Article 2 These Measures shall apply to law firms (including branches) established with the permission of the provincial judicial administrative department in accordance with the Lawyers Law and the charging behavior of lawyers who are allowed to practice to provide legal services for clients.
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 shall be subject to government-guided prices and market-regulated prices respectively according to the service contents.
Article 5 A law firm shall provide the following legal services at the government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent the charges, to apply for bail pending trial, and to act as the defender of the defendant or the agent ad litem of the private prosecutor or the victim;
(5) Acting as an agent for appeals in various litigation cases.
Article 6 The fees charged by law firms for providing other legal services shall be regulated by the market.
Seventh the implementation of government-guided lawyer service charges, the benchmark price and floating range shall be formulated by the provincial price department in conjunction with the provincial judicial administrative department, and adjusted according to the social and economic development of our province. The specific charging standard shall be determined by the law firm and the client through consultation within the prescribed range.
Article 8 The formulation and adjustment of lawyers' service fees shall, on the basis of widely listening to opinions from all sectors of society, fully consider the level of economic development, social affordability and the long-term development of lawyers' industry in our province, and determine the charging standard according to the average cost of lawyers' services plus reasonable profits and statutory taxes and fees.
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the economic status and affordability of the client;
(4) Risks and responsibilities that lawyers may bear;
(five) the number of lawyers and their social reputation and professional level.
Article 10 According to different service contents, the lawyer's service fee can be determined through consultation between the law firm and the client, and charged on a piecework basis, in proportion to the bid amount and by time.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge can be applied to all kinds of legal affairs.
In the case of charging by time, the law firm shall issue a list of specific matters and working hours handled by lawyers to the clients.
Article 11 In handling civil cases involving property relations, if the client still asks for risk agency after the law firm informs the client of the charging standard, the law firm may charge the risk agency fee, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Cases requesting social insurance benefits or minimum living security benefits;
(3) Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(four) cases of requesting payment of labor remuneration.
Twelfth risk agency fees, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk liability, charging method, charging amount or proportion that both parties should bear.
The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Thirteenth it is forbidden to implement risk agency fees in criminal cases, administrative cases, state compensation cases and group litigation cases.
Article 14 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 amounts, payment and settlement methods, dispute settlement methods, etc.
Article 15 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, the law firm must obtain the written consent of the client in advance.
Article 16 When a law firm collects lawyer service fees from its clients, it shall issue the prescribed legal bills to the clients.
Article 17 The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees, evaluation fees, translation fees and printing fees paid by a law firm on behalf of its clients in the process of providing legal services are not legal service fees, and should be paid separately by the clients according to valid vouchers, unless otherwise agreed by both parties.
Eighteenth law firms according to the needs of handling cases, can charge off-site (outside the town where the law firm is located) handling travel expenses (including long-distance communication fees). Collecting travel expenses for handling cases in different places can take the form of lump sum use or reimbursement.
Take the lump sum way to collect the travel expenses for handling cases in different places, and the law firm and the client agree through consultation or sign a supplementary contract in the charging contract. The travel expenses for lump sum use shall be uniformly collected by the law firm, and no settlement formalities shall be handled.
If the reimbursement method is adopted to collect the travel expenses for handling cases in different places, the law firm shall provide the estimated expenses to the client, which shall be signed and confirmed by both parties after consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client. The law firm shall collect the estimated fees in advance and settle the case with the client according to the facts when closing the case.
Article 19 When a law firm settles the fees related to Article 17 and Paragraph 3 of Article 18, it shall provide the client with a list of fees charged on its behalf, travel expenses for handling cases in different places and valid vouchers. The customer may not pay the part that cannot provide valid vouchers.
Twentieth lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be collected in advance by law firms. In addition, the law firm shall not charge other fees to the clients in any name. Without permission, a lawyer may not charge any fees to the client.
Article 21 If a law firm terminates the entrustment relationship without justifiable reasons or the client proposes to terminate the entrustment relationship due to the fault of the lawyer, it shall refund the lawyer's service fees and travel expenses already collected; If the client terminates the entrustment relationship without justifiable reasons, the lawyer service fee charged by the law firm will not be refunded; If the client has justified reasons to terminate the entrustment relationship, the fees for the services provided by the lawyer shall be deducted, and the rest shall be returned to the client after consultation between the law firm and the client.
Article 22 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 do have difficulties in life but do not meet the scope of legal aid, the law firm may, as appropriate, reduce the lawyer's service fee.
Twenty-third branches of a law firm established in different places shall implement the provisions on fees at the place where the branches are located.
Where a law firm provides legal services in a different place, 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.
Twenty-fourth law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Law firms shall not engage in unfair competition by lowering service quality, lowering or disguised lowering prescribed fees, paying kickbacks or referral fees, etc.
Twenty-fifth law firms should strictly implement the implementation measures and charging standards for the management of lawyer services, and take the initiative to accept the supervision and inspection of the competent price departments at all levels and the judicial administrative departments.
Law firms shall publicize the implementation measures and charging standards for the management of lawyers' service fees and consciously accept social supervision.
Twenty-sixth price departments at all levels should strengthen supervision and inspection of the fees charged by law firms.
If a law firm or lawyer commits one of the following price violations, the competent price department shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations:
(1) Failing to announce the implementation measures and charging standards for the management of lawyers' service fees as required;
(two) the implementation of the government guidance price in advance or later;
(three) beyond the scope or range of government guidance fees;
(four) through the decomposition of fees, repeated fees, expand the scope of the way to raise fees in disguise;
(five) unfair competition at a cost significantly lower than the cost;
(6) Other price violations.
Twenty-seventh 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 Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms:
(a) in violation of the provisions of the law firm to accept the entrustment, signed a written entrustment contract or fee contract;
(two) in violation of the provisions of the law firm to collect lawyer service fees, fees paid on behalf of clients and travel expenses for handling cases;
(3) Failing to provide the client with the estimated expenses for handling off-site travel expenses, issue a legal bill for charging lawyers' services, and submit valid vouchers for paying expenses and handling travel expenses to the client in advance;
(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-eighth law firms and lawyers have one of the illegal acts in Article 27 of these Measures, and the Lawyers Association may give disciplinary action to the industry according to the Articles of Association of the Lawyers Association and the Rules for the Punishment of Illegal Acts of Members of the Lawyers Association (Trial).
Twenty-ninth districts of the city, county (city, district) price departments, judicial administrative departments beyond the pricing authority, unauthorized formulation and adjustment of lawyer service fees, by the higher price departments or the people's government at the same level shall be ordered to make corrections; If the circumstances are serious, the relevant departments shall be submitted to punish the responsible person.
Thirtieth citizens, legal persons and other organizations that law firms or lawyers have price violations can report and complain to the competent price department, the judicial administrative department or the lawyers' association through letters, telephone calls and visits.
Article 31 Disputes arising from lawyer's service charges shall be settled through consultation between the law firm and the client. If negotiation fails, you can apply to the lawyers association, judicial administrative department and price department where the law firm is located for mediation, arbitration or bring a lawsuit to the people's court.
Article 32 These Measures shall come into force as of September 6, 2007. The Interim Measures for the Administration of Lawyers' Service Charges in the Notice of Shaanxi Provincial Price Bureau and Shaanxi Provincial Department of Justice on Forwarding the State Planning Commission and the Ministry of Justice on Printing and Distributing the Administrative Measures for Judicial System Service Charges (Shaanxi Price Fee Forwarding [1997]1No.) shall be abolished at the same time.