Shandong lawyer service charge standard (latest government guidance price)
Shandong province implements the government-guided lawyer service charging standard.
Shandong Provincial Bureau of Commodity Price Shandong Provincial Department of Justice
Notice on printing and distributing the Measures for the Administration of Lawyers' Service Fees in Shandong Province and the Standards for Lawyers' Service Fees Guided by the Government of Shandong Province
Lu Jia Fei Fa 20 17 No.70
Municipal price bureaus and judicial bureaus:
The measures for the administration of lawyers' service charges in Shandong Province and the standards for the implementation of lawyers' service charges guided by the government of Shandong Province are hereby printed and distributed to you, please implement them carefully.
Grass-roots legal services shall be implemented with reference to the charging standards for lawyer services.
Shandong Provincial Bureau of Commodity Price Shandong Provincial Department of Justice
August 7, 1965 438+07
Measures of Shandong Province on the Administration of Lawyers' Service Fees
Article 1 These Measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and other relevant laws and regulations in order to regulate the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients, lawyers and law firms, and promote the healthy development of the lawyer service industry.
Article 2 These Measures shall apply to the charging behavior of law firms, branches of foreign law firms and lawyers who are allowed to practice within the administrative area of Shandong Province.
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Article 4 The fees for lawyers' services are mainly regulated by the market, which shall be determined by the law firm through consultation with the clients.
Article 5 Law firms provide the following legal services at government-guided prices, and the charging standards shall be formulated by the competent price department of the provincial people's government in conjunction with the judicial administrative department at the same level:
(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, maintenance, pension and relief, 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 (compensation) for land acquisition and demolition;
(3) Cases in which citizens claim state compensation on their behalf.
Article 6 When a law firm negotiates with its clients to determine the charging standards for lawyer services, it shall consider the following factors:
Working hours spent;
(two) the difficulty of legal affairs;
(three) the risks and responsibilities that law firms and lawyers may bear;
(four) the social reputation, service mode and working level of law firms and lawyers.
Article 7 According to different service contents, lawyers' service fees can be charged by piece, by the proportion of bid amount, by time and by risk agency.
Risk agency fee refers to the way that a law firm collects a certain amount or proportion of service remuneration according to the results of legal affairs or the interests obtained by clients.
Article 8 No risk agency fee shall be charged for the lawyer service fees subject to the government-guided price.
There is no risk agency fee for appeal cases, marriage cases and inheritance cases.
Article 9 When accepting entrustment, a law firm shall sign a contract for charging lawyers' services with the client or specify the charging terms in the entrustment 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.
Where the risk agency charges are implemented, the charging contract or charging terms shall not only include the contents specified in the preceding paragraph, but also stipulate the risk responsibilities and settlement time that both parties should bear.
Article 10 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, it shall be agreed with the client through consultation and confirmed in writing.
Article 11 Legal fees, arbitration fees, appraisal fees, notarization fees, evaluation fees, auction fees, translation fees, etc. The expenses incurred by a law firm in the process of providing legal services are not lawyer service fees, and should be paid to a third party separately by the client.
Article 12 If a law firm needs to receive travel expenses in advance for handling cases, it shall provide the client with an estimate of the expenses, which shall be signed by both parties after consultation. If it is really necessary to change the cost estimate, it shall be approved by the law firm and the client in advance and confirmed in writing.
Article 13 Lawyers' service fees and travel expenses for handling cases shall be uniformly collected by law firms, and lawyers shall not collect any fees from clients without permission. When a law firm collects lawyer's service fees and handling travel expenses from its clients, it shall issue legal bills, travel expenses lists and valid vouchers to the clients. If it cannot be issued, the customer may not pay.
In addition to the two fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Article 14 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases.
For citizens who meet the conditions of legal aid in this province, law firms shall help them apply for legal aid; For citizens who do not meet the conditions of legal aid in this province, but do have financial difficulties, the law firm may reduce the lawyer service fee as appropriate.
Fifteenth law firms to set up branches in different places, should implement the provisions of the location of the branch fees.
Article 16 Where a law firm provides legal services in different places, it may implement the charging regulations of the place where the law firm is located or where the legal services are provided, and the specific measures shall be determined by the law firm and the client through consultation.
Article 17 If the principal-agent relationship is terminated for any reason, the refund and compensation of relevant expenses shall be handled in accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC).
Article 18 Where there is a dispute over the fees for lawyers' services, the law firm shall settle it through consultation with the clients. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department or 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.
Article 19 Law firms shall strictly implement the system of clearly marked prices, publicize the charging items, charging standards, charging document basis, complaint telephone numbers and other information of lawyer services in prominent positions such as offices and websites, and accept social supervision.
Twentieth price departments at all levels should strengthen the supervision and inspection of the charging behavior of law firms.
If a law firm commits one of the following price violations, it shall be given administrative punishment by the competent price department in accordance with the People's Republic of China (PRC) Price Law and the Provisions on Administrative Punishment of Price Violations and other relevant laws and regulations:
(1) Failing to publicize the charging items, charging standards and charging documents of lawyers' services as required;
(two) the implementation of the government guidance price in advance or later;
(3) Charging fees beyond the floating range of government-guided prices;
(four) through the decomposition of fees, repeated fees, expand the scope of fees and other ways to raise the government guidance price in disguise;
(five) there are unfair price behaviors such as price fraud;
(6) Other price violations.
Twenty-first judicial administrative departments at all levels should strengthen the supervision and inspection of law firms and lawyers' legal service activities.
Law firms and lawyers who commit one of the following illegal acts shall be given administrative punishment by the judicial administrative department in accordance with the People's Republic of China (PRC) Lawyers Law, the Measures for Punishment of Illegal Acts of Lawyers and Law Firms and other relevant laws and regulations:
(a) in violation of the provisions of the law firm to accept the entrustment, signed a written entrustment contract or fee contract;
(two) the law firm collects lawyer service fees and handling travel expenses in violation of regulations;
(3) Failing to provide the estimated expenses for handling travel expenses to the client in advance, issue legal bills for charging lawyer services, and submit valid vouchers for handling travel expenses to the client;
(four) in violation of the provisions of the law firm's unified custody and use of special bills, financial bills and business files for lawyer services;
(five) other acts that violate the practice discipline and professional ethics of lawyers.
Twenty-second approach by the Provincial Price Bureau, the Provincial Department of justice is responsible for the interpretation of.
Article 23 These Measures shall be implemented as of August 5, 2065438 and shall be valid until May 36, 2022.
Shandong province implements the government-guided lawyer service charging standard.
1. Defender of criminal suspects and defendants in criminal cases, and agent of private prosecutors and victims in criminal cases.
(1) investigation stage: 1500- 10000 yuan/piece;
(2) Review and prosecution stage: 2000- 15000 yuan/piece;
If the victim files a criminal incidental civil action case, it shall be implemented according to the government-guided price charging standard for civil action cases involving property relations;
(3) Trial stage: the defendant is 2500-25000 yuan/piece, and the private prosecutor or the victim's agent ad litem can reduce it as appropriate;
If the victim files a criminal incidental civil action case, it shall be implemented according to the government-guided price charging standard for civil action cases involving property relations;
(4) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, they may be prosecuted according to the crimes or criminal facts involved.
2. Acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration, industrial injury compensation, alimony, maintenance, pension and relief, 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).
Does not involve property rights, 2500- 12000 yuan/piece; If the property relationship is involved, the basic service fee for each piece is 2,500-3,000 yuan, and if the amount of the subject matter of the litigation (dispute) property exceeds 1 10,000 yuan, it shall be calculated according to the following ratio:
1 ten thousand yuan (excluding)-1 ten thousand yuan (including) is 6%-9%;
5%-6% of 65438+100,000-500,000 yuan (inclusive);
500,000-6,543.8+0,000 yuan (inclusive) is 4%-5%;
1 10,000-5 million yuan (inclusive) is 3%-4%;
If it exceeds 5 million yuan, it shall be determined through consultation between the law firm and the client.
Three. Cases of claiming state compensation on behalf of citizens: 2500- 10000 yuan/piece.
Four, the agent of the above litigation cases, also applicable to the time charge, the charge standard is 150-3000 yuan/hour, less than one hour is counted as one hour; The time spent on legal affairs during the trip is halved.
Five, legal affairs are particularly important, difficult and complicated, can be determined by the law firm and the client within 5 times (including 5 times) of the upper limit of the government guidance price.
Under any of the following circumstances, it can be considered as a major, difficult and complicated litigation case: 1. Cases of first instance tried by people's courts at or above the intermediate level; 2. Group litigation cases or criminal cases with the same crime; 3. Cases involving more than three kinds of legal relations and more than three charges, or cases in which the facts of the same case are particularly complicated and the amount of evidence is huge; 4 cases involving professional knowledge that need to be handled by non-legal professionals; 5 foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) or cases with significant social impact; 6 other major, difficult and complicated cases approved by the law firm and the client through consultation.
If the criminal suspect and the defendant are involved in several crimes or several criminal facts at the same time, and have been charged separately according to the crimes or criminal facts involved, the above provisions shall not apply.
Six, the lawyer of the law firm represents the same case for more than two stages, and can reduce the service fee as appropriate on the basis of the corresponding government guidance price from the second stage.
Seven. This charging standard will be implemented from August 20 17 15 and will be valid until May 3 1 2022.
Everyone knows the charging standard of lawyer service in Shandong Province. In fact, due to the different levels of economic development in different regions, the standards for charging lawyer fees in different regions will be different. Therefore, if you need to hire a lawyer and want to know their charging standard, you can handle it according to the local situation. If you have any other questions, please consult legal advice.