Anonymous
Anonymous asked in 政治及管治法律及道德 · 5 years ago

律師行收費問題

請問如果律師行喺開庭前收四十幾萬律師行政費加開會加報告費,合理嗎?我爸爸找律師替他打一場關於他的地被無良發展商佔了,還起了房屋。律師行用差不多兩年時間據說去揾資料,等報告出,但仲未去到入紙上庭已經出了三張總共差唔多四十萬既單,每張十幾萬,正常嗎?每次開會時,佢地都會安排大律師在場,有這個需要嗎?我以為係律師行揾資料,然後再將資料交比大律師研究,再由大律師喺法庭上辯論。而家個律師話出紙比對方,但開庭打會好貴,點解個律師唔喺一開始接既時候交待清楚,仲係咁不斷話贏梗,而家話所有資料準備好就話但會好貴。當爸爸問點解未開庭前要收咁貴,他們只説每間收費不同。爸爸是退休人仕,有點擔心他辛苦既儲蓄可能會被呃光,最重要係擔心可能個律師除左有D唔誠實呃錢外,仲要比個希望之後慢慢毀滅佢。想請問個律師或律師行喺呢件事既操守或收費上有無問題?如果有,可以點做?希望有心人仕可以提供有D意見,萬分感謝

Update:

回本週之星,係咁既咩?法律唔係用來保障市民既財產受到法律保障之餘,亦都保障普通市民who is without that professional skills and knowledge, 避免受到不公平對待。equity ,consumer law ...等等好似係咁衍生出來如果我冇記錯。又如果好似你咁講,係有錢人玩意,可以任由律師亂開價,咁中產0米死得。又晤可以申請援助,又比晤起幾百萬律師費。可否有其他比較有良心既法律人仕或相關經驗既人黎比下其他意見?本週之星,thanks by the way。

Update 2:

Thanks 巴吉拉& Gary. 我地之前曽經搵過三個律師,比左錢,但全部都hold住,等成年冇回覆,打比佢地問進展成點,一個話個律師去左旅行,等下。換等二個,又係收左錢,又成年,打去問,揾唔到人,到後來仲要話"係呀,我擺明食你"。第三個,又一年,同之前兩個差唔多。本來諗住放棄,又比我地搵到呢個。好似為我地帶來署光咁。但因為之前有過咁多次既"經驗",好驚個律師又會係咁,真係無辦法先係度post問下意見。

Update 3:

Thanks again. I actually am trying to get to the bottom of it but dad won't let me.He is worrying that once he asked, the lawyer might do it differently.so, when the bills came, he just went to the bank and paid it. Regarding the professional misconduct, what proof do we need to provide?

Update 4:

如果我地投訴,會唔會被標為麻煩人仕?由其律師圈內人大家都識大家。而家爸爸為呢單官司被折騰差唔多四、五年。終於有個律師唔係好似之前幾個咁,如果而家投訴,個律師會唔會又退返支票比我地話����你單案比第二個?no offence,但發覺要揾個好律師同中六合彩一樣講彩數同好難。律師收費又高,再搵過又要再比。

Update 5:

Thanks again.當時個律師講既時候係衝口而出,無預兆,所以我地無實質既證據,得比完錢既收據。喺果段時候,爸爸訓唔到,雙眼爆唒紅根,瘦哂,所以我地冇話佢知個律師講D咁既野,剩係話佢知個律師話唔打,去攞返D文件但冇得退錢。第三果個話做都唔夠賺,話少,退返張支票訂金俾我地(又係hold 住一年),但中間又收在D錢話去做報告(冇得退)。個律師講既時候已經係兩三年既事,我地都從來無提過,不過而家講起個心都好酸自己個爸爸俾人咁話法同當水魚。當我地擔心梗唔知個律師係咪有心或拖住黎打,打到我地冇錢就話唔好意思,幫唔到。又或者對方不斷上訴,又係不停咁打落去,但爸爸都幾正面,話唔擔心得咁多,唯有信個律師

Update 6:

Thanks Tai Man,唔係想投訴,只不過係想件事可以解決。知道大約總共用了多少錢嗎?個律師最初話幾十萬就得,而家未上已經用左咁多,所以擔心~

Update 7:

回Gary,有諗過,亦都上過barrister associate 搵過往相關案例。有讀過同實際做係兩回事。法律程序又覆習。當然如果自己做到就唔駛揾專業人仕。我差唔多睇過數十份以上既案例(由土地至高院既都睇過。有自己辯護贏過既case,但輸既亦唔少。上到庭,如果對方搵有經驗既大狀,晤係比人噤住黎打,就可能係技術上輸左。明明就係受害者,如果打,可能賠上全部儲蓄。放棄,即係由得比人搶完當冇事發生。

Update 8:

We are definitely not the type of people who want to draw people's attention or sympathy. It's we find the problem,we want to get it solved and then move on. It's not like we are looking for troubles and try to justify it.

Update 9:

"Do it yourself" is not possible as my dad is not really good at comprehension. Otherwise, he will not be in this situation and not being cheated for so many times. It's very desperate to see the truth that if u fright for it, then there is a chance that you may lost all your savings

Update 10:

I wish I could just delete the previous comment which contains a lot of grammatical mistakes, but I can't , can I? There are something that you don't want to risk it especially when it comes to your loved one

Update 11:

Now, people are telling you that u need to prepare to sacrifice every cents you earned to get something back when that thing was actually belonged to u and u did paid for it. Have u even experienced there are situations u suddenly become speechless even though u know what u are trying to say?

Update 12:

There are mistakes you can't afford it and you don't want to risk it. It's very upsetting to know that that's the way how things are done. Innocents are supposed to be protected, and now they got to do something to protect themselves. It's very upsetting.

Update 13:

And frustrated.

Update 14:

I know u guys are just trying to help and I really appreciate it. But, the truth stinks. Thank for all your help, especially thanks to Gary with many valuable suggestions and advice.

Update 15:

Gary, do u mind if I ask where can I find the verdict or court case? Database from hk Jurisdiction -land dispute or high court case? I have tried both and read the cases but hardly can find any cases that can be used for precedent.

Update 16:

Sorry for keep troubling you, it would be appreciated if u could give me some ideas on that one. Thanks in advance.

Update 17:

Gary, thanks again for following my long post, and you have been very helpful and are truly deserved to earn the points. Although there are still many questions that I wanna ask, (like keywords,etc..), I'd better to release you from here (`∇´)ψε-(´∀`; ). Thank you so much.

Update 18:

Hi Gary, It seems like I can't just give the point and have to wait the question to be finished. Or I would have to choose the two candidates for other people to choose..I promise will give you the point when the date is due.

Update 19:

Thanks Rhdiddl. The information you provided is also very useful and helpful. It's very depressing that you either prepare for bankruptcy or "DIY". Sorry for not being able to give you the points. It's truly appreciated.

5 Answers

Rating
  • Gary
    Lv 7
    5 years ago
    Favorite Answer

    I won't say it is completely reasonable (as the law firm fails to explain the expenses to you). However, it seems it is reasonable.

    In the litigation, professional reports or expert testimonies can cost more then the legal fee as in many cases, these reports and testimonies are the key of the entire case. Since you do not have the itemized list of expenses, it is difficult to say right or wrong.

    However, since you have mentioned a report was done, my guess is most of the fees are spent on that report. In that case, it sounds reasonable.

    If you have questions regarding your bills, you should always discuss with your firm first. After explanation, if you suspect issues, you can contact Law Society of Hong Kong or Hong Kong Bar Association (for the fees collected by barristers).

    2014-12-10 10:15:46 補充:

    Without the bills and the actual work products, it is still difficult to make a conclusion.

    However, the lawyer who said "係呀,我擺明食你" can be subject to disciplinary action (depending on the proof) for professional misconduct.

    2014-12-10 15:58:05 補充:

    1. At the least, it can't be "he says, she says".

    2. The firm can. However, due to privilege issue, everything must be confidental. So no one outside the firm can know and it can't be disclosed.

    A refund is unlikely unless the bills have issues.

    2014-12-11 03:37:33 補充:

    1. Bottom line - how many people heard that?

    2. I think I finally understand what you mean now. Simply saying - a report (or 2) has been done.

    But no legal action has been ever filed.

    2014-12-11 03:38:44 補充:

    In this case, why not trying to do it yourself?

    2014-12-11 11:03:40 補充:

    Your reason is not really a reason.

    Assuming you know what you are doing and talking, your chance of winning/losing is the same as an experienced lawyer specialized in the field.

    2014-12-11 11:08:20 補充:

    It sounds like the court has drawn a clear line on the issue in dispute. So unless this case has a new twist, it is possible to estimate the court's ruling.

    What you have said is simply "又要威,又要戴頭盔".

    If you want to fight for it, then you must give up something and bear the risk.

    2014-12-11 15:48:32 補充:

    Continued:

    For judgments, see here:

    http://legalref.judiciary.gov.hk/lrs/common/ju/jud...

    For case precedence, see here:

    http://www.hklii.hk/eng/

    Always use English to search.

  • 5 years ago

    既然你已選定答案, 似乎我答嚟都無用 !!!

    只係提醒你, 律師收費, 事前一定要告知你爸爸,

    例如收幾錢一個鐘, 要雙方同意, 或簽同意書.

    冇簽? 係律師既問題. 口同鼻坳?

    佢夠膽開天殺價, 你可以投訴去律師會.

    你可以要求去法庭TAX佢張單

    (你唔一定有著數, 但起碼由客觀D既人評定張單, 當然呢D唔係免費).

    搵區議員或律師會既免費法律服務點樣TAX張單

    律師轉聘大律師, 事前一定要得到你爸爸同意.

    大律師收費, 事前一定要告知你爸爸.

    唔可以無凌兩可既, 知D唔知D既轉聘大律師.

    呢兩樣野如果冇得你爸爸同意, 你爸爸唔使負責.

    律師行要自己俾大律師費用.

    話說回頭, 開會+報告費+每次開會有大律師在場...

    打業權官司, 上庭前既單, 四十萬既單... 算少.

    至於行政費, 我都唔知佢指乜?

    搵區議員或律師會既免費法律服務幫下你啦.

  • 5 years ago

    而家你係2個問題,到底你係要解決件事,定係想投訴律師樓?

    雖然我冇能力亦冇義務去幫你解決問題,但之前有單居屋業主同政府打既官司,係值得你去參考,人地都係單人匹馬,用個人力量去搜集資料,上庭自辯,用將近10年既時間去為所有受益人取回公道(贏左政府),咁你唔自己跟單野,只係想律師幫你贏官司,其實道理就好簡單,你咩都唔知,唔呃你唔通呃果d識野既人咩.

    同埋提醒你,輸官司除左律師費,堂費都會輸死你.

  • 5 years ago

    法律並不是人人平等,有錢就係囖!,打官司要洗幾多?淨係打離婚,如對訟,閒閒地都打你幾十萬,中產,貧窮嘅人點去玩,右不一定打贏,輸了重要俾堂費!

    你可試試找區議員的免費法律咨詢,睇佢有咩意見,係唔係可向律師公會投訴,另試下問法援,可唔可以轉過去搞,法援係有資產都可新請,佢係睇你可以承受幾多,你要打嘅對手係發展商,佢地大把錢,建譏找法援,唔係甘打落去,破產都有份!!!!!祝你好運!!!!!!

    2014-12-09 11:18:28 補充:

    有錢先講法律,其實呢個世界法律係保障有錢人!唔係我都去向個醫生索償啦!

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  • 5 years ago

    律師係專業集團,並非浪得虛名,你一早都知,法律係有錢人玩意,但人爭一口氣,佛爭一柱香,你要咁做,得未可償失,無計!

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