How do lawyers generally charge?

Lawyer service charges management measures Article 1 in order to regulate the behavior of lawyer service charges, safeguard the lawful rights and interests of the client and the lawyer, and promote the healthy development of lawyer service industry, according to the "price law" and "lawyer law" and other relevant laws and regulations, the formulation of this approach.　　Article 2 in accordance with the "chinese people's lawyers law" law firms and lawyers authorized to practice, for the client to provide legal services fees apply to this approach.　　Article 3 lawyers service charges follow the principle of open and fair, voluntary compensation, honesty and credit.　　The law firm shall facilitate the people, strengthen internal management, reduce service costs, for the client to provide convenient and high quality legal services.　　Article 4 lawyers service charges government guide price and market price adjustment.　　Article 5 law firms in accordance with the law to provide the following legal services to implement the government guide price: (a) agent civil litigation cases; (b) agent administrative litigation cases; (c) agent of the state compensation cases; (d) for criminal suspects to provide legal counseling, representation of the complaints and charges, apply for bail, as the defendant's defender or private prosecution, the victim's litigation agent; (e) agent of all types of litigation (e) Representing various types of litigation complaints.　　Law firms to provide other legal services fees market-adjusted price.　　Article 6 the government guides the benchmark price and fluctuation range by the provinces, autonomous regions and municipalities directly under the central people's government price department in conjunction with the judicial administrative departments.　　Article 7 the government formulates the lawyer service charges, shall listen to the views of all sectors of society, if necessary, may implement the hearing.　　Article 8 the government shall give full consideration to the local economic development level, social affordability and long-term development of lawyers, fees in accordance with the average cost of compensating lawyers service society, plus reasonable profits and statutory taxes.　　Article 9 the implementation of market regulation of the lawyer service charges, by the law firm and the client negotiation.　　Law firms and clients to negotiate lawyer service charges should consider the following main factors: (a) the time consuming work; (b) the degree of difficulty of legal affairs; (c) the affordability of the client; (d) the lawyer may bear the risk and responsibility; (e) the lawyer's social credibility and level of work and so on.　　Article 10 the lawyer service charge can be based on different service content, take piece rate, according to the amount of the proportion of the charge and time charge and so on.　　Piece rate generally applies to the legal affairs not involving property relations; Proportionate charge according to the subject matter applies to the legal affairs involving property relations; Time charge can be applied to all legal affairs.　　Article 11 when dealing with civil cases involving property relations, the client is informed of the government guide price still requires the implementation of risk agency, law firms can implement risk agency fees, except for the following circumstances: (a) marriage, inheritance cases; (b) request for social insurance treatment or minimum living standard treatment; (c) request for alimony, maintenance, support, pension, relief, (c) Requests for payment of alimony, support, pension, relief, compensation for work-related injuries; (d) Requests for payment of labor remuneration, and so on.　　Article 12 prohibits the imposition of fees for risk representation in criminal proceedings, administrative proceedings, state compensation cases and mass litigation cases.　　Article 13 the implementation of risk agency fees, law firms shall sign a risk agency fee contract with the client, agree on both sides should bear the risk of responsibility, fee, fee amount or proportion.　　The implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the subject matter of the fee contract.　　Article 14 law firms shall strictly implement the price department in conjunction with the judicial administrative department at the same level of lawyers service charge management methods and fee standards.　　Article 15 law firms shall publicize lawyers service charges and fees and other information, accept social supervision.　　Article 16 law firm accepts the entrustment, shall sign with the client lawyer service fee contract or in the entrusted agent contract contains fee terms.　　Fee contract or fee terms shall include: fees, fees, fees, fees, fee amount, payment and settlement, dispute resolution.　　Article 17 the law firm and the client signed the contract, may not unilaterally change the fees or increase the amount of fees. Need to change, the law firm must obtain prior written consent of the principal.　　Article 18 the law firm to the client charges for legal services, shall issue legal bills to the client.　　Article 19 law firm in the process of providing legal services on behalf of the client to pay the litigation costs, arbitration fees, appraisal fees, notary fees and archive fees, is not a lawyer's service fees, paid separately by the client.　　Article 20 law firms need to charge in advance for travel expenses, shall provide cost estimates to the client, by consensus, signed by both parties to confirm. Need to change the cost estimate, the law firm must obtain the prior written consent of the client.　　Article 21 settlement of articles 18 and 19 of the relevant expenses, the law firm shall provide the client on behalf of its expenses and travel expenses list and effective vouchers. Can not provide valid vouchers, the client may not pay.　　Article 22 the lawyer service fee, on behalf of the client to pay the fees and travel expenses by the law firm. The lawyer shall not collect any fees from the client. In addition to the three fees listed in the preceding paragraph, law firms and lawyers shall not in any name to the client other fees.　　Article 23 a law firm shall be assigned to undertake legal aid cases. Handling legal aid cases shall not charge any fee to the aided person.　　For economic difficulties, but does not meet the scope of legal aid for citizens, law firms may have discretion to reduce or waive the fees for legal services.　　Article 24 a branch of a law firm established off-site, shall implement the fee regulations of the location of the branch.　　Article 25 law firms to provide legal services, may implement the law firm or the location of the legal services fees, the specific measures shall be negotiated by the law firm and the client to determine.　　Article 26 the price authorities at all levels shall strengthen the supervision and inspection of law firms fees.　　Law firms, lawyers have one of the following price violations, by the competent government departments in charge of prices in accordance with the "price law" and "administrative penalties for price violations," the implementation of administrative penalties: (a) not in accordance with the provisions of the lawyers' service fees and charges; (b) in advance or delay in the implementation of the government guidance price; (c) beyond the scope of the government guidance price or the range of the charges; (d) to take the decomposition of (D) by decomposition of charges, duplication of charges, expanding the scope of the way to raise the charges in disguise; (E) with obviously lower than the cost of the charges for unfair competition; (F) other price violations. Article 27 the judicial administrative departments at all levels shall strengthen the law firms, lawyers supervision and inspection of legal service activities.　　Law firms, lawyers have one of the following violations, by the judicial administrative departments in accordance with the "lawyers law" and "lawyers and law firms illegal penalties," the implementation of administrative penalties: (a) violation of the law firms uniformly accepts the entrustment, the signing of the written entrustment contract or the fee contract; (b) violation of the law firms uniformly collect lawyers' service fees, on behalf of the commissioner to pay for the expenses and the off-site handling of the case (C) does not provide the client with the estimated cost of travel expenses collected in advance, does not issue legal bills for lawyers' service charges, and does not provide the client with valid vouchers to account for the fees and travel expenses for handling cases in other places; (D) violation of the provisions of law firms unified custody and use of lawyers' service special paperwork, financial bills, business records; (E) violation of lawyers' practice discipline and professional ethics of other behaviors. Article 28　　Article 28 citizens, legal persons and other organizations that law firms or lawyers have price violations, can through letters, telephone, visits and other forms, to the competent department of price, judicial administrative departments or lawyers association report, complaint.　　Article 29 the local people's government department in charge of price, the judicial administrative department beyond the pricing authority, unauthorized development, adjustment of lawyers service charges, by the competent department in charge of price or the people's government at the same level, shall order correction; The circumstances are serious, the relevant departments shall be responsible for the person to be punished.　　Article 30 because of the lawyer service charge dispute, the law firm shall negotiate with the client to solve. Failure to negotiate, can be referred to the lawyers association where the law firm, the judicial administrative department and the price of the competent department of mediation, can also apply for arbitration or to the people's court litigation.　　Article 31 the lawyer service fee dispute mediation method is separately formulated.　　Article 32 the provinces, autonomous regions and municipalities directly under the central people's government price department in conjunction with the same level of judicial administrative department, according to these measures to develop the specific implementation of the management of lawyers' service fees, reported to the national development and reform commission and the ministry of justice for the record.　　Article 33 these measures by the national development and reform commission with the ministry of justice is responsible for the interpretation.　　Article 34 these measures since December 1, 2006 shall be implemented. The state planning commission, the ministry of justice on the issuance of & lt; lawyers service charges management interim measures & gt; notice" (price [1997] 286) and "the state planning commission, the ministry of justice on the temporary development of lawyers service charges around the temporary standard notice" (price [2000] 392) shall be repealed at the same time.