Lawyer's fee is the service fee charged by the lawyer to the legal client. There is no uniform pricing of lawyer fees in China, but the relevant departments in different provinces will give the government-guided price standard for lawyer litigation agency services. The fee standard provides guidance, and the specific fee is determined by the lawyer and the client through consultation. Usually, according to the type and region of the case, the fee is charged by piece, by the proportion of the amount of the subject matter or by time. Jilin Lawyers' Service Charge Standard (latest government guidance price) Notice on Printing and Distributing Jilin Lawyers' Legal Service Charge Industry Guidance Standard (Trial) All city (state) lawyers' associations, Gongzhuling and meihekou city Lawyers' Working Committee, and all provincial lawyers' branches: Jilin Lawyers' Legal Service Charge Industry Guidance Standard (Trial). The ninth meeting of the Eighth Council of the Provincial Lawyers Association was considered and adopted, and is hereby issued. Attachment: Guiding Standards for Lawyers' Legal Service Charges in Jilin Province (Trial) 20 1 April 71day Attachment: Guiding Standards for Lawyers' Legal Service Charges in Jilin Province (Trial) Article 1 In order to further guide and standardize the charging behavior of law firms, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of the lawyer service industry in our province, it is registered in Jilin Province in accordance with the Lawyers Law of People's Republic of China (PRC) and Article 2 of national development. Article 3 Fees for lawyers' services refer to the service remuneration charged by law firms to their clients when they are entrusted to handle legal affairs. Article 4 Lawyers' service fees shall follow the principles of openness, fairness, voluntary compensation, equal consultation and good faith. Article 5 The fees for lawyer services shall be subject to market-regulated prices, and the specific amount and method of fees shall be determined by the law firm through voluntary consultation with the clients with reference to this Standard. However, if the National Development and Reform Commission and the relevant government departments stipulate that the fees for lawyer services shall be subject to government guidance, such provisions shall prevail. Article 6 A law firm may, in accordance with these Standards and in combination with the actual situation of the firm, formulate its legal service charging standards and charging methods, and report the charging standards to the local lawyers association for the record. A law firm shall announce the service items and charging standards of lawyers in a prominent position, and consciously accept the supervision and inspection of relevant competent departments and society. Article 7 When a law firm negotiates the fees for lawyer services with its clients, it shall consider the following factors: (1) The estimated time for providing legal services; (two) the difficulty of legal affairs; (3) The lawyer's social reputation, practice experience and professional level; (4) The number of lawyers required to handle legal affairs; (5) Risks and responsibilities that lawyers may bear; (6) Other necessary expenses for handling legal affairs; (seven) the value of the subject matter of the case; (eight) the value brought to the client; (9) Customer's affordability and local economic development. Article 8 Lawyers' service fees may be fixed, piecework, in proportion to the bid amount, timing and risk agency fees. , depending on different service contents and different service methods. Article 9 Fixed fees refer to the charging method that the client and the law firm determine the specific amount of fees through consultation according to the nature of the business, the target amount, the degree of major difficulty and the risk of the agreement, and confirm it in the entrustment contract. Article 10 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, taking each entrusted legal affairs as the basic unit. Piece-rate fees are generally applicable to legal affairs that do not involve property relations, or involve property relations, but only determine fees according to workload without considering property value, such as book agency, witness, non-litigation legal services, etc. Article 11 Charging according to the proportion of the amount of the subject matter refers to the pricing method of charging the lawyer's service fee according to a certain proportion with the amount of the subject matter of the case dispute, the amount of the subject matter of the dispute involved or the transaction amount as the charging base. Charging according to the target amount is applicable to cases and projects involving property relations, including civil, administrative, state compensation, criminal incidental civil compensation, execution and other litigation and arbitration cases, as well as various non-litigation legal services. Article 12 The term "hourly fee" refers to that when a law firm provides legal services, it collects the lawyer's service fee from the client through consultation according to the effective working hours. Time charge can be applied to all kinds of legal affairs. If the fee is charged by time, the law firm must issue a time work list to the client during the service period or after the case is closed. Article 13 The risk agency fee means that when a law firm accepts the entrustment, it only charges the basic fee, and other service remuneration is agreed in advance by the law firm and the client on the time, content and method of the target to be achieved in the entrusted matters. When the agreed objectives are achieved (including but not limited to court judgment, mediation, conciliation of the parties, arbitral award, property and interests obtained from court execution, etc.). ), the lawyer's service fee shall be paid according to the amount agreed in the contract or the charging method; If the agreed goal or effect cannot be achieved, the lawyer's service fee will not be paid or reduced as agreed. To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion and payment time that both parties should bear. The implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the legal service contract amount. Article 14 Risk agency fees shall not be charged under the following circumstances: (1) Criminal litigation cases, except incidental civil litigation; (2) Administrative litigation cases; (3) Cases of marriage and inheritance; (4) Cases requesting social insurance benefits or minimum living security benefits; (5) Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; (six) cases of requesting payment of labor remuneration. (seven) state compensation cases and group litigation cases involving public interests such as safety accidents, environmental pollution, land acquisition and demolition compensation (compensation). Article 15 A law firm shall specify the service content, service object, charging items, charging methods, charging standards, charging amounts, payment and settlement methods, time limit, conditions and dispute settlement methods in the agency contracts of both parties. Article 16 The fees paid by a law firm on behalf of the client in the process of providing legal services, such as attorney fees, arbitration fees, appraisal fees, notarization fees, travel expenses, investigation and evidence collection fees, file retrieval fees, cross-border communication fees, expert argumentation fees, etc., are not lawyer service fees, and shall be paid separately by the client. Unless otherwise agreed by both parties. Article 17 A law firm shall accept the entrustment to undertake legal aid cases. Law firms undertaking legal aid cases assigned by relevant authorities shall not charge any fees to the recipients. Article 18 Law firms may, at their discretion, reduce or exempt lawyers' service fees for citizens who do have financial difficulties but do not meet the scope of legal aid. Article 19 A law firm shall not engage in unfair competition to attract clients by reducing or exempting lawyers' service fees for the purpose of soliciting business; Or price alliance's monopolistic behavior. Article 20 Where a legal affairs demand unit engages in law firm selection activities by inviting tenders, inviting tenders, comparing and selecting or other cooperative means, the law firm shall participate in the competition according to the minimum fee standard determined by this standard, and follow the principles of honesty, credibility, fairness and justice. Twenty-first law firms shall accept the supervision and inspection of the judicial administrative department and the lawyers' association when collecting lawyers' service fees. Twenty-second disputes arising from lawyer service fees, law firms should negotiate with clients to solve. If negotiation fails, it may be submitted to the Lawyers Association for mediation, or it may apply for arbitration or bring a lawsuit to the people's court. Twenty-third the following implementation of government-guided lawyer service charges, formulated by the provincial price department in conjunction with the provincial judicial administrative department. (a) as a defender of criminal suspects and defendants in criminal cases, and as an agent of private prosecutors and victims in criminal cases; (2) Acting as an agent for citizens who request to pay alimony, alimony, alimony, pension, relief fund, social insurance and minimum living allowance in civil and administrative proceedings; (3) Acting as an agent for cases in which citizens request payment of labor remuneration, industrial injury compensation and state compensation, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution and compensation (compensation) for land acquisition and demolition. Article 24 For legal services with industry-guided prices, law firms charge legal service fees according to the following standards: (1) Acting as an agent in civil litigation and arbitration cases, 1. If the property right relationship is not involved, the benchmark cost is 5000-20000 yuan/piece, and the maximum fluctuation range does not exceed 100%. 2. If the property relationship is involved, the fees shall be accumulated in proportion to the amount of litigation and arbitration (dispute): (1) 10,000 yuan or less (including10,000 yuan) 8%- 10%, and 5,000 yuan shall be charged for each item less than 5,000 yuan; (2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan); (3) 6%-8% of 500,000 yuan to1000,000 yuan (including 6.5438+0,000 yuan); (4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan); (5) 4%-6% of 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan); (6)/kloc-3%-5% of RMB 0/00000 to RMB 20 million (inclusive); (7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%; (8) 50 million yuan or more 1%-3%. The above charging standards are the charging standards in the first instance stage of civil litigation and arbitration cases. Acting as an agent for second instance, retrial proceedings, or arbitration cases, and refusing to execute or cancel the arbitration award shall be implemented with reference to the above-mentioned charging standards for the first instance stage. If the same law firm represents the same case in different stages of trial again, it can give a discount of no more than 50%. If there are counterclaims and counterclaims in this lawsuit, counterclaims shall be calculated cumulatively according to the target amount. (2) The charging standards for administrative litigation cases shall be implemented with reference to the charging standards for civil litigation cases. (3) The charging standards for acting as an agent for all kinds of litigation appeals, and the charging standards for acting as an agent for criminal incidental civil litigation and all kinds of litigation appeals. The charging standards for civil cases shall be implemented with reference to the charging standards for acting as an agent. (4) If a single agent undertakes the execution of a case, it shall be charged according to the standard of agency fees for civil litigation cases of first instance; To undertake cases of first and second instance, the lawyer's fee may be appropriately reduced or exempted within 50%. (5) Legal consultation 1, 100-500 yuan every hour, and part of an hour shall be counted as one hour; 2. Charge 500- 1000 yuan for legal affairs documents. (VI) Non-litigation business charges Non-litigation business charges can be charged in three ways: piecework and time. The time charging standard is 1000-3,000 yuan/hour, and complex legal services can be charged within 2 times of the above standard; According to the charging standard of the amount involved, refer to the charging standard of agency civil litigation cases. The following charges related to non-litigation business refer to the following standards: 1. The basic fee for a formal credit investigation, credit opinion, consultation proposal or lawyer's witness is not less than 5,000 yuan. If a legal proposal or lawyer's opinion is formally issued, the two parties shall negotiate the fees according to the workload and other specific circumstances. If it is necessary to issue a legal proposal or lawyer's opinion on the basis of preliminary due diligence, the minimum is not less than 30,000 yuan per copy. 2, review, draft and modify the contract and articles of association, each basic cost is not less than 2000 yuan. Participate in the project negotiation, and both parties will negotiate the expenses according to the workload and other specific conditions. Drafting, amending complicated contracts and articles of association or participating in complicated negotiations, or involving the subject matter of a contract of more than 50 million yuan, each piece shall not be less than 30,000 yuan. 3. Non-litigation legal services such as investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major project construction and foreign-related business. , if it is necessary to conduct comprehensive due diligence, design transaction structure, participate in project negotiation, draft major transaction documents or issue legal opinions, it will be charged in proportion to the amount involved: (1) 1 10,000 yuan (including10) (2) 6,543,800 yuan to 5 million yuan (including 5 million yuan) (3) 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 3%; (4) 1 1,000,000 yuan to 5,000,000 yuan (inclusive) is 2%; (5) 50 million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) is 0.9%; (6) 0.5% of the part above 65.438+0 billion yuan. 4. Special legal services for real estate projects are charged at 0.9%- 1.5% of the total investment of the project. 5. As a perennial legal adviser, fees can be fixed and fixed, or they can be combined. If the annual fixed fee is adopted, the annual fee can be determined according to the estimated lawyer's working hours, consultant's annual turnover, consultant's legal risk, law firm's cost, lawyer's legal service level and other factors, and charged according to the following standards: (1) Being a perennial legal consultant of an institution or institution, 500,000-200,000 yuan/year, which can be reasonably increased; (2) As a perennial legal consultant for large enterprises, 1.2 million yuan-800,000 yuan/year, which can be reasonably floated; (3) Serving as a perennial legal consultant for medium-sized enterprises, 600,000-600,000 yuan/year, which can be reasonably floated; (4) As a perennial legal consultant for small (micro) enterprises, the salary is 50,000-200,000 yuan/year, which can be reasonably increased. The annual time charge is adopted, and the time charge standard is 500 yuan-3,000 yuan/hour. The hourly rate of perennial legal counsel in foreign affairs, securities, intellectual property rights, tax law and other specialized fields can be increased by no more than 2 times on the basis of the above standards. (seven) the service items recorded in the industry guidance price list may be charged by the risk agent on the basis of negotiation between the two parties. Twenty-fifth major, difficult, complex and time-consuming cases can be negotiated with the parties to increase the fees, which should generally be less than 5 times of the negotiated fees. The following civil and administrative cases are major and complicated cases: 1, * * more than three parties; 2 cases with difficulty in obtaining evidence and complicated legal relationship; Lawyers spend significantly more time handling cases than similar cases; The case involves difficult professional issues, and the professional level of lawyers is significantly higher than that of similar cases; 3 major foreign-related cases and cases with significant social impact; 4. New types of cases; 5. Other cases that the law firm considers to be significant and complicated through consultation with the clients; 6. Cases tried by courts above the intermediate level. Article 26 The Council of Jilin Lawyers Association shall be responsible for the interpretation of these Standards. This charging standard has been tried out since April 20 17 1 day. The above is the relevant details of Jilin Lawyer's Charge Standard, and I hope it will help you.
Legal objectivity:
Article 10 of the Measures for the Administration of Lawyers' Service Fees