Yunnan lawyer fee standard

State and municipal lawyers' associations:

"Yunnan Province, the lawyer service charges industry guidelines standards" by the December 30, 2016 provincial lawyers association seven council of the fifth meeting of the deliberations, is issued to you, please conscientiously carry out the implementation.

Problems encountered in the implementation of each place, please report to the provincial lawyers association secretariat.

Attachment: "Yunnan Province, the lawyer service charges industry guidelines standards"

Yunnan Provincial Lawyers Association

January 13, 2017

Annex:

Yunnan Province, the lawyer service charges industry guidelines standards

(by the Yunnan Provincial Lawyers Association on December 30, 2016, the fifth meeting of the Council of the seventh session of the consideration of the adoption of)

The first according to the "People's Republic of China * * and the State Lawyers Law", the State Council of the State of the People's Republic of China and the State Council of the State of the People's Republic of China and the State Council of the State of the People's Republic of China. * and State Lawyers Law", the National Development and Reform Commission "on the liberalization of some of the service price opinions of the notice" (Development and Reform Price [2014] No. 2755) and the "Price Bureau of Yunnan Province forwarded the National Development and Reform Commission on the liberalization of some of the service price opinions of the document notice" (Cloud Price Charges 〔2015〕 No. 15) and so on the provisions of the Yunnan Provincial Lawyers Service Industry, combined with the actual Yunnan Province lawyers service industry, for the implementation of the market-adjusted price Part of the lawyer service charges (hereinafter referred to as "lawyer service charges"), the development of the industry guidelines.

Article 2 lawyers service charges by law firms and clients to determine the negotiation. This guideline standard for the administrative region of this province, the law firms, law firms set up by law for the client to provide legal services, negotiation to determine the fees for reference.

Article 3 lawyers service charges can be based on different services, different services, individually or collectively, to take the period of fixed charges, piece-rate charges, according to the proportion of the subject matter of the charges, time charges, risk agent charges.

(a) the period of fixed fees, refers to the client in a certain period of time to provide daily legal services charged by the lawyer service fees.

(ii) piece rate, refers to each commissioned legal affairs or each legal service stage as the basic unit, according to the amount or in the prescribed scope, range, limit specifically agreed to collect the lawyer's service fee billing method. Piece rate is generally applicable to not involve property relations, or although it involves property relations, but does not take into account the value of the property only according to the workload, the work content to determine the cost of legal affairs, such as the book, is not suitable for the subject matter of lawyers' fees for special non-litigation legal services, and so on.

(c) the subject matter of the proportion of fees, refers to the case in accordance with the amount of the subject matter of the dispute, the project involves the amount of the subject matter of the dispute, the amount of the transaction, according to a certain proportion of lawyers' service fees billing method. Charge according to the amount of the subject matter applies to cases and projects involving property relations, including civil litigation, enforcement, criminal collateral civil liability, arbitration cases, as well as non-litigation legal services.

(d) hourly fee, refers to the law firm to provide legal services based on the effective working hours spent, within the prescribed standards, according to determine the hourly rate charged to the client lawyers service fee billing method. The use of hourly fees, law firms should fill out the work log in a timely manner, to the client issued a list of work, and the parties to determine the negotiation.

(E) risk agent fee refers to the law firm in accepting the commission, only charge a certain amount of basic service fees (or agreed not to charge the basic service fees), the rest of the service remuneration from the law firm and the client on the commission should achieve the goal, the effect of payment of lawyers and the service fee of the time, the proportion of the conditions, the way and so on the first agreement, according to the goal, the effect of the realization of the situation, according to the amount of money or proportion of the fee paid. The fee is paid in accordance with the agreed amount or percentage.

The following cases are not allowed to implement the risk of representation:

1, the implementation of the government guide price of the case;

2, the implementation of the government guide price of the administrative litigation cases;

3, marriage, inheritance cases;

4, group cases.

(F) other fees, refers to the law firm and the client under the premise of consensus, agreed to be more in line with the actual situation of the commission of other lawyers service fees.

Article 4 law firms and clients negotiate with the lawyer service fees should take into account the following main factors, within the scope of the provisions of the negotiation with the client to determine the specific charges and fees.

(a) the time consuming work;

(b) the degree of difficulty of the legal affairs;

(d) law firms and lawyers may bear the risk and responsibility;

(e) the title of lawyers, lawyers, and the level of practice;

(f) entrusted with business Importance, the size of the value of the subject matter;

(vii) other necessary costs and expenses required to handle the case;

(viii) other factors affecting the cost of services, expenses and workload of lawyers.

Article 5 guidelines for fees are as follows:

(a) Representation in civil litigation, arbitration cases

1, does not involve property relations, the fee of 5,000 yuan -30,000 yuan / case.

2, involving property relations, in accordance with no less than the following standards using the differential progressive system to calculate the percentage of fees:

(1) less than 100,000 yuan (including 100,000 yuan) for 5%, the fee is less than 5,000 yuan per case according to 5,000 yuan;

(2) 100,000 yuan to 500,000 yuan (including 500,000 yuan) for the 100,000 yuan to 1,000,000 yuan (including 1,000,000 yuan) for 4%;

(2) 100,000 yuan to 500,000 yuan (including 500,000 yuan) for 10,000 yuan to 1,000,000 yuan (including 1,000,000 yuan ) is 4%;

(4) 3% for the portion of $1,000,000 to $5,000,000 (inclusive);

(5) 2% for the portion of $5,000,000 to $10,000,000 (inclusive);

(6) 1% for the portion of $10,000,000 to $20,000,000 (inclusive);

(7) 2% for the portion of $10,000,000 to $50,000,000 (inclusive);

(8) 1% for the portion of $100,000 to $500,000 (inclusive);

(9) 3% for the portion of $100,000 to $500,000 (inclusive);

(10) 2% for the portion of $100,000 to $500,000 (inclusive);

(11) 4% for the portion of $100,000 to $500,000 (inclusive);

(8) the part of 50 million yuan or more, for, the above two fees are the fees for representation of civil litigation cases in the first instance. Individual representation of the second trial, remand, retrial cases, arbitration cases, representation of the arbitral award is not enforced or set aside the case, may refer to the first instance stage of the fees charged. If the same law firm represents the same case again at different stages of the trial, it may be given preferential treatment. At the same time on behalf of counterclaims, counterclaims, counterclaims, counterclaims, fees can be charged according to the amount of reference to the civil litigation cases at the first instance of the fee standard charges.

4, foreign-related cases: foreign-related (including Hong Kong, Macao and Taiwan) case fees, can refer to the first instance of civil litigation cases, the fees charged. If it involves foreign language legal services, it can be charged at 1 to 5 times of the above standard. With the consent of the client, the law firm can also refer to foreign or Hong Kong, Macao, Taiwan law firms in China for the same type of legal affairs in the representative body of the fees, and the client to determine the amount of fees.

5, for major, difficult, complex, off-site civil litigation, arbitration cases, civil litigation cases can be in the first instance on the basis of the fees 1 to 5 times.

The following cases for major, difficult, complex civil litigation, arbitration cases:

(1) by the intermediate and above the People's Court to accept the case of first instance;

(2) the number of parties to a party of 3 and more than 3 people *** with the litigation case;

(3) intellectual property rights disputes, disputes over unfair competition, goodwill, reputation disputes, etc.;

(4) the forensics Difficult cases;

(5) New types of cases;

(6) Cases involving more than two legal relationships;

(7) Cases involving specialized knowledge, the need to engage the assistance of non-legal expertise in order to deal with the case;

(8) Other law firms and the client's consultation, both parties believe that is a major, difficult, complex civil litigation, arbitration cases

6 Civil litigation, arbitration cases, in addition to the state shall not be implemented in the case of risk agency fees, can be implemented risk agency fees. Risk agency fees according to the size of the subject matter of the dispute, the realization of the agency's goal of difficulty, the agency's work to cover the stage of the litigation, etc., determined by negotiation, involving property relations, it is recommended that no more than the total amount of the subject matter of the dispute is 30%.

7, the implementation of the case: according to the implementation of the amount of the subject matter, according to the first instance of the standard fees or according to the case to implement the risk of agency fees.

8, civil complaint cases, can refer to the first instance of civil litigation cases on behalf of the standard charges, can also implement the risk of agency fees.

(B) administrative cases

1, the fees for representation in administrative litigation, administrative reconsideration, hearings, etc., with reference to the above fees for civil cases.

2. Representation in administrative cases, with reference to the fees for civil appeals.

involving the following non-litigation business, can refer to the following standards:

1, legal due diligence, bond issuance, listing, etc.:

(1) legal due diligence of 50,000 yuan / piece;

(2) the first issuance of bonds for the first time for the 100,000 yuan / piece;

(3) the new three boards for the 200, 000 yuan / piece;

(3) the new three boards for 200, 000 yuan / piece;

(4) the new three boards for the listing of the new three boards, 200, 000 yuan / piece;

(5) the new three boards for the listing of the new three boards for the new three boards. 000/piece;

(4) 1,000,000 yuan/piece for listing on the Main Board, SME Board and GEM Board.

2, other securities business, investment financing, mergers and reorganization, corporate restructuring and other non-litigation business, the fee per case is not less than 50,000 yuan; involving property relations, can refer to no less than the following criteria for calculating the amount of fees using the differential progressive system:

(1) the part of less than 10 million yuan (including 10 million yuan) for 1% of the fee is not less than 50,000 yuan, charged according to 50,000 yuan;

(2) the part of less than 10 million yuan (including 10 million yuan) for 1% of the fee is not less than 1,000 yuan;

(3) the part of less than 10 million yuan (including 10 million yuan) is not less than 1,000 yuan. 000 yuan;

(2) 10 million yuan to 50 million yuan part (including 50 million yuan) for the part of 10 million yuan to 100 million yuan part (including 100 million yuan) for the part of more than 100 million yuan for, as the bankruptcy administrator of the case, the fees in accordance with the "Supreme People's Court on the trial of cases of bankruptcy of enterprises to determine the remuneration of the administrator" to determine.

(D) as a permanent legal adviser

If the annual fixed fee, according to the actual consultant unit, the projected lawyer's work time, the consultant's turnover in the previous year, the consultant unit of the degree of legal risk, the cost of law firms, lawyers, the level of legal services and other factors to determine the amount of the annual fee can be charged with reference to the following standards:

(1) as an individual industrial and commercial enterprise, a natural person Permanent legal adviser, 30,000 yuan -100,000 yuan / year.

(2) as a medium-sized enterprises, 80,000-300,000 yuan / year.

(3) As a large enterprise, listed companies as a permanent legal counsel, 200,000 yuan - 600,000 yuan / year.

(4) as organs, institutions, social organizations and other organizations as a permanent legal adviser, 10,000 yuan -200,000 yuan / year.

(5) the aforementioned types of business can be taken according to the actual situation of the hourly rate, the hourly rate of 300 yuan -3,000 yuan / hour.

(6) the process of handling the case incurred in the litigation costs, preservation costs, enforcement costs, arbitration fees, appraisal fees, notary fees, public notices, archives, translation costs, travel, transportation costs, cross-border communication costs, mailing costs, experts or professional organizations consulting and argumentation fees are not part of the fees for lawyers' services, and shall be resolved by the two sides through negotiation.

Article 6 of the following implementation of the government-guided price of legal services does not apply to the standard guidelines:

(a) as a criminal case of criminal suspects, the defendant's defense, and criminal cases of private prosecution, the victim's attorney;

(b) as a citizen requesting payment of labor compensation, compensation for work-related injuries, requesting alimony, fostering, maintenance, requesting the payment of pensions, relief, requesting social security benefits or minimum subsistence allowance, and requesting the payment of social security benefits or minimum subsistence allowance. To give social insurance treatment or the minimum subsistence allowance treatment of civil litigation, administrative litigation, and as an agent involving safety accidents, environmental pollution, land acquisition and relocation compensation (compensation) and other public **** interests of the group litigation cases;

(3) as an agent of citizens requesting the state compensation cases.

Article 7 of the law firm fees should comply with the following norms:

(a) law firms to provide legal services, shall sign a written contract of proxy.

(2) lawyers service fees collected by the law firm, and shall use the tax department legal bills.

(C) law firms shall accept the legal aid cases assigned to them. Handling legal aid cases shall not charge the recipient any fees. For economic difficulties, but do not meet the scope of legal aid for citizens, law firms can reduce the fee for legal services.

(4) Law firms may, after calculating the lawyer's fees in accordance with the standards of these guidelines, give preferential treatment to the clients according to the long-term cooperative relationship with the clients.

Article VIII of the bylaws

(a) law firms should be conspicuously announced in the lawyers service programs, fees, consciously accept the relevant authorities, industry associations and the community supervision and inspection.

(2) border ethnic areas of lawyers service charges, can be combined with the level of local economic development, the local lawyers association to develop appropriate industry guidelines for fees.

(C) law firms should implement the industry guidelines for standard fees, to avoid unfair competition in the industry, law firms due to unfair competition between the disputes arising from the Provincial Lawyers Association or authorized by the Municipal Lawyers Association is responsible for handling.

(d) the guidelines by the Yunnan Provincial Council of Lawyers Association is responsible for the interpretation of the standard.

(v) These guidelines standards from January 1, 2018 officially come into force.