Guiding opinions on the charging industry of lawyer services
(2065438+10th meeting of the 7th Council of Provincial Lawyers Association on April 23rd, 2006)
Article 1 In order to standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of lawyers' services in our province, according to the Price Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC), and the Notice of the National Development and Reform Commission on Opinions on Liberating Some Service Prices (NDRC Price [2014] No.2755),
Article 2 These Guiding Opinions are applicable to the charging behavior of law firms registered in the Henan Provincial Department of Justice to provide legal services to clients in accordance with the People's Republic of China (PRC) Lawyers Law.
Article 3 Lawyers' service fees shall follow the principles of openness and fairness, voluntary compensation, honesty and credit, and fair competition.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The lawyer's service fee refers to the service remuneration charged by a law firm to clients when handling legal affairs.
Lawyer service charges are divided into government-guided prices and market-regulated prices. The benchmark price and floating range of lawyer service charges with government-guided prices in our province shall be implemented according to the prescribed standards. Before the publication of the standard, refer to this opinion.
Article 5 The fees charged by law firms for providing the following legal services according to law shall be subject to government-guided prices:
(a) as a defender of criminal suspects and defendants in criminal cases, private prosecutors and litigation agents of victims in criminal cases;
(2) Acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, maintenance, pension and relief, social insurance or minimum living allowance, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition;
(3) Acting as an agent in administrative litigation cases;
(4) Acting as an agent for state compensation cases.
In addition to the above-mentioned lawyer services, the fees charged by other lawyers, including lawyers as legal advisers, arbitration agents, acting as agents for case execution and appeal (referring to the appeal activities before retrial), answering legal advice, writing legal documents, handling special legal affairs and other non-litigation legal affairs, are subject to market adjustment. The specific amount and method of fees shall be determined by the law firm and the client through consultation.
Article 6 The annex is the charging items of lawyer services and the guiding standards of charging industry. A law firm may, in accordance with this guidance, formulate the charging standards for its lawyers, and may negotiate with the clients to determine the specific charging standards and charging methods within the prescribed scope.
Article 7 When a law firm negotiates fees for lawyer services with clients, it shall consider the following main factors:
Working hours spent;
(two) the difficulty of legal affairs;
(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;
(four) the client's affordability and local social and economic development;
(5) Risks and responsibilities that lawyers may bear;
(6) The social reputation and working level of lawyers;
(seven) other expenses necessary for handling the case.
Article 8 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the amount of the bid, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Article 9 Piece-by-piece charging refers to the pricing method of charging lawyers' service fees according to the specified amount or the specified scope, range and limit, taking each entrusted legal affairs as the basic unit.
Article 10 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after being informed of the government-guided price, it may charge for risk agency, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(4) requesting payment of labor remuneration.
Eleventh it is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 12 Risk agency fee means that when a law firm accepts an entrustment, it only charges part of the fee, and the rest of the service remuneration is agreed by the law firm and the client on the target and effect to be achieved by the entrustment, the time, proportion and conditions for paying the lawyer's service fee, etc. In line with the agreed conditions, pay the fees as agreed; If no agreement can be reached, no more fees will be paid. To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear. The implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the legal service contract amount.
Article 13 Time-based charging refers to the pricing method by which a law firm charges a lawyer's service fee from a client according to its effective working hours of providing legal services within the prescribed standard range and the determined time-based charging standard. If fees are charged by time, the law firm shall issue a work list to the client after the case is closed.
Article 14 The legal fees, arbitration fees, appraisal fees, notarization fees, case file retrieval fees, translation fees, travel expenses for handling cases in different places, cross-border communication fees, expert argumentation fees, etc. (hereinafter referred to as "fees") paid by a law firm on behalf of its clients in the process of providing legal services are not lawyers' service fees, and should be paid separately by the clients. However, unless otherwise agreed by both parties in the implementation of risk agency charges. The handling fee can be paid directly by the client or by the law firm. If it is paid by a law firm, the law firm may collect the handling fee in advance. If a law firm needs to collect travel expenses in advance for handling cases in different places, it shall provide the client with an estimate of the expenses, which shall be signed and confirmed by both parties after consultation. If it is really necessary to change the cost estimate, the law firm shall obtain the written consent of the client in advance.
Fifteenth lawyer service fees shall be clearly marked, and the law firm shall announce all lawyer service items and charging standards in a prominent position in the office, and consciously accept social supervision.
Article 16 Matters related to the collection of lawyers' service fees by a law firm shall be stipulated in the legal service contract signed by both parties, and the charging items, charging methods, charging standards, charging amount, payment method, time limit, conditions and dispute settlement methods shall be specified.
Article 17 Lawyers' service fees and handling fees shall be uniformly collected by law firms. An individual lawyer may not charge any fees to the client. When a law firm collects lawyer service fees, it shall use legal bills prescribed by the tax authorities. Prepaid handling fees must be confirmed in writing and used reasonably in strict accordance with the agreed purposes. After the entrusted matters are settled, a list of handling fees shall be made, and legal bills stipulated by the tax authorities shall be provided for settlement with the client. The balance or the part that cannot provide the bill shall be refunded.
Article 18 Foreign-related or Hong Kong, Macao and Taiwan-related legal affairs may be entrusted to foreign or Hong Kong, Macao and Taiwan law firms or their representative offices in China to handle similar legal affairs.
Article 19 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases. For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee.
Article 20 Law firms shall not engage in unfair competition by reducing or exempting lawyers' service fees for the purpose of crowding out other law firms.
Twenty-first law firms to provide legal services in different places, can implement the provisions of the location of the law firm or provide legal services, but it should be specified in the legal service contract.
Twenty-second the guidance fee standard in the annex of this opinion refers to the situation where there is only one lawyer. If two or more lawyers provide legal services, the fees may be calculated according to the number and situation of lawyers hired.
Twenty-third disputes arising from lawyers' service fees shall be settled through consultation between the law firm and the client. If negotiation fails, you can apply to the lawyers association, judicial administrative department and price department where the law firm is located for mediation, or you can apply for arbitration as agreed or bring a lawsuit to the people's court according to law.
Article 24 The Council of Henan Lawyers Association shall be responsible for the interpretation and revision of these Guiding Opinions.
Twenty-fifth this guidance shall be implemented as of the date of promulgation.
First, the guiding standards of criminal charges
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 3000- 15000 yuan.
2. In the prosecution stage, the fee is 5,000-20,000 yuan each time.
3, the initial trial stage, each charge 5000-30000 yuan.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(3) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case. If a criminal case involves the amount of fees, it may be charged with reference to the standard fees for civil cases.
(4) If the criminal suspect and the defendant are involved in several crimes or several criminal facts at the same time, they can be prosecuted separately according to the crimes or criminal facts involved.
Second, the guiding standards for civil case fees
(1) The charging standard for civil cases is determined according to the trial stage.
1, piece rate
Each charge that does not involve property rights is 2000- 10000 yuan.
2, according to the proportion of the amount of charges.
For the part below 65438+ 10,000 yuan (including 65438+ 10,000 yuan), the fee is 3,000-5,000 yuan;
6.5438+0.000 yuan to 6.5438+0.000 yuan (including 6.5438+0.000 yuan), 3-5%;
6.5438+0.000 yuan to 6.5438+0.000 yuan (including 6.5438+0.000 yuan), 2-4%;
100000 yuan to 50 million yuan (including 50 million yuan),1-3%;
More than 50 million yuan, 0.5-2%.
According to the different amount of disputes in the case, progressive charges are implemented.
(two) the implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the property interests agreed with the client.
(3) Cases for retrial, appeal and execution shall be charged according to the charging method and charging standard determined in a trial stage respectively.
Three. Charges for administrative cases and state compensation cases
(1) Administrative cases and state compensation cases shall be determined one by one at each trial stage.
(two) the piece rate is 3000-20000 yuan per piece.
(three) involving property relations, can be compared with civil cases in proportion to the amount of charges.
Four, perennial or special legal advisory fees
The fees shall be determined by the law firm and the client through consultation. When a lawyer handles the above-mentioned cases while serving as a legal adviser, he shall collect the lawyer's service fees according to the charging standards of various cases.
Verb (abbreviation of verb) time charging standard
100 yuan-3,000 yuan/effective working hours.
When lawyers handle legal affairs, the necessary passage time and preparation time are halved and included in the effective working hours.
Six, the following legal services by the law firm and the client through consultation, can charge no more than 5 times the prescribed fee:
(a) involving complex legal relations, and the workload of lawyer services is obviously more than that of similar businesses;
(two) involving difficult or professional issues, the professional level of lawyers is significantly higher than that of similar businesses;
(3) Major foreign-related legal business or legal business with significant social impact;
(four) other major, difficult and complicated legal affairs.