If a law firm or lawyer commits one of the following price violations, the competent price department of the government shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations:
(1) Failing to announce the management measures and charging standards for lawyer services in accordance with the provisions;
(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.
1. The Measures for the Administration of Lawyers' Service Fees is a departmental regulation jointly formulated by the Ministry of Justice and the National Development and Reform Commission, not a narrow law.
2. Special law refers to the laws formulated by the National People's Congress and its Standing Committee and applicable to the subjects of special legal relations, special time and special areas.
These Measures shall apply to law firms established in accordance with the Lawyers Law of People's Republic of China (PRC) and lawyers who are allowed to practice, and provide legal services for clients.
Legal basis:
Measures for the Administration of Lawyers' Service Charges Article 3 Lawyers' service charges shall follow the principles of openness, fairness, voluntary compensation, honesty and credibility.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement 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 complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 The government shall extensively listen to the opinions of all sectors of society when formulating the charging standards for lawyers' services, and may hold hearings when necessary.
Article 8 The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard by compensating the average social cost of lawyer 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 client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
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 is applicable to all legal affairs.