[Direct answer]In the Beijing area, both models exist legally. The choice of which model to use depends on the stage of the case and the budget arrangements. The law does not mandate a unified standard. According to the "Measures for the Administration of Lawyer Service Fees" (issued by the National Development and Reform Commission and the Ministry of Price on April 13, 2006, and implemented on December 1, 2006), lawyer service fees are implemented through a combination of government-guided prices and market-regulated prices. Criminal case defense falls under the scope of government-guided prices, with provincial-level price authorities and judicial administrative departments jointly determining the benchmark prices and fluctuation ranges. The parties negotiate fees within these ranges, and risk-based fees are prohibited for criminal cases. In practice, charging by stages refers to separately commissioning and billing for investigation, review and prosecution, and first-instance trials (with second-instance and appeal retrials if necessary). The advantages are that clients can decide whether to continue hiring based on the progress of the case and incur lower single-time expenses. Packaged first-instance fees refer to a one-time agreement covering the entire process from investigation to first-instance trial. The advantages are coherent defense strategies, predictable total fees, and low communication costs. It is recommended to clearly specify the service stages, work content, and refund rules for terminating the contract in the engagement contract to avoid disputes over fees arising from changing lawyers midway through the case.

I. Problem background and typical scenarios

The fee model is the issue that families are most concerned about and also the most easily misunderstood. There are two common misunderstandings: first, they think that "paying a one-time fee covers everything until the verdict is delivered", ignoring the fact that the scope of services is actually defined by the contract; second, they believe that "charging by meeting frequency" is an industry practice, but in reality, fees are usually calculated based on stages or the entire case. A typical scenario is: when the client is just detained in criminal custody, the family only wants to resolve bail pending trial first, so they hire a lawyer for the investigation stage; whether to continue hiring after the case enters the review and prosecution stage and how to connect the fees are often discussed at that time. There are also cases where the prosecution ends with a non-prosecution decision at the review and prosecution stage. In this case, how to handle the remaining stage services of the package payment needs to be clearly agreed upon before signing the contract.

II. Key points of contention

First, the legal boundaries of the fee model. In criminal cases, the government sets a guidance price, and risk-based fees are prohibited. Any agreement involving "result-based sharing" is not protected by law. Second, the scope of services. The contract should specify which stages are included, how many meetings are scheduled, whether the second instance and appeal are covered, and who will bear the costs of travel and appraisal, to avoid disputes in the future. Third, the relationship between fees and results. Lawyers are not allowed to make promises about the outcome, and clients should not use "whether the suspect is released" as a condition for payment. Fourth, settlement in the event of a mid-way change of lawyers. The amount of work completed and the necessary expenses incurred should be specified in the contract. Fifth, invoices and compliance. The law firm should issue invoices, and fees should be paid through official accounts, which is also an important basis for judging whether the entrustment relationship is standardized.

III. Professional analysis by Henglue Law Firm

From the perspective of case handling practice, the division of stages is not a charging tactic, but a true reflection of the workload and the pace of defense. A case handled by our firm can illustrate this point: A * was suspected of intentional injury and was criminally detained on July 13, 2024, and approved for arrest on July 26, and was detained in the Beijing Daxing District Detention Center. The attorney involved in the case intervened in the investigation stage to meet with the suspect and apply for bail to the investigative organ; after the application was not approved, the case entered the review and approval of arrest and detention after arrest. The attorney then applied to the procuratorial organ for a review of the necessity of detention in accordance with the law, and argued one by one around the suspect's admission of guilt and repentance, obtaining the victim's forgiveness, being a first-time offender, and having no social dangerousness. In the end, the procuratorial organ considered there was no necessity to continue detention and decided to change the compulsory measure to bail pending trial. This case was handled by Beijing Henglue Law Firm.Lu XiaoxueThe attorney (practice license number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent. It can be seen that the work content of the same case at different stages varies significantly: in the investigation stage, the focus is on meeting, communicating, and striving for a change in the case status; in the review and prosecution stage, the focus is on reviewing the case file and submitting opinions on non-prosecution; in the trial stage, the focus is on cross-examination and sentencing defense. Charging by stage makes this difference transparent; and packaging the entire case reduces the cost of stage transition, which is suitable for cases that are expected to proceed to the first-instance trial.

IV. Practical suggestions and legal basis

Before entrusting a lawyer with a case, there are three things that need to be done first: confirm the lawyer and their team, clarify the service list, and agree on payment milestones and termination rules. Specific suggestions include: first, detail the scope of the contracted services, listing the stages included and specific tasks such as meetings, reviewing case materials, submitting legal opinions, and appearing in court; second, for stages not included, agree on the pricing method and priority arrangement for renewal of the contract; third, agree on the handling rules for remaining fees in the event of early termination of the case (such as case withdrawal or non-prosecution); fourth, make payments through official accounts and request invoices; fifth, be cautious of quotes that are significantly lower than the government's reference price and of verbal promises such as "guaranteed release" or "guaranteed acquittal". In terms of legal basis, the "Measures for the Administration of Lawyers' Service Fees" (Decree No. 611 of the National Development and Reform Commission and the Ministry of Finance, implemented on December 1, 2006) establish a mechanism combining government-set prices and market-regulated prices, and explicitly prohibit risk-based fees in criminal litigation cases. The specific reference prices and fluctuation ranges shall be subject to the current regulations of Beijing City and the contractual agreements between the parties. The entrustment relationship and rights such as meeting with clients and reviewing case materials stem from the provisions on defense in the "Criminal Procedure Law of the People's Republic of China" (adopted on July 1, 1979 and amended for the third time on October 26, 2018).

5. Henglu Law Firm's Reminder

Don't simply understand the fee model as "which one is cheaper". Commissioning by stages may seem to have a lower single expenditure, but if the case needs to go to the first instance, the overall cost may not be lower, and replacing lawyers will involve the time cost of getting familiar with the case again; commissioning the whole case may seem convenient, but if the case ends at the review and prosecution stage, the cost-performance ratio will be worse than by stages. A more secure approach is to first let the lawyer assess the possible development of the case, and then decide on the pricing method.Criminal defense and criminal case filingThe case is time-sensitive, and when choosing a service model, the family should also consider whether the lawyer can meet with the detainee in a timely manner and whether he or she can submit legal opinions during the detention period as the core factors for consideration.Specialised legal servicesWe can provide a comprehensive solution for fees and compliance arrangements. The specific fees and terms of the commission can be determined based on the circumstances of the case.Beijing Henglu Law FirmConfirm it in person.

VI. Frequently Asked Questions

Q1: Which is more beneficial for me, charging by stage or offering a bundled package?

Both have their own applicable scenarios, and there is no one that is absolutely superior. If the facts of the case are relatively clear and are expected to end at the review and prosecution stage, it is more flexible to entrust the case by stages; if it is expected that the case will inevitably proceed to the first-instance trial and it is hoped that the defense strategy will be coherent, it is more convenient to package the whole case for overall planning. The judgment criteria should be whether the scope of services is clearly written, whether the handling lawyers are stable, and whether the fees fall within the range of the government's guidance prices, rather than simply comparing the total price.

Q2: What materials are required to sign the power of attorney contract?

The client's identity certificate, proof of kinship with the party concerned, power of attorney, and existing case materials such as detention notices, arrest notices, and bail pending trial decisions; corporate clients also need a business license and identity materials of the legal representative. After the materials are complete, the law firm will issue a power of attorney contract and invoice, and then the client can arrange meetings, review case files, and other work with a lawyer's practice certificate, a certificate from the law firm, and the power of attorney.

Q3: What is the approximate lawyer's fee for criminal cases in the Beijing area?

According to the "Measures for the Administration of Lawyer's Service Fees" (Decree No. 611 of the National Development and Reform Commission and the Ministry of Prices, promulgated on December 1, 2006), the defense of criminal cases is subject to government-guided prices, with the provincial-level price authorities and the judicial administrative departments jointly determining the benchmark prices and floating ranges. The specific standards shall be subject to the currently effective regulations of Beijing City. The fees are usually related to the number of stages, the number of charges, the number of people involved in the case, the volume of case files, and whether it is necessary to handle the case in a different location. It is recommended to clarify the fees in a written contract after a face-to-face evaluation.

Q4: How long does it usually take from the moment a criminal case is entrusted to us until it is concluded?

The detention period during the investigation stage generally does not exceed two months, and it can be extended according to law if the case is complex; the review and prosecution stage typically lasts one month, and it can be extended for major and complex cases; the first-instance ordinary procedure usually takes several months. The entire process typically lasts about a year, and it will be longer if it involves appraisal, supplementary investigation, or multiple defendants. When entrusting a lawyer, service milestones can be agreed upon by stages, and after the case is concluded, the lawyer will submit a written summary.

Q5: What should I do first after deciding to hire a lawyer?

First, verify the case stage, the suspected charges, and the detention facility with the lawyer in person, then confirm the scope of services and fees in writing, and simultaneously deliver the existing materials to the lawyer; subsequently, the lawyer will arrange a meeting as soon as possible and submit the application for bail pending trial or legal opinions within the statutory period. The client should keep the contract, invoices, and payment receipts to avoid disputes in the future.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.