(20 16 65438, deliberated and adopted at the 5th meeting of the 7th Council of Yunnan Lawyers Association).
Article 1 According to the Lawyers Law of People's Republic of China (PRC), the Notice of the National Development and Reform Commission on Liberalizing Some Service Prices (NDRC Price [2014] No.2755) and the Notice of Yunnan Provincial Price Bureau on Forwarding the Opinions of the National Development and Reform Commission on Liberalizing Some Service Prices (Cloud Price Charge [20 15] 65433)
Article 2 The fees for lawyer services shall be determined by the law firm through consultation with the clients. These Guidelines apply to law firms and their branches established according to law within the administrative region of this province to provide legal services for clients, and refer to the implementation when determining fees through consultation.
Article 3 Lawyers' service fees may be collected separately or in combination according to different service contents and modes, such as periodic fees, piece-rate fees, proportional fees of bid amount, time fees, risk agency fees, etc.
(1) Fixed fee refers to the lawyer's service fee charged for providing daily legal services to clients within a certain period of time.
(2) Piece-by-piece charging refers to the pricing method of charging lawyers' service fees according to the specified amount or within the specified scope, range and limit, with each entrusted legal service or each legal service stage as the basic unit. Piece-by-piece fees are generally applicable to legal affairs that do not involve property relations, or involve property relations, but only determine fees according to workload and work content without considering property value, such as book agents and special non-litigation legal services that are not suitable for charging lawyer fees according to the target amount.
(3) Charging according to the proportion of the bid amount refers to the pricing method of charging the lawyer's service fee according to a certain proportion according to the disputed bid amount of the case, the items involved in the disputed bid amount and the transaction amount. Charging according to the target amount is applicable to cases and projects involving property relations, including civil litigation, execution, criminal incidental civil compensation, arbitration cases, non-litigation legal services, etc.
(4) Hourly charging refers to the pricing method in which a law firm charges a lawyer's service fee from a client according to the determined hourly charging standard and the effective working time consumed by providing legal services. If the fee is charged by the hour, the law firm shall fill in the work log in time, issue a work list to the client and negotiate with the parties.
(V) Risk agency fee refers to the charging method in which the law firm only charges a certain amount of basic service fee (or agrees not to charge basic service fee) when accepting entrustment, and the rest of the service remuneration is agreed by the law firm and the client on the objectives and effects to be achieved in the entrusted matters, the time, proportion, conditions and methods of paying the lawyer's service fee, and paid according to the agreed amount or proportion according to the realization of the objectives and effects.
Risk agency shall not be implemented in the following circumstances:
1, a case of implementing government guidance;
2, the implementation of government-guided administrative litigation cases;
3. Marriage and inheritance cases;
4. Group cases.
(6) Other charging methods refer to other charging methods for lawyer services that are more in line with the actual situation of the entrusted matters on the premise that the law firm and the client reach an agreement through consultation.
Article 4 When a law firm negotiates the fees for lawyer services with its clients, it shall consider the following main factors, and negotiate with the clients to determine the specific fees and methods within the prescribed scope.
Working hours spent;
(two) the difficulty of legal affairs;
(3) The number of lawyers, professional experience and professional ability required for handling legal affairs;
(four) the risks and responsibilities that law firms and lawyers may bear;
(five) the title of the lawyer, the lawyer's practice years and work level;
(six) the importance of the entrusted business and the value of the subject matter;
(seven) other necessary expenses for handling the case;
(eight) other factors affecting the lawyer's cost, expenditure and workload.
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Article 5 The guiding charging standards are as follows:
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property relationship is not involved, the charging standard is 5000-30000 yuan/piece.
2, involving property rights, according to not less than the following standards, using differential progressive system to calculate the proportion of fees:
(1) 5% for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan), and 5,000 yuan for each part less than 5,000 yuan;
(2) 4.2% of 6,543,800 yuan to 500,000 yuan (including 500,000 yuan);
(3) The portion from 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan) is 4%;
(4) 6,543,800 yuan to 5 million yuan (including 5 million yuan) is 3%;
(5) 5 million yuan to 1 ten thousand yuan (inclusive) is 2%;
(6) 1 0,000,000 yuan to 20,000,000 yuan (including 20,000,000 yuan) is1.2%;
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is1%;
(8) 0.5% for the part above 50 million yuan.
3. The above two charging standards are the charging standards in the first instance stage of civil litigation cases. If you represent the second instance, remand for retrial or retrial alone, or if you represent the arbitration case or refuse to execute or cancel the arbitration award, you can refer to the above-mentioned charging standards for the first instance. If the same law firm represents the same case at different stages again, it can give preferential treatment. If you represent counterclaims and counterclaims at the same time, counterclaims and counterclaims can be charged according to the standards of first instance of civil cases.
4. Foreign-related cases: The charging standards for foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) can be implemented with reference to the charging standards for first instance of civil litigation cases. If foreign language legal services are involved