First, what is the general fee for lawyers' legal services in Changchun, and the reference standard for lawyers' fees.
Lawyers' service charges shall be subject to market-regulated prices, and the specific amount and method of charges shall be determined by the law firm through voluntary consultation with the clients with reference to this standard. However, if the National Development and Reform Commission and the relevant government departments stipulate that the fees for lawyer services shall be subject to government guidance, such provisions shall prevail.
(1) The following charging standards for lawyer services with government-guided prices shall be formulated by the provincial price department in conjunction with the provincial judicial administrative department.
(1) as the defender of criminal suspects and defendants in criminal cases and the agent of private prosecutors and victims in criminal cases;
(2) Acting as an agent in civil and administrative litigation in which citizens request to pay alimony, alimony, alimony, social insurance and minimum living allowance;
(3) Acting as an agent for cases in which citizens request payment of labor remuneration, industrial injury compensation and state compensation, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution and compensation (compensation) for land acquisition and demolition.
(two) for the implementation of industry guidance of legal services, law firms charge legal service fees according to the following standards:
Acting as an agent in civil litigation and arbitration cases
1. If the property right relationship is not involved, the benchmark charging standard is 5,000-20,000 yuan/piece, and the maximum floating range does not exceed 100%.
2, involving property rights, according to the amount of litigation, arbitration (dispute), according to the proportion of cumulative charges:
(1) The proportion of fees for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 8%- 10%, and each item with less than 5,000 yuan will be charged at 5,000 yuan;
(2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) 6%-8% of 500,000 yuan to1000,000 yuan (including 6.5438+0,000 yuan);
(4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 4%-6% of 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan);
(6)/kloc-3%-5% of RMB 0/00000 to RMB 20 million (inclusive);
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
(8) 50 million yuan or more 1%-3%.
The above-mentioned charging standards are the charging standards for civil litigation and arbitration cases at the first instance stage. Acting as an agent for second instance, retrial proceedings, or arbitration cases, and refusing to execute or cancel the arbitration award shall be implemented with reference to the above-mentioned charging standards for the first instance stage. If the same law firm represents the same case in different stages of trial again, it can give a discount of no more than 50%. If there are counterclaims and counterclaims in this lawsuit, counterclaims shall be calculated cumulatively according to the target amount.
Acting as an agent in administrative litigation cases
The charging standard for administrative litigation cases shall be implemented with reference to the charging standard for civil litigation cases.
Acting for all kinds of litigation and appeal cases.
The charging standards for handling criminal incidental civil litigation and various litigation cases shall be implemented with reference to the charging standards for handling civil litigation cases.
Acting execution case
Cases executed independently shall be charged according to the charging standard for civil cases of first instance; To undertake cases of first and second instance, the lawyer's fee may be appropriately reduced or exempted within 50%.
legal advice
1, 100 per hour -500 yuan, where less than one hour is counted as one hour;
2. Charge 500- 1000 yuan for legal affairs documents.
Non-litigation business expenses
Non-litigation business fees can be charged in three ways: piece rate and time rate. The time rate is 1000-3,000 yuan/hour, and complex legal services can be charged within 2 times of the above standard. According to the charging standard of the amount involved, refer to the charging standard of agency civil litigation cases.
Charges involving the following non-litigation businesses shall be charged according to the following standards:
1. If a credit investigation, credit opinion, consultation proposal and lawyer's witness are officially issued, the basic fee for each piece shall not be less than 5,000 yuan. If a legal proposal or lawyer's opinion is formally issued, the two parties shall negotiate the fees according to the workload and other specific circumstances. If it is necessary to issue a legal proposal or lawyer's opinion on the basis of preliminary due diligence, the minimum is not less than 30,000 yuan per copy.
2, review, draft and modify the contract and articles of association, each basic cost is not less than 2000 yuan. Participate in the project negotiation, and both parties will negotiate the expenses according to the workload and other specific conditions. Drafting, amending complicated contracts and articles of association or participating in complicated negotiations, or involving the subject matter of a contract of more than 50 million yuan, each piece shall not be less than 30,000 yuan.
3. Non-litigation legal services for investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major engineering construction, foreign-related business, etc. If it is necessary to conduct comprehensive due diligence, design transaction structure, participate in project negotiation, draft major transaction documents or issue legal opinions, the expenses shall be accumulated in proportion to the amount involved:
(1) 1 10,000 yuan (including 1 10,000 yuan), the following fees shall not be less than 50,000 yuan;
(2) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(3) 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 3%;
(4) 1 1,000,000 yuan to 5,000,000 yuan (inclusive) is 2%;
(5) The portion from 50 million yuan to 654.38+billion yuan (including 654.38+billion yuan) is more than 1 billion yuan, and the special legal services for real estate projects are charged according to the total investment of the project.
5, as a perennial legal adviser.
As a perennial legal adviser, fees can be fixed and fixed, or they can be combined.
If the annual fixed fee is adopted, the annual fee can be determined according to the lawyer's expected working hours, the annual turnover of the consulting unit, the legal risk degree of the consulting unit, the cost of the law firm, the lawyer's legal service level and other factors, and charged according to the following standards:
(1) As a perennial legal consultant of government agencies and institutions, it is 50,000-200,000 yuan/year, which can be raised reasonably;
(2) As a perennial legal consultant for large enterprises, 1.2 million yuan-800,000 yuan/year, which can be reasonably floated;
(3) Serving as a perennial legal consultant for medium-sized enterprises, 600,000-600,000 yuan/year, which can be reasonably floated;
(4) As a perennial legal consultant for small (micro) enterprises, the salary is 50,000-200,000 yuan/year, which can be reasonably increased.
The annual time charge is adopted, and the time charge standard is 500 yuan-3,000 yuan/hour. The hourly rate of perennial legal counsel in foreign affairs, securities, intellectual property rights, tax law and other specialized fields can be increased by no more than 2 times on the basis of the above standards.
The service items recorded in the industry guidance price list may be charged by the risk agent on the basis of negotiation between the two parties.
(four) for major, difficult, complicated and time-consuming cases, you can negotiate with the parties to increase the fees, which should generally be within 5 times of the fees.
Second, what factors should be considered in legal fees?
1, working time spent;
2, the difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of lawyers;
4, the client's affordability and local social and economic development;
5. Risks and responsibilities that lawyers may bear;
6, the lawyer's social reputation and work level;
7. Other necessary expenses for handling cases.
What are the advantages of hiring a lawyer?
Suggestion: Get a lawyer. With people's growing awareness of law, they will be more inclined to take up legal weapons to protect themselves when they encounter disputes in their lives.
1, can reduce the litigation risk, litigation involves a lot of legal expertise, therefore, hiring a lawyer can fully control and prevent litigation risk.
2. As the plaintiff, please ask the lawyer to make a comprehensive claim, and as the defendant, you can be equal to the other party. After fully understanding the case, the lawyer can fully compensate the victims for their losses, and guide the parties or lawyers to collect evidence completely and support their requests as much as possible. As an attorney for the defendant, you can also confront him and safeguard his legitimate rights and interests.
3. Asking a lawyer can reduce the pain of the client. Ordinary people rarely deal with the court, especially unreasonable opponents. It is hard for an ordinary person to accept such a reality. If you hire a lawyer, you can entrust a lawyer to handle it, which will save a lot of trouble. It is easier to win the case by asking a lawyer and claim more fully.
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