For example, the charging standard of lawyer service in Shenyang (for Trial Implementation)
(2065438+deliberated and adopted by the Second Council of the Fifth Shenyang Lawyers Association on August 24th, 2005)
Article 1 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 city, according to the Lawyers Law of People's Republic of China (PRC), the Measures for the Administration of Lawyers' Service Fees of the Ministry of Justice, the Notice of the National Development and Reform Commission on Liberating Some Opinions on Service Prices, and relevant regulations, combined with the actual situation of our city, the charging standards of this industry are formulated.
Article 2 Where a law firm registered in Liaoning Province and established in Shenyang collects lawyers' service fees, these standards shall apply.
Article 3 Fees for lawyers' services refer to the service remuneration charged by law firms to their clients when they are entrusted to handle legal affairs.
A law firm shall not charge any fees other than the lawyer's service fee.
Article 4 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
In addition to the provisions of this standard, law firms may not charge lawyers' service fees lower than the minimum standards of government-guided prices and industry-guided prices.
Article 5 The fees for lawyer services shall be subject to market-regulated prices, and the specific amount and method of fees 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.
In violation of the minimum standard of this standard, the lawyers' fees shall be investigated and dealt with by Shenyang Lawyers Association and other departments according to laws, regulations and industry regulations.
Article 6 A law firm may, in accordance with these Standards and in combination with the actual situation of the firm, formulate standards and measures for charging legal services and report them to Shenyang 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 A law firm shall consider the following factors when negotiating fees for lawyer services with clients:
(a) of the estimated time required to provide legal services;
(two) the difficulty of legal affairs;
(3) The practice experience and professional level of the lawyer entrusted by the client;
(4) The lawyer's social reputation, professional title level and working level.
(5) The number of lawyers required to handle legal affairs;
(6) Risks and responsibilities that lawyers may bear;
(seven) other necessary expenses for handling legal affairs;
(eight) the value of the subject matter of the case;
(9) Customer affordability and local economic development.
Article 8 A lawyer's service fee may be fixed in term, piecework fee, proportional fee of bid amount, time fee, risk agency fee and negotiation fee. According to different service contents and different service methods, they can be used alone or in combination.
Article 9 Fixed fees refer to fees charged for providing daily legal services to clients such as government agencies, enterprises, institutions and individuals within a certain period of time.
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 agency, witness, project 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 with the amount of the subject matter of the case dispute, the amount of the subject matter of the dispute involved or the transaction amount as the charging base. 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 The term "hourly fee" refers to that when a law firm provides legal services, it collects the lawyer's service fee from the client through consultation according to the effective working hours. Time charge can be applied to all kinds of legal affairs. If charging by time is adopted, the law firm must issue a list of time work to the client after closing the case.
Article 13 Risk agency fee refers to the fact that when a law firm accepts an entrustment, it only charges the basic fee, and other service remuneration is agreed in advance by the law firm and the client on the objectives and effects to be achieved in the entrusted matters, as well as the time, proportion, conditions and methods of paying the lawyer's service fee. If it meets the agreed conditions, it shall pay the fees according to the agreed conditions; If the agreed goal or effect cannot be achieved, no more fees will be paid.
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 proportional payment time that both parties should bear.
Article 14 Risk agency fees shall not be charged 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;
(3) Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(four) cases of requesting payment of labor remuneration.
(five) safety accidents, environmental pollution, land acquisition and demolition compensation (compensation) and other state compensation cases and group litigation cases involving public interests.
Article 15 Consultation fee refers to the fee charged by a law firm for providing consulting services to clients on various legal matters with the consent of the clients.
Article 16 A law firm shall clearly stipulate the service content, service object, charging items, charging methods, charging standards, charging amounts, payment and settlement methods, time limit, conditions and dispute settlement methods in the agency contracts of both parties.
Article 17 If the entrustment relationship is terminated due to the fault of the lawyer or without justifiable reasons, or if the entrustment relationship is terminated due to the fault of the client or without justifiable reasons, the refund and compensation of relevant expenses shall be handled in accordance with the agreement of both parties and relevant laws and regulations.
Article 18 Lawyers' fees, arbitration fees, appraisal fees, notarization fees, travel expenses, investigation and evidence collection fees paid by law firms on behalf of clients in the process of providing legal services are not lawyers' fees, and should be paid separately by clients. Unless otherwise agreed by both parties.
Article 19 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 20 Law firms may, at their discretion, reduce or exempt lawyers' service fees for citizens who do have financial difficulties but do not meet the scope of legal aid.
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.
Twenty-first law firms shall accept the supervision and inspection of the judicial administrative department and the lawyers' association when collecting lawyers' service fees.
Twenty-second disputes arising from lawyer service fees, law firms should negotiate with clients to solve. 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 catalogue of government-guided prices for lawyers' service charges shall be implemented according to the following standards:
(1) Being the defender of criminal suspects and defendants in criminal cases, the private prosecutor and the agent of victims in criminal cases.
1. Provide legal advice to criminal suspects, and the benchmark fee is 300 yuan/time;
Meeting with the criminal suspect detained by the investigation organ and providing legal consulting services shall be conducted in accordance with 50% of the provisions of the investigation stage of this standard.
2. Acting as an agent for complaints and accusations, with a benchmark fee of 8,000 yuan/piece;
3, as the defendant's defender or private prosecutor, the victim's agent ad litem (refers to the criminal part) of the benchmark fee:
(1) 8000 yuan/piece in the investigation stage (including applying for bail pending trial);
(2) 8,000 yuan/piece in the review and prosecution stage;
(3) The trial (first trial) stage is 8000 yuan/piece. If the first and second trials are handled, the second trial will be reduced according to the first trial standard;
4. For handling major, complicated and difficult criminal cases or because of high difficulty and large geographical span, the specific charging standard can be determined within the range of not higher than the benchmark price 10.
The client and the lawyer can negotiate a 50% increase under the above-mentioned charging standard.
(2) Acting as an agent for citizens to request payment of alimony, alimony, alimony, pension, relief fund, social insurance and minimum living security.
The benchmark charging standard is 500 yuan/piece, with no more than 50% floating or falling.
(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.
1, involving the part of the disputed subject matter below RMB 654.38+10,000 yuan (including RMB 654.38+10,000 yuan), the charging standard is 7% of the disputed subject matter, and the charging amount for each piece is less than RMB 3,000 yuan;
2. If the subject matter involved in the dispute is 6,543,800 yuan to 500,000 yuan (including 500,000 yuan), the charging standard is 6% of the subject matter in dispute;
3. If the disputed subject matter is between 500,000 yuan and 6,543,800 yuan (including 6,543,800 yuan), the charging standard shall be 4% of the disputed subject matter;
4. If the subject matter involved in the dispute is 6,543,800 yuan to 5 million yuan (including 5 million yuan), the charging standard is 3% of the subject matter in dispute;
5. If the disputed object is between 5 million yuan and 6.5438+million yuan (including 6.5438+million yuan), the charging standard shall not exceed 2% of the disputed object;
6. The part of the subject matter in dispute that exceeds 6,543,800 yuan shall be determined by both parties through consultation, and the maximum amount shall not exceed 0.5%.
Twenty-fourth law firms use the industry-guided legal service directory to collect legal service fees, which can refer to the following standards:
(1) Acting as an agent in civil litigation cases
1. If the property right relationship is not involved, the benchmark charging standard is 20,000 yuan/piece, and the maximum floating range does not exceed 100%.
2, involving property relations, according to the amount of litigation (dispute), according to the proportion of cumulative charges:
(1) The charging rate for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 10%, and each part less than 5,000 yuan is charged at 5,000 yuan;
(2) 8% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) The portion from 500,000 yuan to1000,000 yuan (including 6,543,800 yuan+0,000 yuan) is 6%;
(4) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 3%;
(6) 65438+ RMB10.5% of the 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 in various litigation cases.
The charging standards for incidental civil actions and appeals in various litigation cases shall be implemented with reference to the charging standards for civil cases and criminal cases.
(4) Acting as an agent to execute cases.
1. If the case is executed alone, the lawyer's fee shall be charged according to the amount of the execution target and the standard of first instance;
2. To undertake cases of first instance and second instance, the lawyer's fees may be appropriately reduced.
(5) Legal consultation
1, 100 per hour -500 yuan, where less than one hour is counted as one hour;
2. Legal affairs documents substitute books; Property relationship is not involved, and the charge per piece is 200-800 yuan. Involving property relations, the charging standard is 0.7% of the property subject matter, and the minimum charging standard is 200 yuan.
3. Foreign-related cases: For foreign-related cases (including those involving Hong Kong, Macao and Taiwan), the lawyer's fees can be charged at twice the above fees and not less than 20,000 yuan.
(6) Non-litigation business expenses
The charging standard of non-litigation business is generally piecework or on time: the charging standard of piecework can refer to the charging standard of civil litigation cases, and the floating charge shall not exceed100% on this basis; The standard for charging on time is 500 yuan -2000 yuan/hour.
Charges involving the following non-litigation businesses shall be charged according to the following standards:
1, credit investigation, consultation proposal, legal proposal, lawyer's opinion and lawyer's witness.
(1) If the property right relationship is not involved, the charge for each piece shall not be less than 3,000 yuan;
(2) involving property relations, need the lawyer's opinion, with reference to the implementation of civil case fees;
(3) Credit investigation, consultation and lawyer's witness are charged at 2.5% of the subject matter of the property, but the minimum is not less than 4,000 yuan;
2. Review, draft and modify contracts and articles of association, and participate in project negotiation.
(1) Charge according to the subject matter of the contract, but each item (time) shall not be less than 4,000 yuan.
(2) Charge legal fees (accumulated fees) according to the proportion of the subject matter of the contract:
65438+4000 yuan;
65438+ 10,000-500,000 yuan is; 3%;
500,000-6,543.8+0,000 yuan; 2.7%;
1 10,000-5 million yuan is; 2.4%;
5 million-6.5438+million yuan; 2. 1%;
100000-50 million yuan; 0.9%;
50 million yuan-65.438 billion yuan; 0.5%;
1 100 million yuan or more; 0.2%;
3. Corporate restructuring
Charge the lawyer's fee (accumulated fee) according to the following proportion of the amount involved:
1 ten thousand yuan; 100000 yuan;
6.5438+0 million yuan-5 million yuan; 5%;
5 million yuan-6.5438+million yuan; 3%;
100000 yuan-50 million yuan; 2%;
50 million yuan-65.438 billion yuan; 0.9%;
1 100 million yuan or more; 0.2%;
4. Equity transfer, stock listing, and participation in bankruptcy procedures shall be implemented with reference to the charging standards for company restructuring.
5. The lawyer's fee for special legal services of real estate projects is 0.9%- 1.5% of the total project investment.
(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.
Twenty-fifth major, difficult and complicated cases can be negotiated with the parties to increase the fees, which should generally be determined within 5 times of the fees.
(1) The following criminal cases can generally be identified as major and complicated cases:
1. The defendant was charged with two or more crimes;
2. Two or more people are guilty of the same crime;
3. Group crime;
4, the number of crimes more than three times;
5. large quantity;
6 other major, difficult and complicated cases;
(2) 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.
Article 26 The Standing Council of Shenyang Lawyers Association shall be responsible for the interpretation of these Standards.
This charging standard has been tried out since 2065438+2005.
Attachment: Some fast calculation methods in this standard.
1, Article 23 (3) Fast calculation method (inclusive)
Less than 42,900 yuan
The charge is 3000 yuan
Below 65438+ 10,000 yuan
Bid amount ×7%
Less than 500 thousand yuan
Bid amount ×6%+65438+ ten thousand yuan
1100,000 yuan or less
Bid amount ×4%+ 1 1000 yuan.
Less than 5 million yuan
Bid amount × 3%+265,438+ten thousand yuan.
/kloc-less than 0/00000 yuan
Bid amount ×2%+765438+ ten thousand yuan.
10 million yuan or more
Bid amount ×0.5%+20 1.2 million yuan.
2. Article 24 (1) 2 Fast calculation method (inclusive)
Less than 50,000 yuan
Charge 5000 yuan
Below 65438+ 10,000 yuan
Bid amount × 10%
Less than 500 thousand yuan
Bid amount ×8%+2000 yuan
1100,000 yuan or less
Bid amount ×6%+ 12000 yuan
Less than 5 million yuan
Bid amount × 5%+22,000 yuan
/kloc-less than 0/00000 yuan
Bid amount × 3%+122,000 yuan
10 million yuan or more
Bid amount ×1.5%+272,000 yuan
3. Article 24 (6) 2(2) Fast calculation method (inclusive)
Below 65438+ 10,000 yuan
Four thousand yuan
Less than 500 thousand yuan
Bid amount × 3%+4,000 yuan
1100,000 yuan or less
Bid amount × 2.7%+5,200 yuan
Less than 5 million yuan
Bid amount × 2.4%+7,900 yuan
/kloc-less than 0/00000 yuan
Bid amount × 2.1%+22,600 yuan
Less than 50 million yuan
Bid amount × 0.9%+158,000 yuan
1 100 million yuan or less
Bid amount × 0.5%+360,000 yuan
Exceeding 1 100 million yuan
Bid amount × 0.2%+650,700 yuan
4. Article 24 (6) 3 Quick calculation method (inclusive)
1100,000 yuan or less
100000 yuan
Less than 5 million yuan
Bid amount ×5%+ 100000 yuan
/kloc-less than 0/00000 yuan
Bid amount ×3%+ 180000 yuan
Less than 50 million yuan
Bid amount × 2%+270,000 yuan
1 100 million yuan or less
Bid amount × 0.9%+809,000 yuan
Exceeding 1 100 million yuan
Bid amount × 0.2%+1402,000 yuan