(Adopted at the Sixth Meeting of the Eighth Council of Hunan Lawyers Association on June 9, 2007)
first
In order to guide and standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry, this charging guidance standard is formulated according to the relevant provisions of the Notice of the National Development and Reform Commission on Liberalizing the Opinions on Some Service Prices (No.2014 [2755]) and combined with the actual situation of this province.
Article 2 These guiding standards are applicable to the fees charged by law firms established in our province for providing lawyer services to clients within the market-regulated price range.
The fees charged by law firms for providing clients with lawyer services within the scope of government guidance prices shall be implemented in accordance with the notice of Hunan Law Reform Price Service [2065 438+06] 129.
Article 3 Lawyer services with market-regulated prices may be charged according to the proportion of the target amount, piece rate, timing, time period and risk, according to the different service contents and clients.
Article 4 Piece-rate fees are 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; The period fee is applicable to the cost of providing legal consulting services for units or projects within a certain period of time (excluding the agency of specific litigation and arbitration cases); Time charge is applicable to all legal affairs.
Article 5 The fees shall be charged in proportion to the standard amount.
(a) according to the amount of the subject matter involved in the dispute, the accumulated fees shall be charged in the following proportion. These Measures shall apply to litigation and arbitration cases involving property relations, including civil and commercial, administrative and non-citizen state compensation claims.
The charging standard of the disputed object
Below 65438+ 10,000 yuan, 3,000 yuan -65438+ 10,000 yuan.
8%-6% of 65438+ 10,000 yuan to 500,000 yuan.
6%-4% of 500,000 yuan to 5 million yuan.
4%-2% of 5 million yuan to 20 million yuan.
20 million yuan to 65.438+0 billion yuan 2%-654.38+0%
65438+ 1 100 million yuan or more, 0%-for cases with complicated cases or significant influence, the fees can be negotiated above the above ratio.
For economically underdeveloped areas and particularly difficult units or individuals, fees can be appropriately charged within the scope of reducing the above ratio by 30%. The specific amount shall be determined by the law firm and the client through consultation in accordance with the specific circumstances, payment methods and other factors, combined with this standard.
(2) The above standards are the charging standards for cases of first instance (or arbitration). Those who handle the first instance, represent the second instance or retrial shall be charged separately according to the standards of first instance; If there is a counterclaim (counterclaim) in the case, the agency fee shall be charged separately according to the counterclaim and the amount of counterclaim.
(three) acting as a separate agent to execute a case, and charging according to the standard of first instance.
(4) Special legal services, such as enterprise restructuring, investment merger and acquisition, company listing, participation in bankruptcy procedures (as bankruptcy administrator, it is charged according to the regulations of the Supreme People's Court), equity transfer, bond issuance, bidding for construction projects, PPP projects, etc. , should be charged in proportion by stages:
1 and 5%-4% of the part below 5 million yuan;
2, 5 million yuan to 20 million yuan is 4%-3%;
3, 20 million yuan to 50 million yuan is 3%-2%;
4, 50 million yuan to 65.438+0 billion yuan is 2%-654.38+0%;
5. The part of1100 million yuan is1%-enterprises that are particularly difficult to participate in restructuring or bankruptcy in economically underdeveloped areas can be appropriately charged within the scope of reducing the above ratio by 30%. The specific amount shall be determined through consultation between the law firm and the client according to the specific conditions, payment methods and other factors, and in combination with this standard.
(5) Special legal services for real estate projects are charged at 1% of the total project investment.
Article 6 Piece rate
(a) in administrative reconsideration, administrative hearing cases, civil and economic cases, and cases in which non-citizens apply for state compensation, the agency does not involve property relations. The basic cost of each litigation stage is 3000-20000 yuan.
(2) Providing non-litigation legal services for businesses involving property relations;
1, marriage, family, small private lending and other general civil legal affairs, consulting, each charge 200 yuan -2000 yuan.
2. Review, draft and modify contracts and articles of association, provide credit investigation, issue legal opinions and consultation proposals, participate in project negotiations, and issue lawyer's testimony, etc. The basic fee for each card is 3000-20000 yuan.
(three) the above business involves special circumstances such as difficulty and complexity, and the law firm and the client can negotiate the above fees within five times of the charging standard.
Item 7 Risk Agency Fee
The risk agency fee is generally not less than 10% of the target amount, and the maximum is generally not higher than 50% of the target amount. You can also charge the basic fee first, and then charge the risk part fee according to the results.
Article 8 Time charging standards
The hourly rate is determined by the lawyer's working hours. The specific timing method and charging standard shall be determined by the law firm in consultation with the client according to the following standards:
Lawyers who have been practicing for less than 3 years are charged no less than 500 yuan per hour of work/kloc-0.
Lawyers with junior professional titles or master's degrees or practicing for more than 3 years and less than 8 years will be charged no less than 1 000 yuan per hour.
Lawyers with intermediate titles or doctorates or practicing for more than 8 years but less than 15 years will be charged no less than 1 yuan per hour.
Lawyers with senior professional titles or practicing 15 years or more will be charged no less than 2,000 yuan per hour.
If you travel for more than one day, you will be charged for 8 hours of work every day; Time on the way to and from work is charged at 50% of the corresponding standard.
Article 9 Periodic charging standard
(1) 50,000-500,000 yuan/year as legal adviser of institutions and institutions.
(2) As a legal consultant for a large enterprise, 200,000 yuan-1 million yuan/year.
(3) Serving as a legal consultant for medium-sized enterprises,100,000-500,000 yuan/year.
(four) as a legal adviser to small (micro) enterprises and non-operating units, 30 thousand yuan -65438 yuan+million yuan/year.
(5) As a family and personal legal adviser, 20,000 yuan-10/00,000 yuan/year.
The above fees can be charged within the range of 60%-200% of the above standards. The specific amount shall be determined by the law firm through consultation with the client according to the client's legal service workload, work difficulty, business status, additional service cost and other factors, combined with this standard.
Article 10 When a law firm negotiates with its clients to collect lawyers' service fees, it shall take the following main factors as the basis for consideration:
(1) Working hours and extra expenses;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 11
Lawyers' service fees do not include administrative, judicial, appraisal, evaluation, auction, translation, notarization, expert consultation and demonstration fees paid to third parties, nor do they include lawyers' travel expenses for providing services.
Article 12 The words "below" and "within" in these charging guidelines do not include the original number, while the words "above" and "not below" all include the original number.
Thirteenth guiding standards for fees shall come into force as of the date of adoption by the Council of Hunan Lawyers Association.
Notice on Promulgating the Scope and Standard of Charges for Lawyer Services and Grassroots Legal Services Guided by Hunan Provincial Government
Xiangfa Gaijiafu [20 16]No. 129
Municipalities, prefectures and counties directly under the Development and Reform Commission and the Bureau of Justice:
According to the Notice of the National Development and Reform Commission on the Opinions on Liberating Some Service Prices (NDRC Price [2014] No.2755), some lawyer services and some grassroots legal services provided by law firms and grassroots legal service institutions (including township and street legal service offices) are subject to government-guided prices, while other lawyer services and grassroots legal service charges are subject to market-adjusted prices. The scope and standards of fees for lawyer services and grassroots legal services in Hunan Province, which are subject to government guidance, are hereby announced as follows:
First, the implementation of government guidance price of some lawyers' service scope.
Being the defender of criminal suspects and defendants in criminal cases, and the agent of private prosecutors and victims in criminal cases; 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 and alimony, pensions and relief funds, 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 for land acquisition and demolition (compensation); Cases in which citizens claim state compensation on behalf of citizens.
Two, some grassroots legal services to implement government guidance.
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 and alimony, pensions and relief funds, 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 for land acquisition and demolition (compensation); Cases in which citizens claim state compensation on behalf of citizens.
Three, the implementation of government guidance fees in various situations.
(1) Acting as an agent in criminal proceedings:
1, investigation stage: 1000- 10000 yuan/piece.
2. Prosecution stage: 1000- 10000 yuan/piece.
3. Trial stage: First trial: 2000-20000 yuan/piece.
Second trial: 2000-30000 yuan/piece.
4. Death penalty review stage: 2000-20000 yuan/piece.
5. Being the plaintiff in a criminal private prosecution case or the agent of the victim in a public prosecution case: 2,000-20,000 yuan/piece.
(2) Acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration, compensation for work-related injuries, alimony, maintenance fees, pensions, relief funds, social insurance benefits or minimum living security, 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. , according to the subject matter of the dispute at each trial stage, according to the prescribed proportion.
The charging standard of the disputed object
Less than 65438+ ten thousand yuan (including 65438+ ten thousand yuan) 1500-3000 yuan/piece.
10-1million yuan (including1million yuan) 3-4%
100-1million yuan (including1million yuan) 2-3%
/kloc-more than 0/00000 yuan 1-2%
(3) Acting as an agent for state compensation cases:
Property relations are not involved: 1500- 10000 yuan/piece.
Involving property relations: In case of category (II), the fees shall be accumulated by stages according to the disputed objects in each trial stage within the specified proportion.
(4) Litigation cases for appeal and execution shall be classified according to the above three types of cases, trial stage or subject matter.
If a case is represented in multiple stages, the fee shall be reduced as appropriate from the second stage. If the case is complex or has a significant impact, the fees above the standard may be negotiated with the parties, of which the maximum amount of cases in category (1) shall not exceed 5 times of the prescribed standard, and cases in category (2) shall not exceed 3 times of the prescribed standard.
Complex or major cases include:
1, a case of first instance under the jurisdiction of a people's court at or above the intermediate level (including the intermediate level);
2, in line with the court, procuratorate, public security, judicial and administrative organs of major, difficult and complicated cases;
3 cases that have aroused widespread concern and great social influence;
4. New types of cases;
5. The case-handling organ decides that other professionals need to participate in the case, except for simple cases involving general translators and appraisers;
6. Other major, difficult and complicated cases agreed between the law firm and the client and approved by the client.
Four, the same type of cases, grassroots legal service fees on the basis of lawyer service fees down 10%.
Five, the implementation of government guidance price is not allowed to implement risk agency.
Six, other lawyer services and grassroots legal services fees, in accordance with the relevant provisions of the state.
Seven, the above fees from 20 16 April 1 day.
Hunan Provincial Development and Reform Commission Hunan Provincial Department of Justice
2016 65438+1October 27th