Municipal Lawyers Association, Dingzhou and Xinji Branch of Provincial Lawyers Association:
"Guiding Opinions on Lawyers' Service Fees in Hebei Province" was deliberated and adopted at the meeting of the Sixth Standing Council of the Provincial Lawyers Association on 20 16124 October, and is now promulgated for implementation.
Hebei lawyers association.
2016 65438+1October 26th.
Guiding opinions on lawyers' service charges in Hebei Province.
Hebei lawyers association [20 16] No.7.
In order to guide law firms to charge fees reasonably and promote the healthy development of the lawyer industry in our province, this guidance is formulated in accordance with the spirit of the Price Law, the Lawyers Law and other laws and regulations and the Notice of the National Development and Reform Commission on the Opinions on Liberating Some Service Prices (No.2014] 2755).
The first is the scope of implementing government guidance prices.
According to the requirements of the National Development and Reform Commission, the following lawyer service charges are subject to government guidance:
1, as the defender of criminal suspects and defendants in criminal cases, as well as the agent of private prosecutors and victims in criminal cases; 2. Acting as an agent for citizens in civil and administrative litigation requesting payment of labor remuneration and compensation for work-related injuries, alimony, alimony, social insurance benefits or minimum living allowance, and compensation (compensation) for land acquisition and demolition.
The fees for lawyer services subject to government-guided prices shall be implemented in accordance with the charging standards formulated by the competent pricing department in conjunction with the judicial administrative department.
Second, the scope, principles and methods of implementing market-regulated prices.
The fees for other lawyers' services other than those stipulated in the preceding article shall be subject to market-adjusted prices, which shall be determined by the law firm through consultation with the clients. A law firm should comprehensively consider factors such as service cost, credit level, difficulty of legal affairs, risks and responsibilities that lawyers may bear, adopt piecework fees, proportional fees, hourly fees, etc. according to different service contents, negotiate with clients on an equal footing, and reasonably determine the charging price of lawyer services.
Piece-by-piece charging and proportional charging are adopted to represent a case in multiple litigation stages (including first-instance procedure, second-instance procedure, trial supervision procedure, execution procedure and arbitration procedure). From the second stage, the fee can be reduced or exempted as appropriate.
Third, the guiding standard of piece rate.
Civil litigation cases with market-adjusted prices (including cases in which incidental civil actions are only represented by civil parts), which do not involve property relations, can be charged by piece. The amount of each charge can be agreed within the range of 3000 yuan to 30000 yuan, and the specific price is determined by the law firm and the client through consultation.
Four, the guiding principle of charging according to the target amount.
In civil litigation cases with market-regulated prices (including cases in which incidental civil actions are only represented by civil parts), where property relations are involved, the amount of fees charged by the agent at each litigation stage can be calculated cumulatively in sections according to the following proportion of the target amount:
The part of the target amount of 654.38+10,000 yuan (inclusive) is charged at 8, and the part less than 3,000 yuan is charged at 3,000 yuan.
The part of the bid amount between 6,543,800 yuan and 6,543,800 yuan (inclusive) will be charged as 6.
The bid amount of 6,543,800 yuan to 6,543,800 yuan (inclusive) will be charged as 4.
If the bid amount exceeds RMB 6,543,800+million, it will be charged as 2.
Five, the scope of major, difficult and complicated civil litigation cases and the guiding standards for fees.
A case with one of the following circumstances can be identified as a major, difficult and complicated civil litigation case: 1, a case of first instance by a people's court at or above the intermediate level, a group litigation case, a case involving more than two legal relationships, a case involving professional knowledge and the need to hire non-legal professionals, a case involving foreign affairs (including Hong Kong, Macao and Taiwan), and other major cases approved by the law firm through consultation with the client.
Major, difficult and complicated civil litigation of market-regulated prices can be charged within 5 times of the above-mentioned charging standards after consultation between the law firm and the client.
Six, administrative litigation, arbitration and non litigation business charges guiding standards.
The charging standards for administrative litigation cases, arbitration cases and market-regulated non-litigation services shall be determined through consultation with reference to civil litigation cases.
Seven, the guiding standard of time service charges.
For legal services with market-adjusted prices, hourly charges can be negotiated, and the hourly charges can be agreed within the range of 500 yuan to 3,000 yuan per working hour. The specific price shall be determined through consultation between the law firm and the client.
Eight, the risk agent fee guidelines.
For legal services with market-adjusted prices, law firms can charge risk agency fees. The amount of risk agency fee is agreed within the target amount of 10 to 30, and the specific proportion is determined by the law firm and the client through consultation.
Nine, the guiding standards of legal advisory services.
Enterprise legal advisory service institutions can determine the amount of legal advisory fees according to the registered capital of the employer, the scale of the enterprise, the annual turnover, the number and difficulty of legal affairs, etc. The annual amount of legal consultant fees can be agreed within 60,000 yuan to 600,000 yuan. State organs, institutions, social organizations and other non-operating units to hire legal counsel, can refer to the enterprise legal counsel fees negotiated.
The fees for lawyers' services in this guidance do not include the fees charged by lawyers for administrative, judicial, appraisal, evaluation, auction, translation, notarization and other departments providing services, nor do they include the travel expenses paid by lawyers for providing services.
The Hebei Lawyers Association is responsible for the interpretation of this guidance, and it will be implemented as of February 1 day, 2065438.
Secretariat of Hebei Lawyers Association.
2016 65438+1October 26th.