(1) Cases in which criminal suspects and defendants act as defenders, private prosecutors and victims' agents in criminal cases;
(2) Citizens request to pay labor remuneration and compensation for work-related injuries, alimony, maintenance, childcare, pensions and relief funds, and represent civil litigation and administrative litigation based on social insurance benefits or minimum living security, as well as group litigation cases involving public interests such as safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition;
(3) Cases in which citizens request state compensation. Article 4 In addition to the government-guided prices, the fees for lawyers' services shall be subject to market-regulated prices. A law firm shall, in accordance with the requirements of these Standards, comprehensively consider the operating cost, credit level, difficulty of legal affairs, lawyer's practice experience and the workload, risks and responsibilities that lawyers may undertake, formulate the charging guidelines (or measures) of this firm, and negotiate with clients on an equal footing according to the charging guidelines to reasonably determine the lawyer's service fee (attorney's fee). Chapter III Charging Methods Article 5 Lawyers shall charge fees by fixed fees, partial risk fees (partial fixed fees plus risk fees), total risk fees (total risk fees without fixed fees) or by time. Article 6 Where fees are fixed, lawyers' fees may be collected separately or in proportion to the amount of the subject matter. Piece-by-piece fees are applicable to lawyer services that do not involve property relations or involve property relations but do not need to be charged according to the target amount. Charge according to the proportion of the target amount is applicable to the lawyer services involving property relations, and the lawyer fees receivable are calculated step by step according to the proportion of the target amount. Article 7 In addition to serving as a legal consultant all the year round, the lawyer services with market-regulated prices may, in principle, charge part of the risk or full risk. Risk fee refers to the client's settlement and settlement of lawyer's fees and related expenses as agreed when the result of agency or handling legal affairs meets the payment conditions agreed by both parties. The specific payment terms shall be determined by the client and the law firm through consultation according to the difficulty of realizing the agency goal or handling legal affairs and the lawyer's work content. When representing litigation or arbitration cases involving property relations, the proportion of risk fee shall not be less than 5% of the disputed object and shall not be higher than 30% of the disputed object. Handling non-litigation business involving property relations and major, difficult and complicated litigation or arbitration cases recognized by both parties are not subject to this restriction. Article 8 The time-based charging method is applicable to all lawyer services with market-regulated prices. Hourly fee, the hourly rate of lawyers is 300 ~ 4000 yuan per hour, which is determined by the law firm according to the lawyer's practice years, qualifications and experience. According to the lawyer's hourly rate (hourly unit price) published by the law firm in advance, the client shall settle the account according to the effective working hours provided by the lawyer. Effective working hours refer to the actual time that lawyers directly spend on legal services, including legal search, discussion, consultation, document drafting, investigation and negotiation. The time for lawyers to represent or handle legal affairs on the way is halved, but the maximum time per day is no more than six hours. Two or more lawyers shall be charged separately for undertaking business. A law firm may require clients to pay a certain amount of attorney fees in advance. Article 9 Every trial stage (first instance, second instance, execution, appeal and retrial) is regarded as a trial stage when lawyers represent civil and administrative litigation cases. Cases of arbitration by proxy shall be counted as arbitral awards (excluding enforcement and application for non-enforcement of awards). Where the law firm and the client have separately agreed to continue agency or consolidated calculation, such agreement shall prevail. In the course of litigation or arbitration, if a lawyer represents this lawsuit or this request and also represents counterclaims or counterclaims, the expenses shall be increased separately, but the expenses shall be reduced according to the standard of representing a trial stage. Chapter IV Agency for Litigation Article 10 Agency for Civil Litigation
(1) 5,000 ~ 30,000 yuan each, and not less than 5,000 yuan each if property relations are not involved.
(two) involving property rights, according to the proportion of the amount of progressive billing:
Billing proportion of disputed bid amount
65,438+5% ~ 6% of the part below 10,000 yuan (not less than 5,000 yuan)
4% ~ 5% of 654.38+0.000 yuan to 654.38+0.000 yuan
1 10,000 yuan to 3% ~ 4% of 5 million yuan
5 million yuan to 6.5438+0 million yuan 2% ~ 3%
1100,000 yuan to 50 million yuan, 1% ~ 2%
0.5% ~ 1% for the part above 50 million yuan.
(three) whether to appeal, retrial or execution shall be determined according to the standard in item (two) of this article. If the same law firm continuously represents the same case at different trial stages, it can execute no more than 30%.