[Direct answer]In the Beijing area, it is a common practice for lawyers to charge fees in stages: the first and second trials are two independent procedures, and the fees are calculated separately. Criminal cases are divided into three stages: investigation, review and prosecution, and first-instance trial, while the second instance is charged separately. Civil cases are usually charged based on a percentage of the litigation amount in the first instance, and the second instance is usually charged at a certain percentage of the first-instance fees or negotiated for a reduced fee, except for those signed with a fixed-price contract. The fees are set by the market and there is no unified price list. The specific amounts are subject to the contract of entrustment. It should be noted that risk-based fees are prohibited in criminal litigation cases and cases such as marriage and inheritance.

I. Problem Background and Typical Scenarios

After the first-instance trial, if the defendant is not satisfied with the verdict and wants to appeal, they will find that the original power of attorney only covers the first-instance trial. The lawyer's quoted appeal fee often surprises many people. Some people think that "one case, one fee", while others are attracted by the sales pitch of "all inclusive until enforcement", only to face additional charges midway. If the fee issue is not clarified in advance, it often becomes the source of the first conflict between the client and the lawyer in the second year of the case.

II. Key points of dispute

Firstly, the boundaries of the scope of the commission - whether the contract stipulates "first-instance trial" or "until the judgment takes effect". Secondly, the market range and negotiation space for second-instance fees. Thirdly, the risk differences between fixed-price and segmented pricing models. Fourthly, the burden of fees: in civil cases, if it is agreed that the breaching party shall bear the attorney's fees, such an agreement can be supported. Whether the second-instance fees can be claimed together depends on the agreement and the court's ruling.

III. Professional analysis by Henglue Lawyers

First, let's clarify the charging logic: The essence of attorney fee pricing is workload-based pricing. The workload of the second instance is usually less than that of the first instance (the case file is already familiar, and the focus is narrowed), but the procedural independence determines that it is a new engagement—new trial preparation, new legal opinions, and possible new evidence; therefore, there are three common charging methods for the second instance: negotiating a renewal fee of about half of the first instance's fee, charging based on actual workload, or including the second instance's fee in the first contract when the entire case is packaged. Criminal cases have a stronger stage-based nature: it's mainstream to charge separately for investigation, review and prosecution, and the first instance, and calculate the second instance separately; because the meetings, review of case files, legal opinions in each stage are independent work. Looking at the actual intensity of Henglue's case handling, it's clear where the fees come from: in a criminal case with intentional homicide and civil compensation, the attorney comprehensively reviewed physical evidence, documentary evidence, witness testimonies, appraisal opinions, on-site inspection records, and audiovisual materials, refuting the defense's arguments about subjective intent (showing homicide motives before the impact, still accelerating at a distance of several meters) and voluntary surrender (lying to the police about brake failure and contradictory statements). The court sentenced the defendant to death for intentional homicide and supported the compensation request. The intense review of case files and courtroom arguments directly correspond to the fee level in major cases. Similarly, in a civil case of administrative reconsideration of expropriation information disclosure, the attorney applied for reconsideration twice, reviewed the government's response page by page, and pointed out four major illegal points in the expropriation announcement and funding proof, ultimately forcing the reconsideration authority to order the government to respond again. The more procedural nodes there are, the more the fee structure needs to be predefined in advance.

IV. Practical suggestions and legal basis

Four key points of the contract: First, clarify whether the scope of the commission includes "first-instance trial", "second-instance trial", and "enforcement". Second, list the fees and payment deadlines for each stage to avoid lumping them together. Third, separately list the expenses paid on behalf of the client, such as travel and appraisal fees. Fourth, incorporate the refund rules for terminating the contract into the contract terms. Main legal basis: - Relevant provisions of the Law of the People's Republic of China on Lawyers regarding professional norms and fees; - The Market Regulation Price Framework established by the "Measures for the Administration of Lawyer Service Fees" and the scope of cases prohibited from risk-based fees; - Local guidance documents on lawyer service fees in various regions; - Specific standards shall be subject to the currently effective regulations and the provisions of the contract of commission.

5. Henglu Law Firm's Reminder

When comparing prices, make sure to align the specifications before comparing the numbers. For example, the total price including the second instance and the price for a single stage are completely different. There is a 15-day time limit for appealing to the second instance (15 days for civil appeals and 10 days for criminal appeals). When deciding whether to appeal, you need to consider both the possibility of a different judgment and the additional costs. If the chances of winning are slim, negotiating a settlement may sometimes save more overall costs than forcefully appealing. For any verbal promise that "there will be no fees charged for the second instance until we win", first check whether it complies with the prohibitive provisions of risk-based legal fees. For cases involving multiple stages of litigation, you can consult a lawyer to clarify the relevant legal procedures and costs.Criminal defense and criminal case filingFor obtaining a comprehensive solution for services, those involved in first- and second-instance civil and commercial cases can refer to it for referenceBusiness and contract disputes in enterprisesFor columns, cases involving expropriation and compensation litigation can be combined together.Land expropriation and demolition, and administrative litigationFor plate-related matters or issues involving the collection of execution-related payments, please feel free to consult us.Creditor's rights and debts, and enforcementFor the team, you can contact them for other commissioned projectsSpecial services.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a new lawyer for the second instance?

It's not necessary to change lawyers, but it's essential to reconfirm the power of attorney: if the first-instance contract does not cover the second-instance, it's necessary to renew or sign a new contract; the original lawyer is familiar with the case and has a cost advantage. Whether to continue or not should be based on the degree of professional match.

Q2: Approximately, what percentage of the first-instance legal fees are charged for the second-instance litigation?

The common negotiation range is about half of the first-instance fees, and there are also specific agreements ranging from 30% to 70% of the first-instance fees. There are no mandatory standards for market-regulated prices; the second-instance fees will increase if the workload is high (involving new evidence or new procedural issues).

Q3: Can the attorney's fees be charged to the other party?

In contract disputes where the parties have explicitly agreed on the provisions concerning the bearing of attorney's fees, the court generally supports this, and the first-instance and second-instance litigation costs shall be claimed in accordance with the agreement. For other types of cases such as infringement, whether the court will support this shall be subject to the local adjudication rules.

Q4: Is it still useful to hire a lawyer after the first-instance judgment in a criminal case?

It's useful. The appellate court can continue to defend on issues such as fact determination, sentencing, and procedural matters; even if no appeal is filed, the opinions on commutation and parole after the judgment takes effect and the evaluation of appeals also require professional judgment, and the fees will be negotiated based on the new stage.

Q5: How to avoid lawyers charging extra fees midway through the process?

All the service stages, frequencies (meetings, court appearances), cost milestones, reimbursement items, and refund rules should be written into the contract. Oral commitments that are not included in the contract should not be used as a basis for payment.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Criminal defense legal services·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 a dispute arises, please consult a practicing lawyer in time.