Attached to the original text of Beijing Municipal Development and Reform Commission [2010] No.651:
Notice of Beijing Municipal Bureau of Justice of Beijing Municipal Development and Reform Commission on Printing and Distributing the Government-guided Price Standard of Beijing Lawyers' Litigation Agency Service Charge (Trial) and the Implementation Measures of Beijing Lawyers' Service Charge Management (Trial)
Jing Fa Gai [20 10] No.651
All relevant units:
According to the relevant provisions of the Notice of the National Development and Reform Commission and the Ministry of Justice on Printing and Distributing the Measures for the Administration of Lawyers' Service Charges (NDRC Price [2006] 61KLOC-0/No.), with the consent of the municipal government, we hereby print and distribute the Beijing Government-guided Price Standard for Lawyers' Litigation Service Charges (Trial) and the Beijing Lawyers' Service Charges Management Measures to you.
I hereby inform you.
May 5, 20 10
Beijing lawyer litigation agency service fee
Government guidance price standard (for Trial Implementation)
I. Allegations in criminal cases
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2. In the stage of review and prosecution, the charge for each piece is 2000- 10000 yuan.
3. The charge for each piece in the first trial stage is 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
Second, the charging standard of civil litigation cases.
(1) The charging standard for civil litigation cases is determined according to the trial stage.
1. Piece rate.
3000- 10000 yuan per piece.
2. According to the proportion of the winning bid.
Less than 65438+ 10,000 yuan (including 65438+ 10,000 yuan), 10% (minimum charge is 3,000 yuan);
6.5438+10,000 yuan to 6.5438+10,000 yuan (including 6.5438+10,000 yuan), 6%;
6.5438+0.000 yuan to 6.5438+0.000 yuan (including 6.5438+0.000 yuan), 4%;
100000 yuan or more, 2%.
According to the difference in the amount of the subject matter of the dispute between the parties, the fees shall be collected progressively.
3. The above charging standards are not limited.
(two) the implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the property interests agreed with the client.
(3) Lawyers' service fees shall be charged for retrial and appeal cases respectively according to the charging methods and charging standards determined in a trial stage.
(four) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
Three. Costs of administrative litigation cases and state compensation cases
(1) Administrative litigation cases and state compensation cases shall be determined one by one at each trial stage.
(2) Piece rate is 3000- 10000 yuan per piece. There is no limit to ups and downs.
(3) Where property relations are involved, it shall be determined according to the proportional standard of the subject matter of civil litigation cases.
4. Time charging standard: 100 yuan-3,000 yuan/effective working hours. There is no limit to ups and downs.
Five, the following cases are negotiated by the law firm and the client, and the fee is not higher than 5 times the prescribed fee. If negotiation fails, the prescribed charging standards shall be implemented:
(a) the legal relationship of the case is complex, and the lawyer's handling time is obviously longer than that of similar cases;
(two) 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.
The provisions of the preceding paragraph shall not apply to civil cases in which the subject matter of litigation does not exceed 654.38+10,000 yuan (including 654.38+10,000 yuan), cases in which social insurance or minimum living security is granted, cases in which alimony, alimony, nursing expenses, pensions, relief funds and compensation for work-related injuries are requested, cases in which labor remuneration is requested, and cases in which risks are represented and time fees are charged.
Measures of Beijing Municipality on the Administration of Lawyers' Service Fees (for Trial Implementation)
General rule
Article 1 These Measures are formulated in accordance with People's Republic of China (PRC) Price Law, People's Republic of China (PRC) Lawyers Law, National Development and Reform Commission, Ministry of Justice's Measures for the Administration of Lawyers' Service Fees and other relevant laws, regulations and rules in order to regulate the charging behavior of lawyers' services in this Municipality and safeguard the legitimate rights and interests of clients and lawyers according to the actual situation of this Municipality.
Article 2 These Measures shall apply to the charging behavior of law firms established in accordance with the law within the administrative area of this Municipality and the Beijing branch of law firms of other provinces, autonomous regions and municipalities directly under the Central Government for providing legal services to clients in this Municipality.
If a law firm in this Municipality provides legal services in a different place, it may implement these Measures or the provisions on the management of lawyers' service fees in the place where legal services are provided, which shall be determined by the law firm and the client through consultation.
The local laws and regulations on the management of lawyers' service fees shall apply to the branches established by law firms in other provinces, autonomous regions and municipalities directly under the Central Government.
Article 3 The lawyer service fee refers to the service remuneration collected from the client when a law firm accepts the entrustment according to law and assigns lawyers to handle legal affairs.
The fees that need to be paid to the third party in the process of legal services are not lawyers' service fees, and shall be paid separately by the client.
Article 4 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation, honesty and credit, and payment by clients.
Customers can choose their own law firm to provide services. A law firm shall not force the parties to accept services or charge fees in disguised form.
Article 5 A law firm shall reduce the service cost, embody social fairness, facilitate the people and benefit the people, and provide diligent and conscientious legal services for clients.
Government-guided price and market-regulated price
Article 6 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 7 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent 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 complaints and accusations, to apply for bail pending trial, and to act as defenders of defendants or agents ad litem of private prosecutors and victims.
(5) Acting as an agent for appeals in various litigation cases.
The government-guided price standard for lawyers' service charges shall be formulated by the Municipal Development and Reform Commission and the Municipal Bureau of Justice.
Article 8 Other legal services provided by a law firm shall be subject to market-regulated prices, which shall be determined by the law firm through consultation with the clients.
Article 9 When a law firm negotiates fees for lawyer services with clients, it shall consider the following main factors:
(1).
(2) The difficulty of legal affairs.
(3) Customer's tolerance.
(4) Risks and responsibilities that lawyers may bear.
(5) The lawyer's social reputation and working level.
Charge method of lawyer service
Article 10 According to different service contents, lawyers' service fees can be collected by piecework, proportion of bid amount, time and risk agency.
Article 11 Piece-by-piece charging is a charging method in which law firms provide legal advice, handle legal affairs or produce legal documents for clients, and collect service remuneration according to the service quantity.
Piece rate is generally applicable to legal affairs that do not involve property relations.
Article 12 Charging in proportion to the amount of the subject matter means that the law firm collects service fees in proportion to the amount of the disputed property.
Charges in proportion to the winning bid amount are applicable to legal affairs involving property relations.
Article 13 Hourly charging is a charging method for law firms to calculate and collect service remuneration according to the determined charging standard per unit time and the effective working hours paid by lawyers to provide legal services.
Time charge is applicable to all legal affairs.
Article 14 The risk agency fee is the fee charged by the law firm according to the agreed amount or proportion of service remuneration from the property interests obtained by the client according to the results of handling legal affairs.
Fifteenth in handling civil cases involving property relations, the law firm may charge for risk agency if the client still asks for risk agency after the law firm informs the client of the government guidance price.
Sixteenth the following civil cases are not subject to risk agency:
(1) Cases of marriage inheritance.
(2) Cases requesting social insurance benefits or minimum living security benefits.
(3) Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries.
(4) Cases requesting payment of labor remuneration.
Seventeenth prohibit criminal cases, administrative cases, state compensation cases and group litigation cases to implement risk agency fees.
Lawyer service charge contract
Article 18 When accepting the entrustment, a law firm shall clearly inform the client of the provisions on the management of fees, and sign a contract with the client on the fees for lawyer services or specify the terms of fees in the entrustment contract.
Nineteenth "lawyer service fee contract" is a subsidiary contract of the principal-agent contract. The lawyer service fee contract or fee clause shall include the following contents:
(a) service content, charging items, charging methods, charging standards and cost calculation methods.
(2) Travel expenses and collection methods.
(3) Legal fees, arbitration fees, appraisal fees, inspection fees, evaluation fees, notarization fees, file retrieval fees and other estimated fees that need to be paid by the client separately and the collection methods.
(four) the way to solve the fee dispute.
(five) the implementation of risk agency fees, it should be agreed on the risk responsibility, the amount or proportion of fees, charging stages, settlement methods, etc ...
The model text of "Lawyer Service Charge Contract" is formulated by the Municipal Lawyers Association.
Article 20 After signing a contract with a client, a law firm shall not change the charging items and charging scope without authorization, or increase the amount and proportion of fees in disguise. If it is really necessary to make changes for justified reasons, the law firm must obtain the written consent of the client in advance.
Management of lawyer service charges
Twenty-first law firms to provide legal services should be clearly marked in accordance with the provisions, and accept supervision.
Article 22 A law firm shall sign an agency contract with its clients on the types of legal services actually provided, and shall not change or change the types of legal services provided in disguise in order to avoid government guidance prices.
Twenty-third law firms can receive all or part of the fees in advance after accepting the entrustment, and can also collect them in the process of providing legal services or after the completion of legal services according to the contract.
Article 24 If a law firm needs to receive travel expenses in advance for handling a case, it shall provide the client with an estimate of the expenses and sign it after both parties reach an agreement through consultation.
In the process of legal services, if it is really necessary for a law firm to change the cost estimate, it must obtain the written consent of the client in advance.
Twenty-fifth legal fees, arbitration fees, appraisal fees, inspection fees, evaluation fees, notarization fees, file retrieval fees and other expenses that need to be paid to a third party shall be paid by the client.
If a law firm pays the above-mentioned fees and advance handling travel expenses on behalf of the client, it shall settle with the client with valid vouchers. If the law firm cannot provide valid vouchers, the client may refuse to pay.
Twenty-sixth lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases shall be uniformly collected by law firms.
In addition to the three fees listed in the preceding paragraph, a law firm may not charge other fees from its clients in any name.
Without permission, a lawyer may not charge any fees to the client.
Article 27 When a law firm collects lawyer service fees and advances travel expenses from clients, it shall issue legal bills to clients in time.
Article 28 A law firm shall supervise lawyers' handling fees.
Twenty-ninth lawyers must undertake the obligation of legal aid in accordance with the relevant provisions of the state and this Municipality, and do their duty to provide legal aid to the recipients.
Law firms and lawyers shall not charge any fees to the recipients.
Thirtieth for citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce the lawyer service fee.
Where a law firm waives the lawyer's service fee, it shall indicate the reasons, methods, scope and dispute settlement methods in the contract.
Legal liability
Thirty-first law firms should strictly implement the relevant provisions on the fees for lawyers' services and accept the supervision and management of the competent pricing department and the judicial administrative department.
Thirty-second law firms and lawyers who commit the following price violations shall be given administrative punishment by the municipal, district and county price departments in accordance with the Price Law and the Provisions on Administrative Punishment of Price Violations:
(1) Failing to publicize the management measures and charging standards for lawyers' service fees as required.
(two) to implement the government guidance price in advance or later.
(three) beyond the scope or range of government guidance fees.
(four) through the decomposition of charging items, repeated charges, expanding the scope and other ways to raise the charging standards in disguise.
(five) unfair competition at a cost significantly lower than the cost.
(6) Other price violations.
Thirty-third municipal, district and county judicial bureaus and municipal lawyers associations shall strengthen the supervision and management of law firms and lawyers' legal service activities.
City Lawyers Association found that the fees charged by law firms and lawyers violated the relevant provisions of the management of lawyers' practice, and should be corrected in time; If an illegal act constitutes an administrative punishment, it shall report to the Municipal Bureau of Justice in a timely manner.
The municipal, district and county judicial bureaus shall, in accordance with the Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms, impose administrative penalties on the following illegal acts of law firms and lawyers:
(1) A law firm accepts entrustment in violation of regulations and signs a written entrustment contract or a charging contract.
(two) in violation of the law firm's unified collection of lawyer service fees, fees paid on behalf of clients and travel expenses for handling cases.
(3) Failing to provide the estimated travel expenses for handling cases to the client in advance, issuing a legal bill for charging the lawyer's service fee, and submitting valid vouchers for handling cases and travel expenses to the client.
(four) in violation of the provisions of the law firm's unified custody and use of special bills, financial bills and business files for lawyer services.
(five) other acts that violate the practice discipline and professional ethics of lawyers.
Thirty-fourth citizens, legal persons and other organizations that law firms or lawyers have price violations can report and complain to the price department, the judicial administrative department or the Municipal Lawyers Association through letters, telephone calls and visits.
Article 35 If there is a dispute between a law firm and a client over the fees for lawyer services, the law firm shall settle it through consultation with the client. If negotiation fails, it may be submitted to the Municipal Lawyers Association for mediation, or it may apply for arbitration or bring a lawsuit to the people's court.
Supplementary rules
Thirty-sixth approach by the Municipal Development and Reform Commission and the Municipal Bureau of justice is responsible for the interpretation of.
Article 37 These Measures shall be implemented as of May 30th, 20 10.