1. How to calculate lawyer fees in Chongqing blogger video infringement disputes
In disputes involving bloggers’ video infringement, government-guided prices are not applicable and market-adjusted prices are implemented. After negotiation between the parties and clients with the lawyer or law firm, hourly charging can be adopted, and the charging standard is 100-3,000 yuan/hour.
The following are cases where government-guided prices were implemented:
(1) Hourly charging standards, 100-3000 yuan/effective working hour.
(2) As a citizen, request for the payment of labor remuneration, work-related injury compensation, request for the payment of alimony, child support, support, and request for the payment of pensions and relief funds, Act as an agent in civil litigation and administrative litigation cases requesting social insurance benefits or minimum living security benefits, and as an agent in group litigation cases involving public interests such as safety accidents, environmental pollution, land acquisition and demolition compensation (compensation), and as an agent when citizens request the state Service fee standards for compensation case attorneys.
(1) The charging standard is determined according to the trial stage.
1. The piece-rate charging standard is 3,000--15,000 yuan per piece.
2. Charge standard based on the target amount
Below 100,000 yuan (including 100,000 yuan) yuan), 10% (minimum fee 3,000 yuan);
100,000 yuan to 1 million yuan (including 1 million yuan), 6%;
1 million to 10 million yuan (including 10 million yuan), 4%;
10 million yuan Above, 2%.
The fees are calculated progressively according to the difference between the subject matter of the dispute between the parties.
(2) The fees for retrial and appeal cases are determined according to one trial stage. Lawyer service fees will be charged according to the methods and charging standards.
2. Call a lawyer Litigation Procedure
1. Writing a Complaint
A civil complaint is initiated An important legal document in legal proceedings. Appropriate litigation claims, as well as statements of facts and reasons and legal basis, are all important factors that determine the success or failure of the lawsuit. Therefore, writing a complaint must have a good idea and design, otherwise it will not only affect The result of litigation may sometimes result in loss of expenses.
2. Establish a case
First of all Choose a court with jurisdiction, and then submit the complaint, evidence and other relevant materials. After getting the court acceptance notice, wait for the court summons to notify the hearing.
3. Trial proceedings
The court proceedings mainly include court investigation and court debate. The production and cross-examination of evidence in the court investigation stage are highly professional litigation behaviors. The debate stage is to fully elaborate and support When providing the factual reasons and legal basis for your own claims. The purpose is to persuade the judge and the other party to recognize your point of view. After the debate, wait for the court’s decision.
4. Judgment
It is the job of the court to make a judgment after the hearing. After receiving the judgment, if the parties are dissatisfied with the judgment, they must appeal in time to start the second instance procedure. Otherwise, the first instance judgment will be It takes effect, and the issues disputed by both parties must be implemented in accordance with the judgment.
5. Execution
The judgment takes effect Afterwards, if the party does not voluntarily perform its obligations within the time limit determined by the judgment, the other party should promptly apply to the court for execution. If the party refuses to perform the judgment, the court may take measures such as detention and fines, and in serious cases, criminal liability may be pursued.
Legal basis: "Civil Procedure Law"Article 122 A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims and Facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
3. What should I do if I encounter a blogger’s video infringement dispute?
Legal Savior Network recommends: Find a lawyer. As people become more and more aware of the law, they will be more inclined to take up legal weapons to protect themselves when encountering disputes in life.
1. It can reduce litigation risks. Litigation involves a lot of legal expertise. Therefore, hiring a lawyer can comprehensively control and prevent litigation risks.
2. As a plaintiff, hiring a lawyer can make a comprehensive claim, and as a defendant, you can have equal rights with the other party. After fully understanding the case, the lawyer can propose comprehensive compensation for the losses suffered by the victim, and guide the client or the lawyer to collect complete evidence so that the request can be supported to the greatest extent possible. As a defendant's attorney, you can also fight against them and safeguard your legitimate rights and interests.
3. Hiring a lawyer can reduce the pain of the client. Ordinary people rarely deal with the court, especially when they encounter an unreasonable opponent. It is difficult for an ordinary person to accept this reality. After hiring a lawyer, you can entrust the lawyer with full authority to handle the matter, which saves you a lot of troubles. It is easier to win the case with a lawyer and have a more complete claim.
I hope the above content can be helpful to you. If you have other questions, you can click to consult, or go to the Legal Savior website to consult a professional lawyer.
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