Notice of the charging standard for lawyer services
Municipalities, counties (cities, districts) Price Bureau and Judicial Bureau:
In order to regulate the charging behavior of lawyers' services and safeguard the legitimate rights and interests of clients and law firms, according to the National Development and Reform Commission and the Ministry of Justice "on printing and distributing
First, the fees charged by lawyers are subject to government guidance and market adjustment. Law firms accept civil litigation, administrative litigation and state compensation cases, provide legal advice to criminal suspects, represent complaints and accusations, apply for bail pending trial, act as defendants' defenders or private prosecutors, represent victims' litigation agents, and represent complaints in various litigation cases. Charges are subject to government-guided prices. See the annex for specific charging standards. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. A law firm may, according to the local economic and social development, the difficulty of the case, the lawyer's social reputation, service ability, possible risks and responsibilities and the client's ability to pay, negotiate with the client to determine the specific amount of fees within the prescribed scope.
Two, the fees in the annex, for the trial stage of litigation fees. If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If the same law firm has represented the previous stage, the charging standard for litigation agency from the latter stage shall not be higher than 70% of the charging standard of the previous stage.
Acting as an agent for all kinds of litigation cases shall be carried out in accordance with the charging standards for litigation cases of first instance. The civil litigation part of criminal incidental civil litigation cases shall be charged according to the standards of civil litigation cases. The cost of counterclaim can be determined through consultation with the client according to the cost of this case.
Civil litigation, administrative litigation and state compensation cases involving both property relations and non-property relations can be calculated according to the higher.
Three, major, difficult and complicated cases, the law firm shall negotiate with the client to determine the specific fees within the range of not more than 5 times the upper limit of the standard. The identification standards and related measures for major, difficult and complicated cases shall be formulated separately by the Provincial Lawyers Association and reported to the Provincial Price Bureau and the Provincial Department of Justice for the record.
Four, domestic litigation cases involving foreign or Hong Kong, Macao and Taiwan legal affairs, the law firm shall consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to handle similar legal affairs, and negotiate with the client to determine the amount of fees.
Five, law firms can also charge time fees. Billing working hours are the effective working hours for lawyers to handle legal affairs, including the time for accepting legal advice from clients, understanding the case from clients, investigating and collecting evidence, consulting case files, drafting litigation documents and legal documents, meeting criminal suspects and defendants, responding in court, participating in mediation and negotiation, handling various formalities and handling other related legal affairs.
If there are more than two lawyers, they shall be calculated separately according to their respective charging standards and actual working hours.
The specific standards for hourly charges shall be formulated separately by the Provincial Lawyers Association and reported to the Provincial Price Bureau and the Provincial Department of Justice for the record.
6. When accepting entrustment, a law firm shall sign an agency contract with the client, stipulate the charging terms, and specify the charging items, standards, methods, amounts, payment and settlement methods.
Seven, the law firm shall, in accordance with the relevant provisions of the state, clearly mark the price, and publish it in a prominent position and provide written materials to the client. Publicize information such as management measures and charging standards for lawyers' service fees and accept social supervision.
VIII. This notice shall be implemented as of August/0/20 1 year.
attachment
Zhejiang province lawyer service charge standard
I. Acting as an agent in criminal cases
Investigation stage: 1500-8000 yuan/piece
Review and prosecution stage: 1500- 10000 yuan/piece.
Trial stage of first instance: 2500-25000 yuan/piece
Those who represent criminal private prosecution cases or act as victims' agents may reduce their fees according to the above standards.
Second, representing civil litigation cases.
(1) Civil litigation cases not involving property relations: 2500- 10000 yuan/piece.
(two) civil litigation cases involving property relations, according to the amount of litigation, according to the following proportion of cumulative charges:
Less than 65438+ ten thousand yuan (including 65438+ ten thousand yuan): 6-8%. If the fee is less than 2500 yuan, it can be charged at 2500 yuan.
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan): 5-6%
More than 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan): 4-5%
1 10,000 yuan to 5 million yuan (including 5 million yuan): 3-4%
More than 5 million yuan to 6,543,800,000 yuan (including 6,543,800,000 yuan): 2-3%
/kloc-more than 0/00000 yuan: 1-2%
Three. Acting as an agent in administrative litigation and state compensation cases
(1) Administrative litigation and state compensation cases not involving property relations: 2500- 10000 yuan/piece.
(2) Administrative litigation and state compensation cases involving property relations shall be charged according to the charging standard for civil litigation cases involving property relations.