Standard (Trial) "Notice
City (state) Lawyers Association, Gongzhuling City, meihekou city Lawyers Working Committee, Provincial Lawyers Branch:
Guiding standards for lawyers' legal service fees in Jilin Province (for Trial Implementation). The ninth meeting of the Eighth Council of the Provincial Lawyers Association was considered and adopted, and is hereby issued.
April 1, 1717
Attachment:
Guiding Standards for Lawyers' Legal Service Fees in Jilin Province (for Trial Implementation)
first
In order to further guide and standardize the charging behavior of law firms, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of the lawyer service industry in our province, according to the relevant provisions of the Lawyers Law of People's Republic of China (PRC), the Notice of the National Development and Reform Commission on Several Opinions on Liberalizing Service Prices, and combining with the actual situation in our province, the guiding standards for charging in this industry are formulated.
second
All law firms registered and established in Jilin Province (including law firm branches) charge lawyer service fees, which shall be implemented with reference to this standard.
essay
Lawyer's service fee is the service remuneration charged to the client when the law firm accepts the entrustment to handle legal affairs.
Article 4
Lawyers' service charges follow the principles of openness and fairness, voluntary compensation, equal consultation, honesty and credibility.
Article 5
Lawyers' service charges shall be subject to market-regulated prices, and the specific amount and method of charges shall be determined by the law firm through voluntary consultation with the clients with reference to this standard. However, if the National Development and Reform Commission and the relevant government departments stipulate that the fees for lawyer services shall be subject to government guidance, such provisions shall prevail.
Article 6
A law firm may, in accordance with this standard and in combination with the actual situation of this firm, formulate the charging standards and methods for legal services of this firm, and report the charging standards of this firm to the local lawyers association for the record.
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 and society.
Article 7
When negotiating lawyer service fees with clients, a law firm shall consider the following factors:
(a) of the estimated time required to provide legal services;
(two) the difficulty of legal affairs;
(3) The lawyer's social reputation, practice experience and professional level;
(4) The number of lawyers required to handle legal affairs;
(5) Risks and responsibilities that lawyers may bear;
(6) Other necessary expenses for handling legal affairs;
(seven) the value of the subject matter of the case;
(eight) the value brought to the client;
(9) The bearing capacity of the entrusting party and the local economic development.
Article 8
According to different service contents and different service methods, the lawyer's service fee can be fixed, piecework, proportional to the target amount, agency fee based on time and risk, etc. Used alone or in combination.
Article 9
Fixed fee refers to the charging method that the client and the law firm negotiate to determine the specific fee amount according to the nature of the business, the target amount, the degree of major difficulties, the agreed risks and other factors, and confirm it in the entrustment contract.
Article 10
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, taking each entrusted legal affairs as the basic unit. Piece-rate fees are generally applicable to legal affairs that do not involve property relations, or involve property relations, but only determine fees according to workload without considering property value, such as book agency, witness, non-litigation legal services, etc.
Article 11
Charging according to the proportion of the amount of the subject matter refers to the pricing method of charging the lawyer's service fee according to a certain proportion based on the amount of the subject matter in dispute, the amount of the subject matter involved or the transaction amount. Charging according to the target amount is applicable to cases and projects involving property relations, including civil, administrative, state compensation, criminal incidental civil compensation, execution and other litigation and arbitration cases, as well as various non-litigation legal services.
Article 12
Time-based charging refers to that the law firm collects the lawyer's service fee from the client through consultation according to the effective working hours of providing legal services. Time charge can be applied to all kinds of legal affairs. If the fee is charged by time, the law firm must issue a time work list to the client during the service period or after the case is closed.
Article 13
Risk agency fee means that when a law firm accepts entrustment, it only charges basic fees, and other service remuneration is agreed in advance by the law firm and the client on the time, content and method of entrustment. When the agreed objectives are achieved (including but not limited to court judgment, mediation, conciliation of the parties, arbitral award, property and interests obtained from court execution, etc.). ), the lawyer's service fee shall be paid according to the amount agreed in the contract or the charging method; If the agreed goal or effect cannot be achieved, the lawyer's service fee will not be paid or reduced as agreed.
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 and payment time that both parties should bear. The implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the legal service contract amount.
Article 14
Risk agency fees shall not be implemented under the following circumstances:
(1) Criminal litigation cases, except incidental civil litigation;
(2) Administrative litigation cases;
(3) Cases of marriage and inheritance;
(4) Cases requesting social insurance benefits or minimum living security benefits;
(5) Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(six) cases of requesting payment of labor remuneration.
(seven) state compensation cases and group litigation cases involving public interests such as safety accidents, environmental pollution, land acquisition and demolition compensation (compensation).
Article 15
A law firm shall specify the service content, service object, charging items, charging methods, charging standards, charging amount, payment and settlement methods, time limit, conditions and dispute settlement methods in the agency contract between the two parties.
Article 16
The fees paid by the law firm on behalf of the client in the process of providing legal services, such as attorney fees, arbitration fees, appraisal fees, notarization fees, travel expenses, investigation and evidence collection fees, file retrieval fees, cross-border communication fees, expert argumentation fees, etc., are not lawyer service fees, and shall be paid separately by the client. Unless otherwise agreed by both parties.
Article 17
A law firm shall accept the entrustment to undertake legal aid cases. Law firms undertaking legal aid cases assigned by relevant authorities shall not charge any fees to the recipients.
Article 18
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 19
Law firms shall not engage in unfair competition and attract customers by reducing or exempting lawyers' service fees for the purpose of soliciting business; Or price alliance's monopolistic behavior.
Article 20
Where a legal affairs demand unit conducts the employment activities of a law firm by means of bidding, invitation to bid, comparison and selection, the law firm shall participate in the competition based on the principles of good faith, fairness and impartiality, and at the lowest charging standard determined by this standard.
Article 21
A law firm shall accept the supervision and inspection of the judicial administrative department and the lawyers' association when collecting lawyers' service fees.
Article 22
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, it may be submitted to the Lawyers Association for mediation, or it may apply for arbitration or bring a lawsuit to the people's court.
Article 23
The following charging standards for lawyer services with government-guided prices shall be formulated by the provincial price department in conjunction with the provincial judicial administrative department.
(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 citizens who request to pay alimony, alimony, alimony, pension, relief fund, social insurance and minimum living allowance in civil and administrative proceedings;
(3) Acting as an agent for cases in which citizens request payment of labor remuneration, industrial injury compensation and state compensation, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution and compensation (compensation) for land acquisition and demolition.
Article 24
For the legal services under the guidance of the industry, law firms charge legal service fees according to the following standards:
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property right relationship is not involved, the benchmark charging standard is 5,000-20,000 yuan/piece, and the maximum floating range does not exceed 100%.
2, involving property rights, according to the amount of litigation, arbitration (dispute), according to the proportion of cumulative charges:
(1) The proportion of fees for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 8%- 10%, and each item with less than 5,000 yuan will be charged at 5,000 yuan;
(2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) 6%-8% of 500,000 yuan to1000,000 yuan (including 6.5438+0,000 yuan);
(4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 4%-6% of 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan);
(6)/kloc-3%-5% of RMB 0/00000 to RMB 20 million (inclusive);
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
(8) 50 million yuan or more 1%-3%.
The above-mentioned charging standards are the charging standards for civil litigation and arbitration cases at the first instance stage. Acting as an agent for second instance, retrial proceedings, or arbitration cases, and refusing to execute or cancel the arbitration award shall be implemented with reference to the above-mentioned charging standards for the first instance stage. If the same law firm represents the same case in different stages of trial again, it can give a discount of no more than 50%. If there are counterclaims and counterclaims in this lawsuit, counterclaims shall be calculated cumulatively according to the target amount.
(2) Acting as an agent in administrative litigation cases.
The charging standard for administrative litigation cases shall be implemented with reference to the charging standard for civil litigation cases.
(3) Acting as an agent for all kinds of litigation and appeal cases.
The charging standards for handling criminal incidental civil litigation and various litigation cases shall be implemented with reference to the charging standards for handling civil litigation cases.
(4) Acting as an agent to execute cases.
Cases executed independently shall be charged according to the charging standard for civil cases of first instance; To undertake cases of first and second instance, the lawyer's fee may be appropriately reduced or exempted within 50%.
(5) Legal consultation
1, 100 per hour -500 yuan, where less than one hour is counted as one hour;
2. Charge 500- 1000 yuan for legal affairs documents.
(6) Non-litigation business expenses
Non-litigation business fees can be charged in three ways: piece rate and time rate. The time rate is 1000-3,000 yuan/hour, and complex legal services can be charged within 2 times of the above standard. According to the charging standard of the amount involved, refer to the charging standard of agency civil litigation cases.
Charges involving the following non-litigation businesses shall be charged according to the following standards:
1. If a credit investigation, credit opinion, consultation proposal and lawyer's witness are officially issued, the basic fee for each piece shall not be less than 5,000 yuan. If a legal proposal or lawyer's opinion is formally issued, the two parties shall negotiate the fees according to the workload and other specific circumstances. If it is necessary to issue a legal proposal or lawyer's opinion on the basis of preliminary due diligence, the minimum is not less than 30,000 yuan per copy.
2, review, draft and modify the contract and articles of association, each basic cost is not less than 2000 yuan. Participate in the project negotiation, and both parties will negotiate the expenses according to the workload and other specific conditions. Drafting, amending complicated contracts and articles of association or participating in complicated negotiations, or involving the subject matter of a contract of more than 50 million yuan, each piece shall not be less than 30,000 yuan.
3. Non-litigation legal services for investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major engineering construction, foreign-related business, etc. If it is necessary to conduct comprehensive due diligence, design transaction structure, participate in project negotiation, draft major transaction documents or issue legal opinions, the expenses shall be accumulated in proportion to the amount involved:
(1) 1 10,000 yuan (including 1 10,000 yuan), the following fees shall not be less than 50,000 yuan;
(2) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(3) 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 3%;
(4) 1 1,000,000 yuan to 5,000,000 yuan (inclusive) is 2%;
(5) The portion from 50 million yuan to 654.38+billion yuan (including 654.38+billion yuan) is more than 1 billion yuan, and the special legal services for real estate projects are charged according to the total investment of the project.
5, as a perennial legal adviser.
As a perennial legal adviser, fees can be fixed and fixed, or they can be combined.
If the annual fixed fee is adopted, the annual fee can be determined according to 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, and charged according to the following standards:
(1) As a perennial legal consultant of government agencies and institutions, it is 50,000-200,000 yuan/year, which can be raised reasonably;
(2) As a perennial legal consultant for large enterprises, 1.2 million yuan-800,000 yuan/year, which can be reasonably floated;
(3) Serving as a perennial legal consultant for medium-sized enterprises, 600,000-600,000 yuan/year, which can be reasonably floated;
(4) As a perennial legal consultant for small (micro) enterprises, the salary is 50,000-200,000 yuan/year, which can be reasonably increased.
The annual time charge is adopted, and the time charge standard is 500 yuan-3,000 yuan/hour. The hourly rate of perennial legal counsel in foreign affairs, securities, intellectual property rights, tax law and other specialized fields can be increased by no more than 2 times on the basis of the above standards.
(seven) the service items recorded in the industry guidance price list may be charged by the risk agent on the basis of negotiation between the two parties.
Article 25
For major, difficult, complicated and time-consuming cases, you can negotiate with the parties to increase the fees, which should generally be within 5 times of the fees.
The following civil and administrative cases are major and complicated:
1, the number of one party is more than three * * * the same lawsuit;
2 cases with difficulty in obtaining evidence and complicated legal relationship; Lawyers spend significantly more time handling cases than similar cases; The case involves difficult professional issues, and the professional level of lawyers is significantly higher than that of similar cases;
3 major foreign-related cases and cases with significant social impact;
4. New types of cases;
5. Other cases that the law firm considers to be significant and complicated through consultation with the clients;
& amp (= National Bureau of Standards) National Bureau of Standards