Chapter I General Provisions Article 1 In order to regulate the hourly charging behavior of lawyers' legal services in our city and safeguard the legitimate rights and interests of clients and lawyers according to law, these Guidelines are applicable according to Article 2 of the Measures for the Administration of Lawyers' Service Fees (Development and Reform Price No.20066 1 1), the Implementation Measures for the Administration of Lawyers' Service Fees in Beijing (Trial) and the Government Guiding Price Standard for Lawyers' Litigation Agency Services in Beijing (Trial). When providing legal services in different places, law firms in this Municipality may implement these Guidelines or the relevant provisions on hourly charges for lawyers where legal services are provided, which shall be determined through consultation between the law firms and the clients. These Guidelines are not applicable to branches established by law firms in other provinces, autonomous regions and municipalities directly under the Central Government. Article 3 Time-based charging refers to the charging method in which a law firm accepts the entrustment according to law and calculates the service remuneration according to the determined time-based charging standard and the effective working hours it has paid for providing legal services. Article 4 A law firm shall follow the principles of honesty, credibility, openness, reasonableness and fair competition when charging by the hour. Article 5 Where a law firm charges by the hour, it shall specify the following contents in the entrustment contract or other agreement signed with the client: (1) the hourly charging standard for lawyers; (2) Contents of legal services; (three) the way and time of issuing the list of time charges; (four) the payment method and time limit of the lawyer's fee; (five) the way and time limit for the client to raise objections; (6) If the client fails to pay the fees as agreed, the law firm has the right to terminate the entrustment contract; (7) Dispute settlement and other provisions. Chapter II Standards for Charges by Time for Lawyers Article 6 Law firms shall provide the legal services listed in Article 7 of the Measures for the Administration of Charges for Lawyers' Services in Beijing (Trial) (hereinafter referred to as litigation legal services) and implement government-guided prices according to law; Law firms provide legal services other than those listed in Article 7 of the Measures for the Implementation of Beijing Municipality on the Management of Lawyers' Service Fees (Trial), and the market-regulated prices shall be implemented. The specific standards and prices shall be determined by the law firms through consultation with the clients. Article 7 When providing litigation legal services, a law firm shall consider the following factors to determine the specific hourly charge price, but it shall not exceed the government-guided price standard: (1) the types of cases it undertakes; (two) the complexity of the case itself, as well as the risks and responsibilities that the firm may bear; (three) whether the case involves different places, foreign countries, etc. Chapter III Effective Working Time Article 8 Effective working time refers to the working time spent by lawyers appointed by law firms to provide legal services to clients. Article 9 When engaging in legal services, the following hours are effective working hours: (1) the time spent in agency work that does not violate the law at the request of the client; (two) the time spent by lawyers in handling agency work around entrusted matters at the request of public security organs, procuratorial organs, people's courts and other institutions; (three) in the process of providing legal services, the attorney understands the entrusted matters and the requirements of the client, answers the questions raised by the client, exchanges opinions with the client on the entrusted matters, and informs the client of the time spent on the work progress; (four) the time for lawyers to consult relevant materials, regulations and discuss entrusted matters; (5) The time spent by lawyers to undertake the agency work stipulated by laws, regulations and industry norms around the entrusted matters. Article 10 When undertaking legal services, the working hours of the assistants appointed by the law firm to undertake lawyers can be counted as effective working hours after consultation between the law firm and the client. Eleventh when undertaking legal services, there are more than two lawyers, and the effective working hours are calculated separately and cumulatively according to the time of providing effective legal services. Article 12 The effective working hours of lawyers shall be counted from the date when the entrustment relationship is determined by both parties through consultation to the date when the entrustment contract is terminated. Unless otherwise agreed by both parties. Article 13. A lawyer may, in the process of handling entrusted affairs, collect legal fees according to the effective working hours, unless otherwise agreed by both parties. Chapter IV List of Hourly Charges Article 14 The list of hourly charges for lawyers is the evidence of the contents of effective legal services provided by lawyers, the effective working hours spent by lawyers and the corresponding legal fees. The hourly charge list is in duplicate, one for the customer and one for the file. Article 15 When undertaking legal services, the list of hourly fees for lawyers shall record the following contents: (1) Clients, trustees, lawyers undertaking legal services and hourly fees; (two) the specific work content and corresponding working hours of providing legal services; (3) Accumulated time for providing legal services; (4) The amount, payment method and payment period of the lawyer's remuneration. Article 16 A law firm shall examine and confirm the list of fees issued by lawyers. Seventeenth law firms to undertake legal services, should be strictly in accordance with the time agreed in the contract to the client issued a list of time charges. Eighteenth engaged in legal services, the effective working time in the meter is 0. 1 hour, and the minimum time unit is 6 minutes. Less than 6 minutes is calculated as a billing unit. Article 19 When undertaking legal services, a law firm shall issue a list of hourly charges to its clients by fax, e-mail or notifying them to collect them. At the same time, at the request of the client, work records and related materials can be attached. Chapter V Settlement of Hourly Charges Article 20 If a law firm undertakes legal services, and the client disagrees with the meter of hourly charges, it shall consult with the client. If negotiation fails, the law firm may notify the client in writing to terminate the entrustment in accordance with the contract. After the termination of the contract, the cost dispute shall be handled in the way agreed in the contract. Article 21 If a law firm undertakes legal services and receives legal fees in advance, it shall issue an invoice in time, and settle the case with the client according to the amount of legal fees listed in the hourly fee list issued by the law firm. Article 22 When a law firm undertakes legal services, if it fails to receive attorney fees in advance or the amount of attorney fees received in advance is not enough to offset the amount in the hourly fee schedule, and if the client fails to pay the attorney fees in time within the time limit required by the hourly fee schedule and does not raise any written objection, the law firm may issue a notice of termination of agency and a notice of dunning to the client. After being informed, if the client still fails to pay the lawyer's fees in full and on time, the law firm may issue a notice of termination of agency to the client and inform the relevant parties in time. Twenty-third lawyers should properly keep a complete record of lawyers' work, time list and corresponding files, and sort them out after the agency work. Chapter VI Supplementary Provisions Article 24 These Guidelines shall be tried out after being approved by the Council. Article 25 The Council shall be responsible for the interpretation of these Guidelines.
Legal objectivity:
Article 3 of the Measures for the Administration of Lawyers' Service Fees
Lawyers' service charges 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 5
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;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.