The "Guidelines for Lawyers' Fees Industry in Yunnan Province" was deliberated and adopted at the 5th meeting of the 7th Council of the Provincial Lawyers Association on February 30th, 20 16, and is hereby issued to you, please implement it carefully.
All the problems encountered in the implementation, please reflect to the Secretariat of the Provincial Lawyers Association.
Attachment: Yunnan lawyer service charge industry guide
Yunnan province lawyers association
20 17 65438+ 10/0/3
Attachment:
Yunnan province lawyer service charge industry guidance standard
(20 16 65438, deliberated and adopted at the 5th meeting of the 7th Council of Yunnan Lawyers Association).
Article 1 According to the Lawyers Law of People's Republic of China (PRC), the Notice of the National Development and Reform Commission on Liberalizing Some Service Prices (No.2014] 2755) and the Notice of the Yunnan Provincial Price Bureau on Forwarding the Opinions of the National Development and Reform Commission on Liberalizing Some Service Prices (Cloud Price Charge [20 15]2065438)
Article 2 The fees for lawyer services shall be determined by the law firm through consultation with the clients. These Guidelines apply to law firms and their branches established according to law within the administrative region of this province to provide legal services for clients, and refer to the implementation when determining fees through consultation.
Article 3 Lawyers' service fees may be collected separately or in combination according to different service contents and modes, such as periodic fees, piece-rate fees, proportional fees of bid amount, time fees, risk agency fees, etc.
(1) Fixed fee refers to the lawyer's service fee charged for providing daily legal services to clients within a certain period of time.
(2) Piece-by-piece charging refers to the pricing method of charging lawyers' service fees according to the specified amount or within the specified scope, range and limit, with each entrusted legal service or each legal service stage as the basic unit. Piece-by-piece fees are generally applicable to legal affairs that do not involve property relations, or involve property relations, but only determine fees according to workload and work content without considering property value, such as book agents and special non-litigation legal services that are not suitable for charging lawyer fees according to the target amount.
(3) Charging according to the proportion of the bid amount refers to the pricing method of charging the lawyer's service fee according to a certain proportion according to the disputed bid amount of the case, the items involved in the disputed bid amount and the transaction amount. Charging according to the target amount is applicable to cases and projects involving property relations, including civil litigation, execution, criminal incidental civil compensation, arbitration cases, non-litigation legal services, etc.
(4) Hourly charging refers to the pricing method in which a law firm charges a lawyer's service fee from a client according to the determined hourly charging standard and the effective working time consumed by providing legal services. If the fee is charged by the hour, the law firm shall fill in the work log in time, issue a work list to the client and negotiate with the parties.
(V) Risk agency fee refers to the charging method in which the law firm only charges a certain amount of basic service fee (or agrees not to charge basic service fee) when accepting entrustment, and the rest of the service remuneration is agreed by the law firm and the client on the objectives and effects to be achieved in the entrusted matters, the time, proportion, conditions and methods of paying the lawyer's service fee, and paid according to the agreed amount or proportion according to the realization of the objectives and effects.
Risk agency shall not be implemented in the following circumstances:
1, a case of implementing government guidance;
2, the implementation of government-guided administrative litigation cases;
3. Marriage and inheritance cases;
4. Group cases.
(6) Other charging methods refer to other charging methods for lawyer services that are more in line with the actual situation of the entrusted matters on the premise that the law firm and the client reach an agreement through consultation.
Article 4 When a law firm negotiates the fees for lawyer services with its clients, it shall consider the following main factors, and negotiate with the clients to determine the specific fees and methods within the prescribed scope.
Working hours spent;
(two) the difficulty of legal affairs;
(3) The number of lawyers, professional experience and professional ability required for handling legal affairs;
(four) the risks and responsibilities that law firms and lawyers may bear;
(five) the title of the lawyer, the lawyer's practice years and work level;
(six) the importance of the entrusted business and the value of the subject matter;
(seven) other necessary expenses for handling the case;
(eight) other factors affecting the lawyer's cost, expenditure and workload.
Article 5 The guiding charging standards are as follows:
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property relationship is not involved, the charging standard is 5000-30000 yuan/piece.
2, involving property rights, according to not less than the following standards, using differential progressive system to calculate the proportion of fees:
(1) 5% for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan), and 5,000 yuan for each part less than 5,000 yuan;
(2) 4% of the portion from 6,543,800 yuan to 500,000 yuan (including 500,000 yuan) is 1 10,000 yuan to 6,543,800 yuan (including 6,543,800 yuan);
(4) 6,543,800 yuan to 5 million yuan (including 5 million yuan) is 3%;
(5) 5 million yuan to 1 ten thousand yuan (inclusive) is 2%;
(6) 65438+20 million yuan (including 20 million yuan) is 1 10,000 yuan to 50 million yuan (including 50 million yuan) is1%;
(8) For the part of more than 50 million yuan, the above two charging standards are the charging standards for the first-instance stage of civil litigation cases. If you represent the second instance, remand for retrial or retrial alone, or if you represent the arbitration case or refuse to execute or cancel the arbitration award, you can refer to the above-mentioned charging standards for the first instance. If the same law firm represents the same case at different stages again, it can give preferential treatment. If you represent counterclaims and counterclaims at the same time, counterclaims and counterclaims can be charged according to the standards of first instance of civil cases.
4. Foreign-related cases: The charging standards for foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) can be implemented with reference to the charging standards for first instance of civil litigation cases. Involving foreign language legal services, according to 65438+ 0 to 5 times the above standard. With the consent of the client, the law firm may also consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to determine the amount of fees.
5. For major, difficult, complex and off-site civil litigation and arbitration cases, the charging standard for first-instance civil litigation cases can be increased by 1 to 5 times.
The following cases are major, difficult and complicated civil litigation and arbitration cases:
(1) Intermediate and above people's courts accept cases of first instance;
(2) * * * Cases involving three or more parties;
(3) intellectual property disputes, unfair competition disputes, goodwill disputes, reputation disputes and other cases;
(4) Cases with difficulty in obtaining evidence;
(5) New types of cases;
(6) Cases involving more than two legal relationships;
(seven) cases involving professional knowledge and requiring the assistance of non-legal professionals;
(eight) other civil litigation and arbitration cases that the law firm and the client have reached an agreement through consultation, and both parties think are significant, difficult and complicated.
6, civil litigation and arbitration cases, in addition to the provisions of the state shall not implement risk agency fees, risk agency fees can be implemented. The risk agency fee is determined through consultation according to the amount of the subject matter in dispute, the difficulty of achieving the agency goal, the litigation stage covered by the agency work and other factors. If property relations are involved, it is suggested that it should not be higher than 30% of the total amount of the disputed object.
7. Case execution: According to the amount of the execution target, fees can be charged according to the standard of the first trial stage or risk agency fees can be charged according to the case situation.
8. Acting as an agent for civil appeal cases can refer to the charging standards for acting as an agent for civil litigation cases in the first instance stage, or risk agency fees can be implemented.
(2) Administrative cases
1. The charging standards for agency administrative litigation, administrative reconsideration and hearing shall be implemented with reference to the charging standards for the above-mentioned civil cases.
2, the agency administrative cases, with reference to the implementation of civil appeal fees.
(3) Non-litigation business expenses
Involving the following non-litigation business, you can refer to the following standards:
1, legal due diligence, bond issuance, listing, etc. ：
(1) Legal due diligence 50,000 yuan/piece;
(2) The initial bond issue is 65,438+000,000 yuan/sheet;
(3) The listing of the New Third Board is 200,000 yuan/piece;
(4) The main board, small and medium-sized board and Growth Enterprise Market are listed at RMB 65,438+0,000,000 yuan/piece.
2, other securities business, investment and financing, mergers and acquisitions, enterprise restructuring and other non-litigation business, each charge is not less than 50 thousand yuan; Involving property relations, can refer to not less than the following standards, using the differential progressive system to calculate the amount of fees:
(1)100,000 yuan (including100,000 yuan) The following part is 1%, and less than 50,000 yuan is charged at 50,000 yuan;
(2) If the amount of 654.38 yuan+0,000,000 yuan to 5,000,000 yuan (including 5,000,000 yuan) is more than 1 100 million yuan, the charging standard shall be determined in accordance with the provisions of the Charging Standard.
(four) as a perennial legal adviser.
If the annual fixed fee is adopted, the annual fee standard can be determined according to the actual situation of the consulting unit, 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, which can be charged with reference to the following standards:
(1) as a perennial legal adviser to individual industrial and commercial households and natural persons, ranging from 30,000 yuan to100,000 yuan/year.
(2) As a perennial legal consultant for medium-sized enterprises, 800,000-300,000 yuan/year.
(3) Serving as a perennial legal consultant for large enterprises and listed companies, ranging from 200,000 to 600,000 yuan/year.
(4) Served as perennial legal adviser for organs, institutions, social organizations and other organizations, ranging from 1 10,000 yuan to 200,000 yuan per year.
(5) The above services can be charged by time according to the actual situation, and the time charging standard is 300 yuan-3,000 yuan/hour.
(6) Legal fees, preservation fees, execution fees, arbitration fees, appraisal fees, notarization fees, announcement fees, file retrieval fees, translation fees, travel expenses, transportation fees, cross-border communication fees, postal fees, consultation and demonstration fees of experts or professional institutions, etc. What happens in the process of handling a case does not belong to the lawyer's service fee, which shall be settled by both parties through consultation.
Article 6 These Guidelines shall not apply to the following legal services that are subject to government-guided prices:
(a) as a defender of criminal suspects and defendants in criminal cases, and as an 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, pension and relief, 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 (compensation) for land acquisition and demolition;
(3) Cases in which citizens claim state compensation on their behalf.
Article 7 The fees charged by a law firm shall comply with the following norms:
(1) When providing legal services, a law firm shall sign a written agency contract.
(2) Lawyers' service fees shall be uniformly collected by law firms, and legal bills stipulated by tax authorities shall be used.
(three) the law firm shall accept the assigned legal aid cases. 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.
(four) after calculating the lawyer's fees according to these guidelines, the law firm may give preferential treatment according to its long-term cooperative relationship with its clients.
Article 8 Supplementary Provisions
(1) A law firm shall announce the service items and charging standards of lawyers in a prominent position, and consciously accept the supervision and inspection of relevant competent departments, industry associations and all sectors of society.
(two) the fees for lawyers' services in frontier ethnic areas can be combined with the local economic development level, and the local lawyers association shall formulate corresponding industry guidance fees.
(three) law firms should implement industry standards and charging standards to avoid unfair competition in the industry. Disputes arising from unfair competition between law firms shall be handled by the provincial lawyers association or the authorized national lawyers association.
(4) The Council of Yunnan Lawyers Association shall be responsible for the interpretation of these Guidelines.
(5) This standard guide has been officially implemented since 20 18 10/0/day.