Legal Subjectivity:
Guiding Standards for Lawyers' Service Charges in Hunan Province (adopted at the sixth meeting of the eighth Hunan Lawyers Association Council on October 9, 2117) Article 1 In order to guide and standardize lawyers' service charges, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry, according to the Notice of the National Development and Reform Commission on Liberating Some Service Prices (Development and Reform Prices [2114]) Article 2 These guiding standards are applicable to the fees charged by law firms established in our province for providing clients with lawyer services in the market-regulated price range. The fees charged by a law firm for providing clients with lawyer services in the scope of government-guided prices shall be implemented in accordance with the notice No.129 [2116] of Xiangfa Gaijiafu. Article 3 According to different service contents and clients, the fees for lawyer services with market-regulated prices may be charged in proportion to the target amount, by piece, by time, by period and by risk. Article 4 Piece-rate fees are generally applicable to legal affairs that do not involve property relations; Charge according to the proportion of the bid amount is applicable to legal affairs involving property relations; The period fee is applicable to the fees for providing legal advisory services for units or projects within a certain period of time (excluding the agency of specific litigation and arbitration cases; Time charge can be applied to all legal affairs. Article 5 The standard of charging in proportion to the amount of the subject matter (1) Based on the amount of the subject matter involved in the dispute, the fees shall be accumulated in sections according to the following proportions. This method is applicable to litigation and arbitration cases involving property relations, including civil and commercial, administrative and non-citizen claims for state compensation. The charging standard of the disputed subject matter is below 3,111-11,111-511,111 yuan, 8%-6%, 511,111-5,111,111 yuan, 6%-4%, 5,111,111-21,111,111 yuan, 4%-2%, 21,111,111,111 yuan and 1%-1.5%. For economically underdeveloped areas and particularly difficult units or individuals, appropriate fees can be charged within the range of reducing the above ratio by 31%. The specific amount is determined by the law firm and the client through consultation according to the specific circumstances, payment methods and other factors, combined with this standard. (2) The above standards are the charging standards for cases of first instance (or arbitration). If you handle the first instance and represent the second instance or retrial, you will be charged separately according to the standard of first instance; If there is a counterclaim (counterclaim) in the case, the agency fee shall be charged separately according to the amount of counterclaim and counterclaim. (three) acting as a separate agent to execute a case, and charging according to the standard of first instance. (4) Special legal services such as enterprise restructuring, investment merger and acquisition, listing of companies, participation in bankruptcy procedures (those who act as bankruptcy administrators are charged according to the regulations of the Supreme People's Court), equity transfer, bond issuance, bidding for construction projects, PPP projects, etc., shall be charged cumulatively in proportion according to the amount of the subject matter involved: 5%-4% for the part below RMB 1,5 million; 2, 5 million yuan to 21 million yuan is 4%-3%; 3, 21 million yuan to 51 million yuan is 3%-2%; 4, 51 million yuan to 111 million yuan is 2%-1%; 511 million yuan or more is 1%-1.5%. In economically underdeveloped areas, enterprises that are particularly difficult to participate in restructuring and bankruptcy can be appropriately charged within the range of reducing the above ratio by 31%. The specific amount is determined by the law firm and the client through consultation according to the specific circumstances, payment methods and other factors, combined with this standard. (5) Special legal services for real estate projects shall be charged at 1% of the total investment of the project. Article 6 Piece rate (1) The basic fee for acting as an agent for administrative reconsideration and administrative hearing cases, civil and economic cases, and cases in which non-citizens apply for state compensation is 3,111-21,111 yuan per litigation stage. (2) Providing non-litigation legal services for businesses involving property relations: 1. Acting for books and consulting in general civil legal affairs such as marriage, family and small-scale private lending, with a charge of 211 yuan-2,111 yuan per piece. 2. Review, draft and modify contracts and articles of association, provide credit investigation, issue legal opinions, consultation proposals, participate in project negotiations, issue lawyer's testimony, etc., with a basic fee of 3,111-21,111 yuan per piece. (3) If the above-mentioned business involves special circumstances such as difficulty and complexity, the law firm and the client may negotiate the fees above and within five times of the fee standard. Article 7 Risk agency fees, if implemented, are generally not less than 11% of the target amount, and the maximum fees are generally not higher than 51% of the target amount. You can also charge the basic fee first, and then charge the risk part fee separately according to the results. Article 8 Time-based charging standard The time-based charging standard is determined by the working hours of lawyers. The specific time-based method and charging standard shall be determined by the law firm through consultation with the clients on the basis of the following standards: Lawyers who have been practicing for less than 3 years shall be charged no less than 511 yuan for every working hour. Lawyers with junior professional titles or master's degrees or practicing for more than 3 years and less than 8 years shall be charged no less than 1,111 yuan per working hour. Lawyers with intermediate titles or doctorates or practicing for more than 8 years and less than 15 years shall be charged no less than 1,511 yuan for each working hour. Lawyers with senior professional titles or practicing for more than 1.5 years shall be charged no less than 2,111 yuan for each working hour. If you travel for more than one day, you will be charged for 8 hours of work every day; The time on the way to and from work is charged by 51% of the corresponding standard. Article 9 Fees for the period (1) 51.111 yuan-511.111 yuan/year as a legal adviser of an organ or institution. (two) as a legal adviser to large enterprises, 211.111 yuan-1.111 million yuan/year. (three) as a legal adviser to medium-sized enterprises, 111.111 yuan-511.111 yuan/year. (four) as a legal adviser to small (micro) enterprises and non-operating units, 31.111 yuan-111.111 yuan/year. (five) as a family and personal legal adviser, 21.111 yuan-111.111 yuan/year. The above fees can be charged within the range of 61%-211% of the above standards. The specific amount shall be determined by the law firm through consultation with the client according to the legal service workload, work difficulty, business status, additional service cost and other factors of the client, and in combination with this standard. Article 11 When a law firm negotiates with a client to collect a lawyer's service fee, it shall take the following main factors as the basis for consideration: (1) the working hours consumed and the extra costs; (two) the difficulty of legal affairs; (3) The client's affordability; (4) Risks and responsibilities that lawyers may bear; (five) the social reputation and work level of lawyers. Article 11 The lawyer's service fee does not include the administrative, judicial, appraisal, evaluation, auction, translation, notarization, expert consultation and demonstration fees paid to third parties, nor does it include the lawyer's travel expenses for providing services. Article 12 "below" and "within" in these charging guidelines do not include this number, while "above" and "not below" all include this number. Thirteenth the guiding standards for fees shall come into force as of the date of adoption by the Council of Hunan Lawyers Association. Legal objectivity:
Measures for the Administration of Lawyers' Fees (1) Article 4 The fees for lawyers' services shall be subject to government-guided prices and market-regulated prices. (2) Article 5 Law firms shall provide the following legal services in accordance with the law at government-guided prices: (1) Acting as agents 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 appeals and accusations, to apply for bail pending trial, and to act as the defendant's defender or private prosecutor or the victim's litigation agent; (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.