Notice of Hebei Lawyers Association on Printing and Distributing the Guiding Opinions on Lawyers' Service Fees in Hebei Province; Dingzhou Sub-branch and Xinji Sub-branch of the Provincial Lawyers Association: The Guiding Opinions on Charges for Lawyers' Services in Hebei Province was deliberated and passed at the 1 1 meeting of the Sixth Standing Council of the Provincial Lawyers Association on October 24th, and is now promulgated for implementation. Hebei lawyers association 20 16 1.26 Hebei lawyers' service charge guidance: Ji Law Association [2016] No.7 In order to guide law firms to charge fees reasonably and promote the healthy development of the lawyer industry in our province, according to the Price Law, The Lawyers Law and other laws and regulations and the Notice of the National Development and Reform Commission on Liberating Some Service Prices (the prices have been changed) I. Scope of implementing government-guided prices According to the requirements of the National Development and Reform Commission, the following lawyer service fees are subject to government-guided prices: 1, as defenders of criminal suspects and defendants, as well as agents 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, industrial injury compensation, alimony, maintenance, pension, relief fund, 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 behalf of citizens. The fees for lawyer services subject to government-guided prices shall be implemented in accordance with the charging standards formulated by the competent pricing department in conjunction with the judicial administrative department. Two. The scope, principles and methods of implementing market-regulated prices shall be determined by the law firm through consultation with the client for other lawyer service charges except those stipulated in the preceding article. A law firm should comprehensively consider factors such as service cost, credit level, difficulty of legal affairs, risks and responsibilities that lawyers may bear, adopt piecework fees, proportional fees, hourly fees, etc. according to different service contents, negotiate with clients on an equal footing, and reasonably determine the charging price of lawyer services. Piece-by-piece charging and proportional charging are adopted to represent a case in multiple litigation stages (including first-instance procedure, second-instance procedure, trial supervision procedure, execution procedure and arbitration procedure). From the second stage, the fee can be reduced or exempted as appropriate. Three, according to the guiding standards of piecework fees, for civil litigation cases that do not involve property relations (including cases in which incidental civil actions are only represented by civil parts), market-adjusted piecework fees can be implemented. The amount of each charge can be agreed within the range of 3000 yuan to 30000 yuan, and the specific price is determined by the law firm and the client through consultation. 4. For civil litigation cases (including cases in which incidental civil actions are only represented by civil parts) in which the market-regulated price is implemented according to the guiding standard of target fees, the amount of fees charged by agents at each litigation stage can be calculated in segments according to the following proportion of target fees: 8% for the following part of 6.5438+10,000 yuan (inclusive), and 3,000 yuan for the part less than 3,000 yuan; 6% will be charged for the bid amount between 6,543,800 yuan and 6,543,800 yuan (inclusive); 4% will be charged for the bid amount of 6,543,800 yuan to 6,543,800 yuan (inclusive); 2% will be charged for the part exceeding 6,543,800 yuan. V. The scope and charging guidelines of major, difficult and complicated civil litigation cases can be identified as major, difficult and complicated civil litigation cases under any of the following circumstances: 1 Cases of first instance tried by people's courts at or above the intermediate level; 2. Group litigation cases; 3 cases involving more than two legal relationships; 4, involving professional knowledge, need to hire non legal professional knowledge of the case; 5, foreign-related cases (including Hong Kong, Macao and Taiwan); 6 other major, difficult and complicated cases agreed by the law firm and the client through consultation. Major, difficult and complicated civil litigation of market-regulated prices can be charged within 5 times of the above-mentioned charging standards after consultation between the law firm and the client. The guiding standards for the charging of intransitive verbs in administrative litigation, arbitration and non-litigation services. The charging standards for administrative litigation cases, arbitration cases and non-litigation services with market-regulated prices shall be determined through consultation with reference to civil litigation cases. Seven. Guiding standards for time service charges For legal services with market-adjusted prices, time service charges can be negotiated. The time service fee can be agreed within the range of 500 yuan to 3,000 yuan per working hour. The specific price shall be determined through consultation between the law firm and the client. Eight. Risk agency fees guide market-regulated legal services, and law firms can implement risk agency fees. The amount of risk agency fees is agreed within the range of 65,438+00% to 30% of the target amount, and the specific proportion is determined by the law firm and the client through consultation. Nine. The amount of legal consultation fee can be determined according to the registered capital of the employer, the scale of the enterprise, the annual turnover, the amount of legal affairs and the degree of difficulty, and the annual amount of legal consultation fee can be agreed within 60,000 yuan to 600,000 yuan. State organs, institutions, social organizations and other non-operating units to hire legal counsel, can refer to the enterprise legal counsel fees negotiated. The fees for lawyers' services in this guidance do not include the fees charged by lawyers for administrative, judicial, appraisal, evaluation, auction, translation, notarization and other departments providing services, nor do they include the travel expenses paid by lawyers for providing services. The Hebei Lawyers Association is responsible for the interpretation of this guidance, and it will be implemented as of February 1 day, 2065438. Secretariat of Hebei Lawyers Association 2016 65438+1October 26th
Legal objectivity:
Article 3 of the Measures for the Administration of Lawyers' Service Fees
Lawyers' service charges follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 5
A law firm shall provide the following legal services according to law and implement government-guided prices:
(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.