Recently, shaanxi price bureau and shaanxi judicial department, according to the national development and reform commission, the ministry of justice, "on the issuance of < lawyer service charge management method> notice" (development and reform price [2006] no. 611) the spirit of the provincial price bureau, the department of justice formulated the "shaanxi lawyers service charge management implementation method", "shaanxi province Lawyer Service Charges Standard". The document stipulates that the new standard will be implemented on September 1, 2007 within the province.
Specific charges are as follows:
Shaanxi lawyer service charges
In order to further standardize the law firms, lawyers and lawyers to maintain the legitimate rights and interests of the client, according to the "shaanxi lawyer service charges implementation measures," the provisions of the province, the lawyer's service charges government guideline standards are approved as follows:
A, the agent of first instance Civil litigation cases
(1) does not involve property relations of civil litigation cases by piece fee: 500 ----5000 yuan/piece.
(2) The maximum fee for civil litigation cases involving property relations is based on the difference in the amount of the subject matter of the litigation in accordance with the implementation of the progressive system of fixed-rate fees:
10,000 yuan (including 10,000 yuan) below the part of 1,000 yuan
10,000 yuan or more ----500,000 yuan (including 500,000 yuan) part of 5%
500,000 yuan or more ----1,000,000 yuan (including 1 million yuan (including) portion 4%
Over 1 million yuan ----5 million yuan (including) portion 3%
Over 5 million yuan ----1000 million yuan (including) portion 2%
Over 10 million yuan ----5000 million yuan (including) portion 1%
Above 50 million yuan 0.5%
(3) If there is a counterclaim in a civil litigation case, the fee for the representation of the counterclaim will be reduced according to the amount of the counterclaim and the above standard.
II. Representation in first instance administrative litigation cases
(1) Administrative litigation cases not involving property relations are charged on a per case basis: 500?5000 yuan per case.
(2) Administrative litigation cases involving property relations are subject to the fees for representation in civil litigation cases of first instance.
(3) Representation in administrative reconsideration cases is charged at half of the fees charged in administrative litigation cases
.
Third, representing the state compensation cases by piece of charges: 1000 - 5000 yuan / piece.
Four, handling criminal procedure cases
(1) the investigation stage (including the Procuratorate self-investigation): 500 - 5000 yuan / case.
(2) review and prosecution stage: 1000 - 5000 yuan / case.
(3) first instance trial stage: 1000 - 10000 yuan / case.
(4) Handling death penalty review cases: 10,000--30,000 yuan per case, but had handled the first or second trial, according to this standard discretionary fee.
(5) Criminal private prosecution cases and handling of criminal cases of victim representation cases in accordance with the above standards.
(6) If the civil part of a criminal incidental civil case involves property relations, the fees shall be charged with reference to the fees charged for the representation of civil litigation cases of the first instance.
(7) In cases involving property-related crimes, the fees may also be charged according to the amount of property involved, with reference to the fees charged for representation in civil litigation cases of the first instance.
V. Representation of Complaints in Various Types of Litigation Cases
(1) Representation of complaints in various types of litigation cases does not involve a property relationship is charged on a per-piece basis: 500 - 5000 yuan per piece; if a property relationship is involved, it is charged in accordance with the fee standards for civil cases involving a property relationship.
(2) Representation in litigation of retrial cases after entering the retrial procedure is charged according to the fee standard for representation in litigation cases of the first trial; those who have been represented in the first or second trial are charged half of the fee standard for the first trial.
VI. Handling of Litigation Cases of Second Instance
(1) If a litigation case of second instance is handled without a first instance, the fees shall be charged according to the fees of the first instance.
(2) If a litigation case has been handled in the first trial and then in the second trial, the fees shall be reduced by half according to the fees for the first trial.
Seven, for the remanded cases, according to the first instance litigation case fees; had handled the first trial, second trial or retrial, according to the first instance fees reduced by half.
VIII. Representation in Execution Cases
(1) Representation in execution cases alone shall be charged at the same rate as that for litigation cases of the first instance.
(2) If a person who has represented a case in the first trial, second trial or retrial and then represents the execution case, the fee will be reduced by half according to the fee standard of the first trial.
IX. Representation in arbitration cases shall be charged in accordance with the fees for civil litigation cases of the first instance.
Ten, as a legal adviser, to provide non-litigation legal services, answer legal advice, writing litigation and other legal matters related to other instruments, etc. Fees shall be determined by the negotiation between the law firm and the parties.
Xi, as a permanent legal adviser to the lawyers, the consultant unit for the litigation case according to the litigation case fees, discretionary fees.
twelve, to take the hourly method of charging lawyers service fees, within the range of 50?2000 yuan for each effective working hours, determined by the law firm and the parties to the negotiation.
Thirteen, the above one, two, four, five, eight charges, the complexity or significant impact of the case can be negotiated with the parties to the charges, but the maximum shall not exceed five times the prescribed standard.
fourteenth, for poor areas and the life of the parties with real difficulties, the fees for legal services can be charged according to the standard discretionary fees.
Fifteen, the fee standard from September 1, 2007 shall come into force. Shaanxi provincial price bureau, Shaanxi province, the judicial department "on the adjustment of the province's lawyers service charges notice" (shaanxi price fee adjustment hair [2003] No. 16) shall be repealed at the same time.