Municipal Development and Reform Commissions, Judicial Bureaus and Provincial Law Firms: In order to implement the spirit of the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry, According to People's Republic of China (PRC) Price Law, People's Republic of China (PRC) Lawyers Law, Notice of National Development and Reform Commission on Liberalizing Some Service Prices (Development and Reform Price [2014] No.2755) and Shanxi Pricing Catalogue (20 15 Edition), The relevant matters of improving the management of lawyers' service fees in our province are hereby notified as follows: 1. Law firms established according to law should provide legal services for clients, facilitate the people and benefit the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients, and their fees should follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Two, the lawyer service charges to implement market-adjusted prices, supplemented by government guidance. The fees charged by law firms for providing the following legal services according to law shall be subject to government guidance. (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 and maintenance, pensions and relief funds, 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 for land acquisition and demolition (compensation); (3) Cases in which citizens claim state compensation on their behalf. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices, which shall be determined through consultation between law firms and clients. Three, the lawyer service charges to implement the government guidance price is as follows. The specific charging standard shall be determined through consultation between the law firm and the client within the range and proportion of the guiding price charging standard. (1) hourly fee 1. Scope of application: It is applicable to all lawyer services with government-guided prices. 2. Charging standard: 200-3000 yuan/hour. (2) Piece rate 1. Scope of application: generally applicable to legal affairs that do not involve property relations. 2. Charge standard: (1) Criminal case: ① Investigation stage: 2000-20000 yuan; ② Review and prosecution stage: 2,000-20,000 yuan; ③ Trial period: 3,500-35,000 yuan; Those who represent victims in criminal cases of private prosecution or public prosecution shall be charged according to the above standards. (2) Civil and administrative litigation cases: 2,000-20,000 yuan. (3) Charge 1 in proportion to the bid amount. Scope of application: applicable to legal affairs involving property relations and representing state compensation cases. 2. Charge standard: Charge is calculated according to the disputed amount. The charging standard of the disputed bid is below 6,543,800 yuan (inclusive), 6% 6,543,800 yuan (exclusive)-500,000 yuan (inclusive), 5% 500,000 yuan (exclusive)-6,543,800 yuan (inclusive) and 4% 6,543,800 yuan (inclusive). ) part 2%100000 yuan (excluding)-50 million yuan (excluding) part1.5% 50 million yuan (excluding) part 1% disputed bid amount is less than100000 yuan, and the cost is less than 2000 yuan. Four, the above is the trial level (stage) litigation fees. Civil and administrative litigation cases are divided into first instance, second instance, trial supervision, execution and other trial levels (stages); After entering the trial stage, criminal litigation cases are divided into trial levels (stages) such as first instance, second instance, death penalty review, trial supervision and appeal. If there are more than two trial levels (stages), each trial level (stage) can be charged at half the standard of the first trial level (stage) from the second trial level (stage). Five, criminal incidental civil litigation cases, in addition to handling criminal cases, the civil part of the charges can be charged in accordance with the standards for handling civil cases. Six, according to the provisions of the risk agency fee, the risk agency fee shall not be higher than 30% of the contract amount. Seven, for major, difficult and complicated cases, the charging standard can be higher than the prescribed standard, but the maximum shall not exceed five times the prescribed standard. Major, difficult and complicated cases refer to: (1) cases of first instance accepted by people's courts at or above the intermediate level; (two) litigation cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security and judicial administrative organs; (three) cases that have aroused widespread concern in society and have great social impact; (4) New types of cases; (five) cases involving Hong Kong, Macao and Taiwan or foreign-related cases with great social influence; (six) the case handling organ decides that other professionals are needed to participate in the case, except that the client pays professional fees; (seven) cases involving more than three legal relationships; (eight) cases handled in different places or with heavy workload; (nine) other important, difficult and complicated cases determined by the law firm and the client through consultation. Eight, the implementation of financial aid law firms and poverty-stricken county law firms can be reduced by 30% in accordance with the provisions of the standard. Nine, the law firm accepts the entrustment, it shall sign a lawyer service fee contract with the client or specify the terms of the fee in the agency contract. The charging contract or charging terms shall include charging items, charging standards, charging methods, charging amount or proportion, payment and settlement methods, dispute settlement methods, etc. In the implementation of risk agency fees, the fee contract or clause shall include the contents specified in the preceding paragraph, and shall also stipulate the risk responsibilities that both parties shall bear. Ten, the lawyer's fees, arbitration fees, appraisal fees, notary fees paid by the law firm in the process of providing legal services to the client, do not belong to the lawyer's service fees, should be paid by the client. Eleven, lawyer service fees, fees paid on behalf of the client and travel expenses for handling cases in different places shall be uniformly charged by the law firm. Without permission, a lawyer may not charge any fees to the client. Twelve, the law firm shall accept the assignment to undertake legal aid cases, and shall not charge the recipient any fees for handling legal aid cases. For citizens who do not meet the conditions of legal aid, but do have financial difficulties, the law firm may, as appropriate, reduce the lawyer service fee. Thirteen, a law firm to provide legal services in different places, can implement the provisions of the law firm or provide legal services, the specific measures shall be determined by the law firm and the client through consultation. Fourteen, because of a dispute over the lawyer's service fee, the law firm shall negotiate with the client. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department and the competent price department where the law firm is located for mediation, or apply for arbitration or bring a lawsuit to the people's court. 15. Law firms should strictly implement the provisions of the clearly marked price system, publicize information such as the charging items, charging standards and the scope of fee reduction and exemption of lawyer services in a prominent position, and widely accept social supervision. Sixteen, the price departments at all levels should strengthen the supervision and inspection of law firm fees. Judicial administrative departments at all levels should strengthen supervision and inspection of law firms and lawyers' legal service activities. This notice shall be implemented as of April 1 day, 2065438. Notice of the Provincial Price Bureau and the Provincial Department of Justice on Printing and Distributing the Implementation Measures for the Management of Lawyers' Service Fees in Shanxi Province (Fu Zi [2006] No.325), Notice on Formulating Lawyers' Service Fees (Fu Zi [2065438+03] No.388) and Notice on Narrowing the Government Pricing Range of Lawyers' Service Fees (Fu Zi [2006])
Legal objectivity:
Measures for the Administration of Lawyers' Fees (1) Article 4 The fees for lawyers' services shall be subject to government-guided prices and market-regulated prices. (2) Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price: (1) Acting as an agent in civil litigation cases; (2) Acting as an agent in administrative litigation cases; (3) Acting as an agent for state compensation cases; (four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim; (5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.