Guangdong Province, the implementation of the management of lawyers' service charges
Article 1 In order to standardize the behavior of lawyers' service charges, safeguard the rights and interests of the clients and lawyers' firms
to promote the healthy development of lawyers' industry in the province, according to the "State Planning Commission,
Justice Department on the issuance of <. Interim Measures for the Administration of Lawyers' Service Charges> Notice" (Price Fees [1 9 9 7] No. 2 8 6) and "Notice of the State Planning Commission and the Ministry of Justice on the Temporary Formulation of Temporary Standards for Lawyers' Service Charges by Various Places" (Price Fees [2 0 0 0] No. 3 9 2) as well as the former six ministries and commissions of the State Planning Commission and other ministries, "On the Issuance of < Measures for the Administration of Intermediary Service Charges > Notice" (Price Fees [1 9 9 9] No. 2 2 2 5 5). No. 2 2 5 5) of the relevant provisions of the Guangdong Province, combined with the specific circumstances of the lawyer service industry, the formulation of these measures.
Article 2 These measures shall apply to lawyers
firms or branches registered and established in the Guangdong Provincial Department of Justice and the client.
Article 3 the lawyer service fee is a law firm accepts the commission for legal
services, the service remuneration charged to the client.
Lawyer service fee is an intermediary service charges, the implementation of government-guided price and market-regulated price classified parallel management, the implementation of government-guided price in our province, the benchmark price of the lawyer's service fee and fluctuation range by the provincial price bureau and the department of justice *** with the development of the (see annex), the law firms should be in the stipulated benchmark price and within the range of the fluctuation of the negotiation with the client to determine the specific charges.
Fourth lawyers service charges shall follow the open, fair, honest and public
level competition, voluntary compensation, the principal pays principle.
No contracting of litigation or improper solicitation of business; shall not in various names to provide kickbacks to the client or to intervene in the payment of referral fees.
Article 5 law firms to determine the specific standard of the lawyer's service fee, shall take into account the following factors:
1. the law firm's day-to-day business activities of the cost of expenditure;
2. the number of lawyers required to deal with the entrusted matters and the attorney's ability to undertake the business;
3. the entrusted matters to deal with the required work time;
4. the entrusted matters to deal with the work time;
5. the law firms shall not provide rebates or in various names to pay referral fees. p>4. Degree of difficulty in handling entrusted matters;
5. Dealing with entrusted matters may bear the risk and responsibility;
6. Location of the socio-economic development of the situation and the client's ability to afford.
Sixth, the specific pricing of the lawyer's service fee is divided into three forms of hourly fee, piecework
fee and negotiation fee, which form of specific by the law firm and the client in accordance with the provisions of the negotiation.
Article 7 time charges refers to the law firm to provide legal services based on the effective time spent working, within the standard range, according to determine the hourly rate charged to the client lawyers service fee billing method.
hourly fee applies to all legal service activities.
When hourly fees are used, the law firm must issue a work list to the client after the case is closed.
The rules for calculating the hourly fee shall be formulated separately by the provincial lawyers' association and reported to the provincial price bureau and the department of justice for approval and implementation. '
Article 8 piece-rate fee refers to each commissioned matter as the basic unit, in accordance with the regulations
Amount or in the prescribed range, range, limit within the specifically agreed upon charging lawyers service fee billing method.
The piece rate applies to law firms to handle all kinds of litigation, arbitration and case execution of legal affairs.
For civil and commercial cases involving property relations, at the request of the client, can take the risk of the billing method. Risk fee refers to the law firm in accepting the commission, only charge the basic fee, the rest of the service remuneration by the law firm and the client on the commission should achieve the goal, the effect and the payment of the lawyer service fee of the time, proportion, conditions and so on, first agreed, to achieve the conditions of the agreement, according to the agreement to pay the fee; can not realize the agreement, no longer pay any fee. Adopt the risk fee billing method, both parties agree on the maximum fee, shall not be higher than the total amount of litigation or application for enforcement of 3 0%. With the consent of the client, the law firm may collect part of the performance bond, after the completion of the entrusted matters, in accordance with the agreement with the client settlement. Take the risk of fees, law firms must reach a written agreement with the client.
Criminal proceedings do not apply to the risk of fees, but for the time or geographical span is very large, group crime and other major cases of difficult, complex criminal cases, can be no higher than the standard 1.5 times within the negotiation of the fee.
Article 9 negotiation fee refers to the law firm and the client based on the degree of difficulty of legal affairs voluntarily negotiated to determine the fee billing method.
Negotiation fee applies in addition to the provisions of article 8 of the non-litigation legal affairs, such as answering legal advice, on behalf of the drafting or review of all kinds of legal instruments, to participate in the project negotiation, mergers and acquisitions, reorganization, bankruptcy and liquidation, the issuance of legal opinions (recommendations), for witnessing, intellectual property rights, securities and financial legal services, as a legal adviser for the year or special.
Provincial lawyers association can formulate the negotiation fee pricing finger bow l for law firms and clients, and reported to the provincial price bureau, the justice department for the record.
Article 10 the use of hourly or piece-rate fees, law firms can
To the location of the level of economic development, the entrusted matters of the degree of difficulty and the client's affordability, in the provisions of the fees on the basis of the standard, upward or downward fluctuation of 20%; In economically underdeveloped areas, with the consent of the local price department and the judicial and administrative organs, can be expanded to the downward fluctuation. The range.
Article 11 lawyers in the process of providing legal services should be paid by the client court costs, appraisal fees, assessment fees, notary fees, file search fees, translation fees, travel expenses, cross-border communication costs, expert testimony fees and other costs paid by the law firm on behalf of the client (hereinafter referred to as "case fees'') by the client. ') shall be paid separately by the client, unless otherwise agreed by both parties in the risk fee.
The case fee can be paid directly by the client, can also be paid by the law firm. By the law firm on behalf of the payment, the law firm can be charged in advance to handle the case.
Article 12 of the lawyers service charges for the implementation of the price system, law firms
should be in the fees of the place of the prominent position of all the lawyers service projects and fees, consciously accept the client and the community supervision.
Article 13 of the law firms charge lawyers service fees shall be set out in the power of attorney between the two sides, the nature of the fees, fees, fees, fees, fees, the total amount of payment, payment methods, time limits, conditions and dispute resolution methods.
Lawyers' service fees and advance case handling fees are all charged in RMB.
Article 14 the lawyer service fee and advance handling fee by the law firm. Lawyers shall not collect any fees from their clients.
Law firms collect lawyers service fee, must use the tax department legal bills. Advance case fee must issue a written confirmation of the bill, and strictly according to the agreed purpose of reasonable use. After the completion of the commission, must make a list of the use of the case fee, the tax department to provide legal bills and the client settlement, the balance or can not provide bills, the case fee shall be refunded accordingly.
Article 15 due to the lawyer's fault and the termination of the commission relationship, the law firm shall
Return of the fees charged for the services of lawyers; Due to the client's fault and the termination of the commission relationship, the law firm has been charged for the services of lawyers shall not be refunded. Due to the law firm and the client *** with the fault or the client's request beyond the reasonable scope and terminate the entrusted relationship, the law firm shall be based on the actual expenses of the legal affairs for the corresponding deduction, the balance of the part of the refund to the client.
Article 16 of the law firms must be strictly in accordance with the provisions of the range of fees, fees, fees and fluctuations in the range of fees. In economically underdeveloped areas or individual clients with genuine difficulties, law firms can reduce or suspend the fees for legal services, but shall not attract clients with fees that are significantly lower than the prescribed standard, unfair competition.
Article 17 of the annual income and expenditure of law firms must be audited by the accounting firms reported to the competent department of the same level of price and judicial administrative organs, to accept the price, the judicial and other departments of supervision and inspection.
Article 18 of the law firms have the following price violations, by the price
Management department according to law to investigate and deal with:
1. Not according to the prescribed standard fees;
2. Not according to the scope of the determination of the fees;
3. Self-explanatory charges;
4. Not in accordance with the provisions of the price label;
5. In the process of charging false fraud, coaxing the client;
6. Failure to truthfully provide the information required for price inspection;
7. Other violations of this approach to the price of illegal behavior.
Law firms have the following violations by the judicial administrative organs in accordance with the law to investigate and deal with:
1. Lawyers private fees;
2. Failure to report annual income and expenditure;
Law firms without suitable reasons, to significantly lower than the prescribed fees for competition and solicitation of business at a price, by the lawyers' association to investigate and deal with.
Article 19 of this approach by the provincial price bureau will be interpreted by the provincial department of justice.
Article 20 of the state lawyers service fees have new regulations, comply with its provisions.
Attachment: guangdong province, lawyer service charges
Guangdong province, lawyer service charges
A. Hourly fee
(a) scope of application: all the lawyer service matters
(2) charges: 2,0 0 0 - 3,0 0 0 yuan/hour
(3) up and down range
2. Piece rate
(1) Scope of application: all kinds of litigation, arbitration and case execution legal affairs
(2) Fees and charges:
1. Criminal:
(1) investigation stage: 2,0 0 0 0 - 5,0 0 0 0 yuan
(2) review and prosecution stage: 5,0 0 0 0 - 1,5 0 0 0 0 yuan
(3) fee rate: 2,0 0 0 - 5,0 0 0 0 / hour
(3) trial stage: 6 0 0 0 - 3 0 0 0 0 0 yuan
The charges for difficult, major and complex cases, group crime cases can be negotiated within the range of not more than 1.5 times the above standards.
Criminal private prosecution, acting as a victim's representative in accordance with the above standards.
2. Civil, commercial and administrative litigation:
(1) not involving property: 3,0 0 0 0 - 2,0 0 0 0 yuan
(2) involving property: on the basis of the basic fee of 1,0 0 0 0 - 8,0 0 0 0 yuan and then charged in accordance with the subject matter of the dispute in sections of the calculation of the proportional cumulative amount of:.
Under 50,000 yuan (including 50,000 yuan): no additional charge
50,000,000 yuan (including 10,000,000 yuan): 6%
1,000,000,000 yuan (including 5,000,000 yuan): 5%
5,000,000,000 yuan (including 1,000,000 yuan): 4%
1,000,000,000 yuan (including 5,000,000 yuan): 3%
5 O O million 10 0 0 million yuan (including 10 0 0 million yuan): 2%
1 00 0 million 50 0 0 million yuan (including 50 0 0 0 million yuan): 1%
5 0 0 million yuan or more: 0.5%
(c) up and down range: 20%
3. Explanation:
(1) the above fees and percentages Is to handle litigation cases a trial or
arbitration case fees. If the case has not been handled in the first instance but in the second instance, the fees shall be charged according to the standard of the first instance; if the case has been handled in the first instance and then in the second instance or if the case has been handled in the first or second instance and then in the case of remanding, applying for or determining the case for retrial, the fees shall be reduced by half according to the standard of the first instance; in the case of cases involving arbitration, if the case has been represented by an arbitration agent, the fees shall be reduced by half according to the standard of the arbitration in the first instance or the second instance stage of the proceedings.
Criminal collateral civil, the civil portion of which is charged at half the standard of the first trial.
(2) for civil and commercial cases involving property relations can also be adopted risk charges,
the maximum or total amount of risk charges shall not exceed 3 0% of the disputed interests.
Three, negotiated fees
(I) Scope of application.
In addition to litigation, arbitration, implementation of cases other types of non-litigation legal affairs
(ii) fees: the law firm and the client negotiation.