Only civil litigation, the state stipulates that the provinces set their own standards.
Notice of the Price Bureau of Heilongjiang Province and the Department of Justice on Printing and Distributing the Implementation Measures for the Management of Lawyers' Service Fees in Heilongjiang Province
2007-9-27 6:35: 16
Hei Jia Lian Zi [2007] No.33
June 2007 14
Municipalities (states) Price Bureau, Judicial Bureau, Provincial Agricultural Reclamation Price Bureau and Judicial Bureau:
In order to meet the needs of the development of the lawyer service industry, standardize the charging behavior of lawyer services, and safeguard the legitimate rights and interests of clients and law firms, according to the requirements of the Notice of the National Development and Reform Commission and the Ministry of Justice on Printing and Distributing the Measures for the Administration of Lawyer Service Charges (NDRC Price [2006] No.611), the revised Measures for the Administration of Lawyer Service Charges in Heilongjiang Province are hereby printed and distributed to you.
Attachment: Implementation Measures for the Management of Lawyers' Service Fees in Heilongjiang Province
Government-guided Price Standard of Lawyer Service Charge in Heilongjiang Province (Trial)
Measures for the implementation of the management of lawyers' service charges in Heilongjiang Province
Article 1 These implementation measures are formulated in accordance with the relevant provisions of the Price Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and the Measures for the Administration of Lawyers' Service Fees issued by the National Development and Reform Commission and the Ministry of Justice (hereinafter referred to as the "Administrative Measures"), combined with the actual situation of our province.
Article 2 These Measures shall apply to the charging behavior of law firms registered and established within the administrative area of our province and their branches to provide lawyer services for clients. When a law firm from other provinces provides legal services for clients in our province or a law firm from our province provides legal services for clients outside our province, both parties shall sign a contract to determine the measures for charging lawyers' services in our province or other provinces.
Article 3 Fees for lawyers' services shall follow the principles of convenience, fairness, openness, voluntary compensation and good faith. Law firms should strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services in our province shall be guided by the government and regulated by the market.
(a) The following legal services are directed by the government.
1, representing civil litigation cases;
2. Acting as an agent in administrative litigation cases;
3. Acting as an agent for state compensation cases;
4. Providing legal advice to criminal suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, acting as the defendant's defender or private prosecutor, and representing the victims;
5. Acting as an agent for appeals in various litigation cases.
(2) Other legal services are subject to market-adjusted prices.
Government-guided lawyer service charges shall be formulated by the Provincial Price Bureau in conjunction with the Provincial Department of Justice.
The charging items and standards for lawyer services with market-regulated prices shall be determined through consultation between the law firm and the client according to the difficulty of legal affairs, the working hours consumed, the risks and responsibilities that the lawyer may bear, the lawyer's social reputation and working level, and the client's affordability.
Article 5 According to different service contents, lawyers' service fees can be charged on a piecework basis, in proportion to the target amount and by time.
Piece rate is 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.
The hourly fee is calculated according to the effective time for lawyers to handle legal affairs, including the time for providing legal advice, investigating and collecting evidence, consulting relevant materials, drafting litigation documents and legal documents, appearing in court, participating in mediation and negotiation, handling various formalities and handling other legal affairs for clients.
Article 6 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after being informed of the government guidance price, it may charge the risk agency fee.
Risk agency shall not be implemented in the following circumstances:
(1) Cases of marriage inheritance.
(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.
To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear.
The implementation risk agency fee may not be limited by the government-guided price, but the maximum fee shall not be higher than 30% of the amount agreed in the contract, and shall not be obviously unfair.
Risk agency is prohibited in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 7 A law firm shall accept the entrustment to undertake 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, under any of the following circumstances, the law firm may reduce or waive the lawyer's service fee as appropriate.
(a) claims for compensation for work-related injuries (except accidents).
(2) Requesting to pay alimony and alimony.
(3) requesting the payment of social insurance, pensions and relief funds.
(four) other special circumstances, unable to bear the lawyer's service fee.
Article 8 When accepting entrustment, a law firm shall sign a contract for charging lawyers' services with the client or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amount or proportion, payment and settlement methods, charging dispute settlement methods, etc. The service fee shall be charged by the law firm to the client, and the law firm shall issue a bill of legal fees to the client.
Article 9 Legal fees, arbitration fees, appraisal fees, notarization fees, file search fees, travel expenses for handling cases in different places, etc. The fees incurred by lawyers in the process of legal services are not lawyers' service fees, and should be paid separately by the clients.
The law firm shall provide the client with the cost estimate of the above-mentioned expenses, which shall be confirmed by both parties through consultation. Any change in the cost estimate must be approved by the customer in advance.
Article 10 Lawyers' service fees and related handling fees shall be uniformly collected by law firms, and lawyers shall not collect any fees from clients without permission.
When a law firm settles the handling fees listed in Article 9 to its clients, it shall provide a list of fees and valid vouchers. If a valid voucher cannot be provided, the customer may not pay.
Article 11 After signing a service contract with the client, a law firm shall not change the charging items or raise the charging standards without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 12 The client shall pay part or all of the lawyer's service fees in advance according to the entrustment contract, or both parties may agree to pay them in installments during the provision of legal services through consultation.
Article 13 If the client requests to terminate the entrustment relationship due to the fault of the lawyer, it shall be settled through consultation in accordance with the relevant laws and regulations, and the law firm shall give a reasonable refund.
If the entrustment relationship is terminated for some reason in the middle of handling a case, the law firm shall deduct the corresponding expenses according to the performance of the contract and return the balance to the client.
Article 14 Where a law firm disputes the fault referred to in Article 13 of these Measures, it shall settle it through consultation with the client. If negotiation fails, it may be submitted to the lawyers association, judicial administrative department and price department where the law firm is located for coordination and settlement, or it may bring a lawsuit to the people's court.
Article 15 A law firm shall strictly implement the charging items and standards stipulated in these Detailed Rules and its annexes, and publicize the implementation measures for the management of lawyers' service charges in Heilongjiang Province, charging items and standards and other information in a prominent position in the charging places of the law firm, and accept social supervision.
Sixteenth price departments at all levels should strengthen the supervision and inspection of the charging behavior of law firms.
If a law firm commits one of the following price violations, the competent price department where the law firm is located shall impose administrative punishment in accordance with the Price Law and the Provisions on Administrative Punishment of Price Violations:
(1) Failing to publicize the charging items and standards of lawyer services as required.
(two) in violation of the provisions of these measures, raise the standard of fees, expand the scope of fees, and collect fees by themselves.
(three) through the decomposition of projects, repeated charges and other ways to raise the charging standard in disguise.
(four) unfair competition at a cost significantly lower than the cost.
(5) Other price violations.
Seventeenth judicial administrative departments should strengthen the 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) the law firm collects lawyer service fees and other handling funds in violation of regulations;
(3) failing to provide the client with an estimate of other funds for handling cases, and failing to submit valid vouchers for other funds for handling cases to the client. Charge lawyers' service fees and don't issue legal bills.
(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.
Eighteenth citizens, legal persons and other organizations can report and complain to the competent price department, the judicial administrative department or the lawyers association through letters, calls and visits.
Nineteenth approach by the Provincial Price Bureau in conjunction with the Provincial Department of justice is responsible for the interpretation of. Other matters not covered herein shall be subject to 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' Service Fees (No.NDRC Price [2006]6 1 1).
Twentieth these measures shall be implemented as of June 6, 2007, and the government guidance price standard for lawyer service charges shall be tried out for one year. The Notice of the Price Bureau of Heilongjiang Province and the Justice Department of Heilongjiang Province on Printing and Distributing the Government-guided Price Standard of Lawyer Service Fees in Heilongjiang Province (Trial) (Heijialianzi [2002] No.69) shall be abolished at the same time.
Government-guided price standard for lawyers' service charges in Heilongjiang Province
(Trial)
I. Acting as an agent in civil litigation cases
(a) does not involve property rights, the implementation of piecework fees. The charging standard is 3000 yuan/piece (RMB, the same below), which can go up by 50%, and there is no limit to the down.
(two) involving property rights, the implementation of the cumulative charge according to the proportion of the target amount. The criteria are as follows:
Bid amount, charging standard and rate
1, 000 yuan and below 800 yuan.
4% from 1 ten thousand yuan to 1 ten thousand yuan;
65438+100000 yuan to 500000 yuan 3%;
More than 500,000 yuan to 6.5438+2% of 0,000 yuan;
1 10,000 yuan to 5 million yuan1%;
5 million yuan to 6.5438+0.5% yuan;
1100,000 yuan or more-50 million yuan 0.25%;
More than 50 million will be negotiated by both parties.
The above rates can be increased by 30%, and the downward range is not limited. The calculation of the amount of litigation subject matter includes the amount of counterclaim subject matter. If the case involves both property relations and non-property relations, it shall be calculated from a higher level.
Two. Acting as an agent in administrative litigation cases
1, which does not involve property relations and is charged by piece. The charging standard is 2500 yuan/piece, which can go up by 50%, and there is no limit to down.
2, involving property relations, in accordance with the civil litigation cases involving property relations.
3, the agency administrative reconsideration cases, according to the above standards, as appropriate, reduce fees.
Three. Acting as an agent for state compensation cases
Piece-by-piece charges are applied to state compensation cases, and the charging standard is 4,000 yuan/piece, which can go up by 30% and down without limit.
Four. Act as an agent in criminal cases
Acting as an agent in criminal cases is charged by the piece.
(1) Providing legal advice: 200 yuan/piece;
(2) Investigation stage (including self-investigation by procuratorate). Acting as an agent for complaints (filing stage, which will be charged separately after filing), and applying for bail pending trial, 1500 yuan/piece.
(3) Review and prosecution stage: 2,000 yuan/piece;
(4) Preliminary stage: 3,000 yuan/piece;
(5) Criminal private prosecution and victim agency (not involving property relations): 3,000 yuan/piece.
The above standards can be increased by 40% according to the actual situation, and there is no limit to the downward movement. Involving property relations and incidental civil parts, fees shall be charged according to the standard of civil cases.
Verb (abbreviation of verb) represents the appeal of various litigation cases.
Acting for all kinds of litigation cases and charging by piece. The charging standard is 3000 yuan/piece, which can go up by 30%, and there is no limit to down. After entering the retrial procedure, those who do not represent the first or second instance shall be charged according to the charging standards of various litigation cases. If there is an agent in the first instance or the second instance and the fee is charged, the fee will be halved at this stage.
Six, with the consent of the client and confirmed by the local lawyers association is a major, complex and difficult case, the lawyer's agency service fee can be determined through consultation within five times the above-mentioned charging standard.
Seven, the time charge. With the consent of the client, the above services can also be charged by time. Hour is the basic unit of calculation. If it is less than 1 hour, it will be calculated as 1 hour. When a law firm charges by the hour, it shall obtain the consent of the client, and may, according to the lawyer's practice years, professional ability and social reputation, negotiate with the client to determine the hourly charging standard for lawyers. If the number of lawyers exceeds two, the fees shall be calculated separately according to their actual working hours and charging standards.