In order to further standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of the lawyer service industry, according to the Price Law of People's Republic of China (PRC), the Lawyer Law of People's Republic of China (PRC) and the regulations of Fujian Provincial Price Bureau,
The Fujian Provincial Department of Justice issued the Measures for the Administration of Lawyers' Service Charges in Fujian Province (Fu [20 16]No.1KLOC-0/No.,hereinafter referred to as the Measures) and other relevant provisions. The relevant issues concerning re-regulating some lawyers' service charges in our province are hereby notified as follows:
First, our province's lawyer service charges are subject to market-regulated prices, supplemented by government-guided prices. The scope of lawyer service fees included in the government-guided price management shall be implemented in accordance with the relevant provisions of Article 5 of the Measures. See the specific expenses.
Two, the law firm should be based on the "annual inspection and assessment of law firms" (Ministry of Justice DecreeNo. 10. 12 1) and "Fujian Provincial Price Bureau"
According to the relevant provisions of the Notice of Fujian Provincial Economic and Information Technology Commission on Cancelling the Service Charge Voucher System and Strengthening the Post-event Supervision (Fujian Jiafu [20 1 5]18), a report on the practice of the previous year's charge management of our firm is submitted to the local judicial administrative department before April1every year as the relevant annual inspection and assessment.
Three, the law firm shall strictly implement the price tag system, publicity fees, service content, charging standards, charging basis, 12358 price supervision complaints telephone, etc. In accordance with the provisions, the charging place shall be prominently located, and the sunshine charging shall be implemented, and social supervision shall be consciously accepted.
Four. This notice shall be implemented as of1June 8+1 year1October. Fujian provincial bureau of commodity price
The Notice of the Department of Justice of Fujian Province on Approving the Charge Standard for Lawyers' Services in Fujian Province (Fu [20 14]No.1KLOC-0/) shall be abolished at the same time as of the effective date of this notice.
Measures for the Administration of Government-guided Prices for Lawyers' Service Charges in Fujian Province
First, the piece rate and the charging standard are determined according to the proportion of the target amount.
(1) Fees for criminal cases.
1. Defenders of criminal suspects and defendants in criminal cases:
(1) investigation stage: the charge for each piece is 1000— 10000 yuan;
(2) Review and prosecution stage: the charge per piece is 1000- 12000 yuan;
(3) Trial period: the charge per piece is1500-23,000 yuan.
2. As a private prosecutor in a criminal case, the victim's agent ad litem:
(1) as the agent of the private prosecutor: the charge per piece is1500-22,000 yuan;
(2) Acting as the victim's agent: the charge per piece is1200-22,000 yuan.
3. The incidental civil litigation part of the case shall be charged separately according to the charging standards for civil cases.
(2) Fees for some civil and administrative litigation cases.
Representing citizens in civil and administrative litigation cases requesting payment of labor remuneration, industrial injury compensation, alimony, maintenance, pension, relief fund, social insurance or minimum living allowance; As well as group litigation cases involving public interests, such as safety accidents, environmental pollution, compensation for land acquisition and demolition (compensation), etc., lawyers serve the government to guide the management of fees, and the specific charging standards are as follows:
Except for civil litigation cases involving "alimony", it does not involve property relations or
If the amount of the subject matter of the property is less than 6,543,800 yuan (including 6,543,800 yuan), each item is 8-6,000 yuan; If the amount of the subject matter of the property exceeds 654.38+10,000 yuan, an additional fee will be charged according to the following proportion:
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan) does not exceed 4%;
500,000 yuan to 6,543.8+0,000 yuan (including 6,543.8+0,000 yuan) does not exceed 3%;
1 10,000 yuan to 5 million yuan (including 5 million yuan) does not exceed 2%;
5 million yuan to 6,543,800,000 yuan (including 6,543,800,000 yuan), the part not exceeding100,000 yuan to 50,000,000 yuan (including 50,000,000 yuan) and the part not exceeding 10000 yuan shall be entrusted by the law firm according to the proportion that the target amount does not exceed the above-mentioned sub-charges.
In civil litigation cases involving "alimony", the lawyer's service fee is 50-70% of the above-mentioned civil and administrative litigation cases.
(3) the charging standards for cases in which citizens claim state compensation on behalf of citizens
Each piece does not exceed 10000 yuan.
(4) The expenses for the second trial or retrial of the above-mentioned cases.
Those who directly represent the second instance or retrial of the above cases shall be charged according to the above standards. If you have represented the first instance and continue to represent the second instance or retrial, you may reduce the lawyer's service fee as appropriate.
(5) Fees for major, difficult and complicated cases.
For major, difficult and complicated cases, the law firm may negotiate with the client to appropriately raise the charging standard, but the maximum shall not exceed 5 times of the above-mentioned highest standard.
Second, the time charging standard
(1) charging standard:100-2,400 yuan/hour.
(2) The billing time is in hours, and the part less than 1 hour is calculated as 1 hour. If there are more than two lawyers, they shall be calculated separately according to their respective charging standards and actual working hours.
(three) when lawyers handle legal affairs in this city, the time on the way is halved according to the accumulated actual time. The time for lawyers to handle cases by car, boat or plane in different places and the necessary stay time are halved, but the maximum time is 4 hours every day and night.