1, the main identification materials to prove your identity.
If it is an individual, it should carry a resident identity card, household registration book or other identification materials; If it is the person in charge or manager of a legal person or other economic organization, it shall carry the industrial and commercial registration materials and the authorization certificate stamped by the unit for confirmation.
2. Evidence materials related to disputed facts.
For example, divorce disputes should provide: (1) marriage certificate or certificate from the marriage registration authority; (2) if there is no registered marriage, there should be proof of cohabitation time or marriage time; (3) remarriage, the original divorce mediation, judgment or the certificate of the relevant department; (4) If the defendant's whereabouts are unknown, there shall be proof of the time and circumstances of his whereabouts; (5) If one or both of them are active servicemen, provide a certificate issued by a political organ at or above the regimental level; (6) Prove that * * * owns the same property and * * * owns the same debt. If the prosecution does not require the division of property, it does not need to be submitted; (7) Proof of identity of minor children, a copy of household registration book or birth certificate, and no need to submit if the prosecution does not require a child support judgment; (8) Other evidence.
In case of private lending disputes, provide: (1) loan agreement or IOU; (two) the loan relationship has a guarantor, and provide a guarantee certificate; (3) proof of payment and receipt of both borrowers and borrowers; (4) Proof of the purpose of the debtor's loan; (5) Proof that the debtor should pay interest; (6) If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires the interest to be paid after being urged, there shall be evidence that it has not been repaid due or after being urged; (7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt; (8) Payment and interest payment vouchers; (9) Other evidence.
In the case of traffic accident compensation disputes, the following documents should be provided: (1) accident confirmation letter or other documents of the public security traffic police brigade, and the agreement of the parties on accident handling; (2) Proof of the victim's injury and its consequences, including disease diagnosis, forensic identification, injury grade and relevant photos. ; (3) Evidence of compensation for medical expenses, lost time, nursing expenses, accommodation expenses and transportation expenses, including medical bills, proof of lost time days and lost time income, and proof of special care and nursing expenses, accommodation expenses and travel tickets allowed by the medical department. ; (4) If the victim dies in an accident, he shall provide a death certificate and a cremation certificate; If the living expenses of the dependents are needed, the family relationship certificate and birth date certificate of the dependents shall be provided;
3. Bring enough lawyer's fees or bank cards.
If an entrustment agreement is reached with a lawyer on the spot, the lawyer's fee shall be paid in time.
Second, how much will it cost?
The specific charges vary according to the nature of the case. Please refer to the charging methods announced by the local judicial and price departments.
Third, if the developer asks for a settlement after receiving a court summons, will these attorney fees still arise?
Regarding the way and amount of lawyer fees, you should negotiate with the lawyer to be hired. After all, the entrustment contract represents the legal documents agreed by both parties.
Now, your local lawyer's charging method "Regulations on the Management of Lawyer's Service Charge in Fujian Province" is forwarded to you. Please sign the contract with reference to this article.
Fujian Provincial Price Bureau? Fujian Provincial Department of Justice
Notice on printing and distributing the provisions on the administration of lawyers' service fees in Fujian Province
Minjiafu [2013] No.66
Municipal Price Bureaus and Judicial Bureaus, Pingtan Comprehensive Experimental Zone Economic Development Bureau and Pingtan County Judicial Bureau:
The "Regulations on the Administration of Lawyer Service Fees in Fujian Province" are hereby printed and distributed to you, please implement them carefully.
Fujian Provincial Bureau of Commodity Price Fujian Provincial Department of Justice
March 5, 2065 438+03
Provisions of Fujian Province on the Administration of Lawyer Service Fees
Rule number one 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 the lawyer service industry, 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 and the Ministry of Justice on Printing and Distributing the Measures for the Administration of Lawyers' Services (NDRC Price [2006] 665438+).
Rule number two These Provisions shall apply to law firms established in accordance with the law within the administrative region of this province and lawyers allowed to practice, and provide legal services for clients.
A branch established by a law firm outside the province shall implement the provisions on the administration of lawyers' service fees where the branch is located.
Where a law firm provides legal services in a different place, it may implement the charging regulations of the place where the law firm is located or where the legal services are provided, which shall be determined by the law firm and the client through consultation.
Rule three. Lawyers' service fees are subject to government guidance and market adjustment.
Article 4? A law firm shall provide the following legal services according to law and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(4) Defenders of criminal suspects and defendants, private prosecutors and agents ad litem of victims in criminal cases;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing legal services other than items (1) to (5) of the preceding paragraph shall be subject to market-regulated prices.
Article 5? The charging standard for lawyer services with government-guided prices shall be formulated by the competent price department of the provincial government in conjunction with the judicial administrative department of the provincial government.
The law firm shall, within the scope stipulated by the government guidance price, negotiate with the client to determine the specific charging standard of the case.
Article 6? The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
Article 7? The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(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 8? Lawyers' service fees shall follow the principles of openness, fairness, voluntary compensation, honesty and credibility.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 9? According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
Piece rate is generally applicable to legal affairs that do not involve property relations.
Charges in proportion to the winning bid amount are applicable to legal affairs involving property relations.
Time charge is applicable to all legal affairs.
The method of charging shall be determined by the law firm and the client through consultation in accordance with these provisions.
Article 10? When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, the risk agency fee may be implemented, 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) Request for payment of labor remuneration, etc.
Article 11? 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? When a law firm charges for risk agency according to the client's requirements, it shall sign a risk agency charging contract with the client, stipulating the risk responsibility, charging method, charging amount or proportion that both parties should bear. The government-guided price of the client shall be clearly informed in the contract.
The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Thirteenth major, difficult and complex cases, in addition to risk agency, the law firm can negotiate with the client to appropriately raise the fee standard, but the maximum shall not exceed 5 times the prescribed maximum standard.
Article 14 A law firm shall apply to the competent pricing department for a Certificate of Charge for Business Services, charge with a bright certificate, publicize the regulations and charging standards in a prominent position in the office, and accept social supervision.
Article 15 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyers' services, or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging methods, charging standards, charging amounts, payment and settlement methods, payment terms, dispute settlement methods, etc.
Article 16 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 17? The law firm may charge the client the lawyer's service fee in advance after determining the entrustment relationship, or both parties may agree to charge it by stages during the period when the law firm provides legal services.
Article 18? When a law firm collects lawyer service fees from its clients, it shall issue legal bills to the clients.
Article 19 The legal fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by a law firm on behalf of its clients in the process of providing legal services are not lawyers' service fees, and the clients shall pay them to the law firm separately.
Article 20? Travel expenses incurred by law firms in handling cases in different places do not belong to lawyers' service fees, and shall be settled separately by law firms and clients.
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 must obtain the written consent of the client in advance.
Article 21? When a law firm settles the related expenses stipulated in Article 19 and Article 20, it shall provide the client with a list of expenses paid on its behalf, travel expenses for handling cases in different places and valid vouchers. If you can't provide valid proof, the customer can not pay.
Article 22? Lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be uniformly collected by law firms. Without permission, a lawyer may not charge any fees to the client.
In addition to the three fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Article 23? If a law firm terminates the entrustment relationship without reason, it shall refund all the lawyer service fees it has collected, and if losses are caused to the client, it shall be liable for compensation according to law.
If the law firm terminates the entrustment relationship due to the fault of the client or the request of the client is beyond a reasonable range, the law firm shall deduct the corresponding part from the fees already charged and return the balance to the client.
If the client proposes to terminate the entrustment relationship due to the fault of the lawyer, the law firm shall refund all the lawyer service fees received in advance; If the client requests to terminate the entrustment relationship, and the lawyer is not at fault, the lawyer service fee charged by the law firm will not be refunded.
Article 24? A law firm shall accept the entrustment to undertake legal aid cases according to law. 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 25? Price departments at all levels should strengthen the supervision and inspection of the fees charged by law firms.
If a law firm or lawyer commits one of the following price violations, the competent price department of the government shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations:
(1) Failing to publicize the management regulations and charging standards of lawyers' service fees as required;
(two) the implementation of the government guidance price in advance or later;
(three) beyond the scope or range of government guidance fees;
(four) through the decomposition of fees, repeated fees, expand the scope of the way to raise fees in disguise;
(5) Other price violations.
Article 26? Judicial administrative departments at all levels should strengthen supervision and inspection of law firms and lawyers' legal service activities.
Law firms and lawyers who commit one of the following illegal acts shall be given administrative punishment by the judicial administrative department in accordance with the Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms.
(a) in violation of the provisions of the law firm to accept the entrustment, signed a written entrustment contract or fee contract;
(two) in violation of the law firm's unified collection of lawyer service fees, fees paid on behalf of clients and travel expenses for handling cases in different places;
(3) Failing to provide the client with the estimated handling fee in advance, failing to issue a legal bill for charging lawyers' services, and failing to submit a valid certificate for paying fees and handling cases in different places to the client;
(four) in violation of the provisions of the law firm's unified custody and use of special bills, financial bills and business files for lawyer services;
(five) other acts that violate the practice discipline and professional ethics of lawyers.
Article 27? Citizens, legal persons and other organizations may report and complain to the price department, the judicial administrative department or the lawyers association by letter, telephone or visit.
Article 28? If there is a dispute over the lawyer's service fee, the law firm shall settle it through consultation with the client. If negotiation fails, you can apply to the lawyers association, judicial administrative department or price department where the law firm is located for mediation, or you can apply for arbitration or bring a lawsuit to the people's court.
Article 29? These Provisions shall be interpreted by the competent price department of Fujian Province in conjunction with the judicial administrative department of Fujian Province within the scope of their respective duties.
Article 30? These Provisions shall be implemented as of April 13, 2065. The Interim Provisions on the Administration of Lawyers' Service Fees in Fujian Province ([2002] Fee 1 18) shall be abolished at the same time.
Attachment: Fujian Province Lawyer Service Charge Standard (Trial)
Fujian province lawyer service charge standard (20 13 trial)
First, piece-rate wages and charges in proportion to the target amount.
(1) Fees for accepting civil and administrative litigation cases:
Acting as an agent in civil and administrative litigation cases, if the property relationship is not involved or the amount of property subject matter is less than 654.38+10,000 yuan (including 654.38+10,000 yuan), 8-6,000 yuan each; If the amount of the subject matter of the property exceeds 654.38+10,000 yuan, an additional fee will be charged according to the following proportion:
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan)? Part does not exceed 4%;
More than 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan)? Part does not exceed 3%;
1 10,000 yuan to 5 million yuan (including 5 million yuan)? Part does not exceed 2%;
5 million yuan to 6.5438+million yuan (including 6.5438+million yuan)? No more than 1.2%;
100000 yuan to 50 million yuan (including 50 million yuan)? No more than 0.7%;
More than 50 million? Part does not exceed 0.5%.
The proportion of the above fees charged by installments according to the winning bid amount shall be determined by the law firm and the client through consultation within the prescribed scope, calculated by installments and accumulated.
(two) the cost of handling criminal cases:
1. Investigation stage:? Each piece 1000-5000 yuan;
2. Review and prosecution stage:? Each piece 1000-6000 yuan;
3. Trial stage:? Charge per piece 1500- 12000 yuan;
4. Criminal private prosecution cases:? Charge per piece 1500- 10000 yuan;
5. Acting as the victim's representative: Charge per piece 1200- 10000 yuan;
6. Incidental civil litigation shall be charged separately according to the charging standard of civil cases.
(3) Charge standard for state compensation cases: each case shall not exceed 1 10,000 yuan.
(four) directly acting as an agent for the second instance or retrial of various cases, and charging according to the above standards.
If you have represented the first instance and continue to represent the second instance or retrial, you may reduce the lawyer's service fee as appropriate.
(5) Charges for handling complaints in various litigation cases: no more than 6,000 yuan per case; If a complaint case is filed as an agent for litigation, it will be charged separately according to the above corresponding charging standards.
(six) major, difficult and complicated cases, the law firm can negotiate with the client to raise the fees appropriately, but the maximum shall not exceed 5 times of the above-mentioned highest standards.
Second, time charges.
(1) charging standard: 100— 1200 yuan/hour.
(2) The billing time is in hours, and the part less than 1 hour is calculated as 1 hour. If there are more than two lawyers, they shall be calculated separately according to their respective charging standards and actual working hours.
(three) when lawyers handle legal affairs in this city, the time on the way is halved according to the accumulated actual time.
The time for lawyers to handle cases by car, boat or plane in different places and the necessary stay time are halved, but the maximum time is 4 hours every day and night.
Lawyer Li Zengguang of Hebei Jigang Law Firm hopes that your problem can be solved as soon as possible! Lawyer Li Zengguang is good at land expropriation and house demolition, marriage, family and inheritance, and has deep research on land occupation compensation, divorce property division, property division and inheritance. If you have any other questions, please continue to ask questions or call directly for help.
Good luck and peace!