk-based fees are prohibited in criminal cases, so-called "win-sharing" arrangements are not compliant. Clarifying the fee rules can help avoid pitfalls and help families make rational choices within their budget.

II. Key points of contention

  • Dispute over billing methods: Criminal cases are billed by stages or throughout the entire process, rather than by the value of the property involved, which is different from civil property cases. It is necessary to avoid misunderstandings caused by making comparisons between the two types of cases.
  • Prohibited areas of risk agency: According to the law, risk agency is not allowed in criminal litigation. We should be vigilant against cases where lawyers do not charge fees unless they win the case or split the fees based on the outcome of the case.
  • Cost transparency: Whether the actual expenses such as travel, investigation, and bail application are charged separately should be clearly stated in the contract to avoid discrepancies between verbal commitments and the contractual provisions.

III. Professional analysis by Henglue Law Firm

When providing paid consultation services, Henglue Law Firm emphasizes transparency and matching services to clients' needs. On the one hand, the complexity of the case directly determines the workload: cases involving multiple charges, multiple defendants, cross-regional evidence collection, or extensive document review typically require higher stage fees; while cases with clear facts and minor circumstances generally have more manageable costs. On the other hand, clients should pay attention to the scope of services corresponding to the fees—whether it includes only meetings with lawyers or also includes bail application, document review, court appearances, and other full-process services. Taking a recent intentional injury case handled by our firm as an example, after the client was approved for detention, the lawyer successfully applied for a review of the necessity of detention and successfully changed the coercive measure to bail pending trial. The fee boundaries for such specialized work should also be clearly stated at the time of entrustment. It is recommended to require the law firm to provide a phased fee plan and a list of rights before signing the contract. Relevant agreements can be incorporated into the contract.Special services and other case servicesClear, and refer to itCreditor-debtor relations and enforcement case servicesEstimate the potential execution costs of refunds and compensation.

IV. Practical suggestions and legal basis

At the legal basis level: Article 35 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that if a criminal suspect or defendant does not have a defense attorney due to financial difficulties or other reasons, they or their close relatives may apply to legal aid agencies; for legal circumstances such as those who may be sentenced to life imprisonment or the death penalty, or minors, blind, deaf and mute persons, or mentally ill patients who have not completely lost the ability to recognize and control their actions, if they do not have a defense attorney, the public security, procuratorial and judicial organs shall notify the legal aid agencies to appoint lawyers to defend them. The "Measures for the Administration of Lawyers' Service Fees" clearly prohibit contingency fees in criminal litigation. At the practical advice level: Before signing the contract, require the law firm to list the fees for each stage in writing, as well as the rules for actual expenses and refunds; if there are economic difficulties, apply for legal aid in a timely manner. For matters involving injury compensation and reconciliation, you can refer to the relevant provisions of the Criminal Procedure Law and other laws and regulations.Personal injury and medical dispute servicesWe should move forward, but the relevant expenses should also be transparently agreed upon.

5. Henglue Law Firm's Advice

The fee is just one aspect of the engagement. What matters more is whether the lawyer can provide effective defense at the corresponding stage. Henglu Law Firm advises: First, clarify the stage of the case and the services required, then confirm the fees and scope of representation item by item in writing; be vigilant against promises of guaranteed victory or profit-sharing; and seek legal aid promptly if financially constrained. Only by understanding the legal process and ensuring fee transparency can clients maximize their rights within the legal framework and avoid making choices detrimental to subsequent defense due to information asymmetry.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Frequently Asked Questions

Q1: What do the three stages of criminal defense refer to respectively?

It refers to the three stages of investigation, review and prosecution, and trial, which correspond to different points in time when lawyers get involved. In the investigation stage, from detention and arrest to the conclusion of the investigation, lawyers mainly conduct meetings and apply for bail; in the review and prosecution stage, from the transfer of the case to the procuratorate to prosecution, lawyers can review the case files and submit defense opinions; in the trial stage, from the acceptance of the case by the court to the judgment and appeal, lawyers attend court hearings and provide defense. In terms of fees, law firms usually charge separately for each stage, or offer a package deal for the entire process. Clients can choose according to the progress of the case and their budget. Regardless of the method chosen, the agency stage, rights and responsibilities, and fees should all be clearly specified in the written power of attorney contract to avoid subsequent disputes.

Q2: How are criminal attorney fees typically calculated?

In criminal litigation, fees are generally charged based on the stages or the overall case, rather than as a percentage of the disputed property value (unlike civil property cases). Common methods include: charging fixed fees for each stage of investigation, review of prosecution, and trial; or charging a one-time fee for the entire process. The specific amount is determined by the law firm in consultation with the client based on the complexity of the case, the workload, the lawyer's seniority, and regional standards, and is stipulated in the power of attorney contract. It should be noted that risk-based fees are prohibited in criminal litigation, meaning that there cannot be agreements requiring payment only upon victory or upon a lighter sentence being imposed, or based on the outcome of the case. Consumers should be vigilant against such promotional practices and choose reputable law firms to sign standardized contracts.

Q3: Why can't risk-based fees be used in criminal cases?

Because criminal litigation involves personal freedom and the right to life, the outcome should not be influenced by the way of charging fees. Therefore, relevant regulatory provisions explicitly prohibit the practice of risk-based fees in criminal litigation cases. Risk-based fees refer to charging fees based on the outcome of the litigation (such as acquittal, lenient sentencing, or bail) and charging a percentage of the fee. This mechanism is prone to induce improper behavior and damage judicial fairness in criminal cases, and it is also inconsistent with the professional ethics of lawyers. Therefore, regular law firms will not promise "no win, no fee" or fee-sharing based on the outcome of the case. When clients encounter such promotions, they should carefully verify the qualifications and compliance of the law firm to avoid wasting money, causing unnecessary trouble, and even implicating the clients themselves.

Q4: What should I do if I'm financially struggling and can't afford a lawyer?

Legal aid can be applied for. According to Article 35 of the Criminal Procedure Law of the People's Republic of China, if a criminal suspect or defendant does not have a defense attorney due to financial difficulties or other reasons, they or their close relatives may apply to a legal aid agency. In cases where the suspect or defendant may be sentenced to life imprisonment or the death penalty, or in the case of minors, blind, deaf, or mute individuals, or mentally ill patients who have not completely lost the ability to recognize and control their actions, if they do not have a defense attorney, the people's courts, people's procuratorates, and public security organs shall notify the legal aid agencies to appoint lawyers to defend them. Legal aid is free of charge. It is recommended that eligible parties apply to the case-handling authorities or local legal aid centers as soon as possible. Do not give up professional defense due to cost concerns. Legal aid lawyers will also perform their duties in accordance with the law.

Q5: What fee clauses should I pay attention to when signing a power of attorney contract?

The key points to pay attention to are as follows: 1. During the agency phase, clarify which stages are covered—investigation, review and prosecution, and trial—and whether additional fees will be charged for services beyond these stages. 2. Regarding billing methods and amounts: Is it charged in stages or as a lump sum? Do they include actual expenses such as travel and investigation costs? 3. Scope of authority: Does it include meeting with clients, reviewing case files, attending court hearings, and submitting legal opinions? 4. Refund and modification rules: How are fees handled if the case takes an unexpected turn (e.g., withdrawal of charges, non-prosecution)? A written contract serves as a safeguard for both parties’ rights. Before signing, you can request the law firm to explain each clause in detail to avoid discrepancies between verbal promises and the contract. If you discover irregularities in the contingency fee agreement, you should demand its removal and retain evidence. If necessary, report the issue to the lawyers’ association or judicial administrative authorities.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation 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, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm