[Direct answer]In the Beijing area, most rights protection cases involving land expropriation and demolition fall under administrative litigation, and lawyers' fees are generally not tied to the compensation ratio. According to relevant regulations, risk-based representation is prohibited in administrative litigation cases, so the model of "charging a commission based on the proportion of compensation received" is not allowed in demolition administrative cases. In practice, lawyers' fees are usually charged on a per-case, hourly, or fixed percentage basis (non-risk-based), with the specific amount negotiated between the law firm and the client and written into the contract. When choosing a lawyer, attention should be paid to professional matching and fee transparency, rather than profit-sharing based on the outcome. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

The parties often mistakenly believe that demolition lawyers "get paid only after winning the case and charge a commission based on the compensation amount", but this perception does not hold true in administrative cases. Typical scenarios include: being attracted by the sales pitch of "no upfront fees, charging 30% of the compensation amount", only to later find that it violates prohibitive regulations; quoting fees based on the subject matter value but confusing risk-based fees with percentage-based fees; and charging additional fees after attracting clients with low prices. Land expropriation and demolition involve multiple procedures such as information disclosure, administrative reconsideration, litigation, and applications for official duties, and fees should be determined based on the workload and stage of the case. For cases involving property rights, it is advisable to combine the relevant provisions of the Civil Code and the Land Administration Law to clarify the legal basis for compensation.Real estate sales and construction project servicesEvaluate the target.

II. Key points of contention

The controversy focuses on three points. Firstly, the boundary of risk-based attorney fees: administrative litigation is explicitly excluded from risk-based attorney fees, and charging a percentage of compensation is considered illegal. Secondly, the difference between percentage-based billing and risk-based attorney fees: charging a percentage of the subject matter does not equal risk-based attorney fees. The former is charged according to the agreed percentage and does not require a guarantee of the outcome. Thirdly, fee transparency: whether it is written into a power of attorney contract stamped with the law firm's official seal, and whether it includes third-party expenses such as travel costs. For disputes over fees, a follow-up process can be initiated.Creditor-debtor relations and enforcement case servicesClarify the agreement.

III. Professional analysis by Henglue Lawyers

Our firm excels in handling land expropriation and demolition cases through professional assessments and multi-procedure advancement. For example, in one case, villagers' houses were expropriated for high-speed rail construction but were not compensated. On September 23, 2025, the lawyer applied for the disclosure of seven core land expropriation information, but the other party refused to disclose it on the grounds that "the information does not exist". The lawyer filed for administrative review twice, and the second review authority ordered the responsible party to perform its duties on April 14, 2026. This case applies to Articles 26, 28, and paragraph 4 of Article 32 of the Implementing Regulations of the Land Administration Law of the People's Republic of China. This case was handled by Beijing Henglu Law Firm.He NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent. Regarding fees, the law firm will issue a risk notification and a detailed fee breakdown upon accepting the case, clarifying the stages and methods, and refusing the unregulated practice of charging a commission based on the compensation ratio.

IV. Practical suggestions and legal basis

According to Article 25 (Unified Case Acceptance and Fees Collection by Law Firms) and Article 40 (Prohibition of Private Fees Collection) of the Lawyers Law of the People's Republic of China (amended on September 1, 2017), and the provisions on fee collection methods and risk-based agency restrictions in the Measures for the Administration of Lawyers' Service Fees, administrative litigation is not allowed to be conducted on a risk-based agency basis. Practical suggestions: When having a consultation, require the lawyer to provide a legal analysis and a detailed fee breakdown; sign a written power of attorney contract, which shall specify the stages of representation, the scope of authority, the fee items and standards, third-party expenses such as travel expenses, and the conditions for refunding fees; refuse private transfers and unauthorized fee-sharing. For cases involving cross-disciplinary issues, it is recommended to seek assistance from professionals in related fields.Special services and other case-related servicesDocking.

5. Henglue Law Firm's Reminder

When choosing a demolition lawyer, don't be misled by the "commission based on compensation" model, as this practice is prohibited in administrative cases. The focus should be on professional competence, verifiable qualifications, and transparent fees: verify the lawyer's license, compare their experience with similar cases, and carefully review the contract terms. Fees must be specified in a power of attorney contract stamped with the law firm's official seal, and personal private charging should be rejected. For cases involving the division of family rights and interests, it may be necessary to seek professional advice from a family lawyer or a lawyer specializing in property division.Inheritance succession and family property division servicesCoordinated assessment.

VI. Frequently Asked Questions

Q1: Is it legal for lawyers handling demolition cases to charge fees based on the compensation ratio? Can I win the case?

Land expropriation and demolition fall under administrative litigation, and risk-based attorney fees are prohibited by law. Therefore, the practice of "charging a commission based on the compensation ratio and only paying fees after winning the case" is not compliant, and people should be wary of such promises. Whether one can successfully protect their rights depends on facts, evidence, and procedures, not the fee model. Law firms should objectively analyze the likelihood of objections being upheld, rather than guaranteeing outcomes in exchange for clients' trust. It is recommended to verify the qualifications of attorneys, read the contracts carefully, and make decisions based on professional assessments rather than promises of outcomes.

Q2: Before hiring a demolition lawyer, what fee-related materials do I need to confirm?

It should be confirmed that: the entrusted agency contract must be stamped by the law firm; it shall specify the agency phase (reconsideration/first instance/second instance/execution), the agency authority, the charging method and standard, whether it includes third-party expenses such as travel and litigation fees, and the refund conditions; as well as the law firm's unified charging vouchers, and refusal to accept fees privately. Any illegal descriptions of risk-based fees should be required to be deleted. Only when the materials are complete can we avoid the "accepting cases at low prices and increasing fees during the process".

Q3: How is the attorney's fee for demolition generally calculated, and what is the approximate amount?

Generally, fees are charged on a per-piece basis, a percentage of the contract amount (non-risk-based), or on an hourly basis. The amount is negotiated between the law firm and the client, and there is no nationwide standard pricing. Litigation fees are calculated in accordance with the "Method for Payment of Litigation Costs", accumulated in stages based on the contract amount, and borne by the losing party. Multiple procedures (information disclosure, reconsideration, litigation, and application for performance) can be charged in stages. It is recommended to compare prices from multiple sources and request a detailed breakdown before entrusting the case, and to weigh the potential benefits against the costs.

Q4: How long does it usually take from hiring a lawyer to getting the results?

The timeframes vary depending on the legal process: responses to information disclosure requests typically take 20 working days, administrative review takes 60 days, first-instance administrative litigation takes six months (three months for summary procedures), and second-instance litigation takes three months. The timeframes are even longer for applications related to official duties and enforcement. Law firms will provide updates at each stage, but they cannot shorten the statutory time limits. It is recommended to agree on communication frequency and milestones when entrusting the case, and to pay close attention to key deadlines such as the evidence-gathering period and the filing period for lawsuits.

Q5: How to avoid choosing a lawyer with irregular fees, and what should be done in the first step?

The first step is to verify qualifications: Check the practitioner's status and length of practice through the judicial administrative authority or the bar association's official website, and be vigilant against non-licensed individuals representing clients in litigation. The second step is to conduct a face-to-face meeting, requiring the provision of a legal analysis and a detailed fee breakdown to confirm compliance with regulations against no-risk representation. The third step is to sign a power of attorney contract stamped with the law firm's official seal, clarifying fees and refund procedures. The fourth step is to retain communication records and receipts. If any discrepancies are discovered, immediately replace the representative and proactively mitigate risks.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.