According to the notice of Gansu Lawyers Association, the fees for lawyers' services are subject to government-guided prices and market-regulated prices.
(A) the government guidance price
Guiding standard of piecework charge
Civil litigation cases (including cases in which criminal incidental civil actions are only represented by civil parts) and non-litigation mediation cases in civil disputes, which do not involve property relations, can be charged by piece. The amount of each fee can be determined by the law firm and the client in the range of 5000 yuan to 50000 yuan.
Guiding standards for charging according to the target proportion
In civil litigation cases (including cases in which criminal incidental civil actions are only represented by civil parts) and non-litigation mediation of civil disputes involving property relations, the amount of fees charged by agents at various stages shall be calculated in proportion to the following target amounts:
1 10,000 yuan or less (including 6,543.8+10,000 yuan), and the proportion of fees is 8%-654.38+ 00%; Less than 3000 yuan, 3000 yuan from the charge.
1 10,000 yuan to 500,000 yuan (including 500,000 yuan), the charging ratio is 7% to 9%;
1 10,000 yuan to 6.5438+0,000 yuan (including 6.5438+0,000 yuan), the charging ratio is 6%-8%;
1 10,000 yuan to 5 million yuan (including 5 million yuan), the charging ratio is 5%-7%;
The charge ratio from 10,000 yuan to 6,543,800,000 yuan (including 6,543,800,000 yuan) is 4%-6%;
1 10,000 yuan to 50 million yuan (including 50 million yuan), the charging ratio is 3% to 5%;
1 10,000 yuan to 654.38 billion yuan (including 654.38 billion yuan), the charging ratio is 2%-4%;
1 100 million yuan or more, the charging ratio is 1%-2%.
If there is a counterclaim in a civil litigation case, the counterclaim agency fee shall be reduced by 30% according to the counterclaim amount and the above standards.
The above-mentioned charging standards are the charging standards for the first-instance stage of civil litigation cases and non-litigation mediation civil cases.
If a case is independently represented in the second instance, retrial and execution, the charging standard at the first instance stage shall be implemented.
In the case of the first agent and the second agent, you can give a discount within the range of 20%-30% of this standard.
The scope of major, difficult and complicated civil litigation cases and the guiding standards of fees
A case with one of the following circumstances can be identified as a major, difficult, complicated or numerous civil litigation case:
1. Cases of first instance tried by people's courts at higher levels or above;
2 cases with a large number of parties or group litigation cases;
3 cases involving more than two legal relationships;
4 cases involving difficult professional knowledge and requiring non-legal professional knowledge;
5 foreign-related cases (including natural persons, legal persons or other organizations involved in Hong Kong, Macao and Taiwan);
6 cases that have significant social impact in provinces, municipalities, autonomous regions or the whole country;
7 cases, 10 more than 0 litigants;
8 other major, difficult and complicated cases approved by the law firm and the client through consultation.
Major, difficult and complicated civil litigation can be charged within 3 times of the above standard after consultation between the law firm and the client.
Guiding standards for administrative litigation and arbitration fees.
Whether the charging basis of administrative litigation cases and arbitration cases involves property relations shall be determined by the law firm and the client through consultation in accordance with the charging guidelines in items (1), (2) and (3) respectively.
Guiding standards for non-litigation business charges
Non-litigation business is generally charged by piece or on time. Piece-rate charges can be charged according to the charging standard of civil litigation cases of first instance.
Fees for the following non-litigation services
1. Due diligence, consultation proposal, legal opinion, lawyer's witness, etc.
(1) If the property right relationship is not involved, the charge for each piece shall not be less than 3,000 yuan;
(2) If a legal opinion is required for property relations, each piece will be charged at 3% of the property subject matter on the basis of 3,000 yuan;
(3) Due diligence, consultation proposal, lawyer's witness, etc. 2% of the amount of the subject matter of the property, but the minimum amount shall not be less than 5000 yuan;
2. The amount of expenses for reviewing, drafting, amending contracts and articles of association, and participating in project negotiation or bidding. Should be calculated according to the amount of the contract or project:
(1) The fee for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) shall not be less than 5,000 yuan;
(2) 654.38+10,000 yuan to 500,000 yuan (including 500,000 yuan) is 3%;
(3) 500,000 yuan to 6,543,800,000 yuan (including 6,543,800 yuan), 1 10,000 yuan to 5 million yuan (including 5 million yuan) is 2%;
(5) The portion from 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 1 10,000 yuan to 50 million yuan (including 50 million yuan) is l %；;
(7) 50 million yuan to 65.438+billion yuan (including 65.438+billion yuan) is more than 1 billion yuan. In order to handle the legal affairs of various companies, fees are charged according to the above standards according to the registered capital.
3. Investment and financing, mergers and acquisitions, stock issuance and listing, bond issuance, corporate restructuring, equity transfer and foreign-related businesses shall be charged according to the target amount involved:
(1) 1 10,000 yuan (including 1 10,000 yuan), the following fees shall not be less than 100000 yuan;
(2) 4% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(3) 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 3%;
(4) 6,543,800 yuan to 50 million yuan (including 50 million yuan) is 2%;
(5) 50 million yuan to 654.38 billion yuan (including 654.38 billion yuan) is l %；;
(6) The part exceeding 6,543.80 billion yuan shall be collected according to the above-mentioned standards for handling the company's own liquidation business. If the agent participates in the compulsory liquidation or bankruptcy liquidation of the company, it shall be charged according to the civil litigation standard. Where a law firm acts as bankruptcy administrator, it shall collect fees in accordance with the relevant provisions of the Supreme People's Court.
4. Special legal services for real estate development, construction projects, land development, PPP and other investment projects, according to 1 of the total project investment.
5. Investigation, demonstration, drafting and formulation of local regulations, government regulations and government regulatory documents shall be charged at 80,000 yuan to 300,000 yuan/piece.
Guiding standard of time service charge
Legal services can be negotiated and charged by the hour. The standard of time charge can be determined by the law firm and the client through consultation within the range of 5,000 yuan/hour in 500 yuan.
The hourly fee is calculated according to the actual working time invested by the lawyer, and the hourly fee will be charged if it is less than 1 hour. If two lawyers provide services in one job, they shall be charged according to their respective working hours. If a law firm provides services for more than three lawyers in specific work, it will only charge according to the working hours of two lawyers.
Guiding standard of risk agency charges
A law firm may charge a risk agency fee, the basic fee shall be determined through consultation between the law firm and the client, and the remuneration for other services shall be agreed with the client within the range of 5%-30% of the target amount.
Guiding standards for legal advisory services of enterprises, institutions and individuals
1. as a legal adviser for small and micro enterprises, with a maximum fluctuation range of no more than 2 times, ranging from 20,000 yuan to 50,000 yuan/year;
2. As a legal consultant for medium-sized enterprises, the maximum floating range is no more than 2 times, ranging from 50,000 yuan to 200,000 yuan/year;
3. As a legal adviser to a large enterprise, 100000 yuan to 300000 yuan/year, with a maximum fluctuation range of no more than 2 times;
4. Personal legal adviser, 65,438+00,000 yuan to 30,000 yuan/year, with the maximum fluctuation not exceeding 2 times.
When providing legal services for the special affairs of the above-mentioned legal advisory units or individuals or matters not stipulated in the legal advisory contract, a special legal service contract shall be signed separately in accordance with the relevant charging standards in these guidelines; The litigation and arbitration cases of the above-mentioned legal advisory units can be reduced or exempted by 10%-30% according to the standard of civil litigation fees of first instance.
Guiding standards for legal advisory services such as party committees, people's congresses, governments and CPPCC.
1. 50,000 yuan to 200,000 yuan/year for local party committees, people's congresses and CPPCC at or above the county level, with a maximum increase of no more than 2 times;
2 as a legal adviser to the local people's government at or above the county level, 80 thousand yuan to 300 thousand yuan/year, the maximum increase of no more than 2 times;
3 as a legal adviser to the Township People's government, the people's government at or above the county level or its directly affiliated institutions, 30 thousand yuan-200 thousand yuan/year, the maximum floating range is not more than 2 times;
4 as other people's organizations or social organizations legal adviser, with reference to the people's governments at or above the county level legal adviser fees.
When providing legal services for the special affairs of the above-mentioned legal advisory units or matters not stipulated in the legal advisory contract, a special legal service contract shall be signed separately in accordance with the relevant charging standards in this guidance. In the litigation and arbitration cases of the above-mentioned legal advisory units, the fees of 65,438+00%-30% can be reduced or exempted with reference to the standard of civil litigation fees of first instance.
(2) Market-regulated price charging standards
The client and the law firm shall follow the principles of openness, fairness, equal consultation, voluntary compensation, honesty and credibility.
Two. Relevant provisions on lawyers' service fees
(A), the types of government-guided price cases
(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 for civil and administrative litigation in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, maintenance, pensions, relief funds, social insurance benefits 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) Cases in which citizens claim state compensation on their behalf.
The charging standards for lawyer services subject to government-guided prices shall be implemented in accordance with the charging standards formulated by the competent pricing department in conjunction with the judicial administrative department.
(2) If it is a market-adjusted price, the following factors shall be considered when negotiating the fees for lawyers' services:
1. Working time required for entrusting legal affairs;
2. The difficulty of entrusting legal affairs;
3. The number of lawyers required to undertake entrusted legal affairs;
4. Local economic development and customers' affordability;
5. Risks and responsibilities that lawyers may bear;
6 years of practice experience, social influence, professional title level and professional level of lawyers;
7. The size of the subject matter of the case;
8. Other necessary expenses for handling entrusted legal affairs.
Third, the lawyer service charge contract knowledge
The charging contract or charging terms shall include:
1, charging items
2. Charge standard
3, the subject of the dispute,
4. Charging method,
5, the amount of fees,
6. Payment and settlement methods
7. Dispute settlement, etc.
After signing the contract with the client, the 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. The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees, data copying (printing) fees paid by the law firm on behalf of the client in the process of providing legal services are not lawyer service fees, and shall be paid separately by the client.