How do Chinese lawyers provide legal services

 2018-06-26  33


The service contents of Chinese lawyers can be divided into litigation legal service and non-litigation legal service. As the name implies, litigant legal service means that Chinese lawyers provide the agency or defense services of courts and arbitral tribunals. Non-litigation legal services is all the lawyer service except for litigation legal services, including but not limited to provide legal advice, draft legal papers, participate negotiation, conduct due diligence and so on.

 

Fees charged by Chinese lawyers are mainly based on workload. Litigation legal services are usually paid on piece and time, taking into account the object of the action. Non-litigation legal services are generally based on the number of hours of workload. No matter which kind of charging mode is regulated by the Guidance on Lawyer Fees, which is approved by the price department of the government. Generally, Chinese clients want lawyers to give a package price to complete a transaction. In addition, for trial lawyers, especially on behalf of the plaintiffs' lawyers of the individual, because the plaintiff individuals could not afford the high fees (e.g. a plaintiff in a medical dispute), and the lawyer was confident to win the lawsuit, then the Chinese lawyers can negotiate a risk-reward with the plaintiff, i.e. the lawyer obtaines a percentage of the compensation  from the plaintiff as attorney fees and this proportion is generally on the high side, of course. In addition, if the Chinese lawyer travels on business because of the need of the case, the travelling expenses should also be borne by the client.