Among them, the piece-rate fee for civil and administrative cases that do not involve property relations is 500-5000 yuan/piece; Involving property rights, according to the amount of property rights disputes, according to the proportion of 0.5%-5% cumulative charges. For handling criminal cases, cases with complicated cases and significant impact, you can negotiate with the parties to charge more than the standard, but the maximum amount shall not exceed 5 times the prescribed amount.
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According to the new law, the government guidance price is being studied and formulated. Therefore, the above standards are current standards, and the following are the provisions of the new law. However, important indicators such as the "government guidance price" of the new law have not yet been formally determined. Therefore, the new law is not operable.
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Relevant laws: Implementation Measures for the Management of Lawyer Service Fees in Shanxi Province
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The following are the current standards: the provisional standards for lawyers' service charges in Shanxi Province.
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Interim standards for lawyers' service charges in Shanxi Province
In order to meet the needs of China's accession to the WTO, promote the healthy development of the lawyer industry in our province, and protect the legitimate rights and interests of law firms, lawyers and parties, according to the Notice of the State Planning Commission and the Ministry of Justice on Printing and Distributing the Interim Measures for the Administration of Lawyers' Service Fees (No.286 for valuation fee [1997]) and the Notice on the Interim Standards for Lawyers' Service (No.392 for total price [2000])
1. Lawyer service fee is intermediary service fee. All law firms and practicing lawyers should follow the principles of openness, fairness, honesty and credit, fair competition, voluntary compensation and client payment when providing services, and strictly follow the service contents and charging standards stipulated in the Notice of the Provincial Price Bureau and the Department of Finance on Forwarding the Interim Measures for the Administration of Lawyers' Service Fees of the State Planning Commission and the Ministry of Justice (Jin Jia Fei Zi [1997] No.92).
Two. See the annex for the tentative standard of lawyers' service charges.
Three, the law firm to charge the client lawyer service fees, to strictly implement the "notice" provisions of the charging standards. The charging unit shall apply to the price department at the same level for the license fee, use the unified bills stipulated by the tax department, and accept the supervision and inspection by the price and judicial administrative departments.
Iv. this notice shall be implemented as of July 1 2003. The original lawyer service charge standard shall be abolished at the same time.
Shanxi Provincial Price Bureau and Shanxi Provincial Department of Justice
Interim standards for lawyers' service charges in Shanxi Province
I. Handling civil and administrative cases
1, not involving property relations: 500-5000 yuan/piece.
2. In the case of property right relationship: according to the subject matter amount involved in the property right dispute, the accumulated fees shall be charged in segments at a ratio (standard) not higher than the following:
This paper introduces the charging standard of the disputed subject matter
/kloc-less than 0/0000 yuan 500- 1000 yuan
1000 1 yuan-100000 yuan 5%-4%.
1000 1 yuan-500,000 yuan 4%-3%.
50000 1 yuan-1000000 yuan 3%-2%.
10000 1 yuan-10000000 yuan 2%- 1%.
10000065438+65438 0 yuan +0%-0.5%
Second, handling criminal cases.
1, investigation stage: providing legal advice to criminal suspects, 50-500 yuan/time; Acting for complaints and accusations, 300- 1000 yuan/piece; Apply for bail pending trial, 500- 1000 yuan/piece;
2. Review and prosecution stage: 500-3000 yuan/piece;
3. Preliminary stage: 1000-6000 yuan/piece;
4. Agent for criminal cases of private prosecution and victims of criminal cases:1000-6,000 yuan/piece if property relations are not involved; Involving property relations, in accordance with the provisions of civil cases involving property relations.
Three. Handle appeals of various litigation cases except criminal cases.
1, not involving property relations: 500-3000 yuan/piece;
2 involving property relations, in accordance with the provisions on property charges in civil cases.
Four, handling arbitration cases, in accordance with the standards of civil cases.
Five, the law firm as a legal adviser, negotiate with the client and charge fees according to the agreement.
Six, a law firm to handle non litigation legal affairs, should negotiate with the client, and charge according to the agreement.
Seven, answering legal advice, writing or making legal affairs documents and other documents related to legal affairs, by the law firm and the client consultation, according to the agreement.
Eight, appraisal fees, transportation fees, notary fees, travel expenses for handling cases in different places, etc. The expenses incurred in handling legal affairs shall be borne by the client, and the payment method shall be stipulated in the agreement, and the fees shall be charged according to the agreement.
Nine. others
1. The above charging standards refer to the charging standards for litigation cases or arbitration cases of first instance. Cases that have passed the second trial without the first trial shall be charged according to the standards of the first trial; For cases that have passed the first and second trials, the second trial shall be charged at half the standard of the first trial; If the case is sent back for retrial, the charging standard shall be implemented according to the original standard; In cases involving arbitration, if you have acted as an agent for arbitration, the litigation fees for the first and second stages will be charged by half according to the arbitration stage fee standard; For the execution of cases, the fee will be halved according to the standard of first instance;
If the case is complex and has a significant impact, the expenses beyond the standard may be negotiated with the parties, but the maximum amount shall not exceed 5 times the prescribed amount.
2. Confirmation of "the amount of the subject matter": All lawsuits filed shall be calculated based on the amount of the subject matter of the lawsuit approved by the people's court at the time of filing the case; Non-litigation is determined according to the project amount undertaken by the agency.
3, the case is complex, major cases refer to:
(1) Civil cases involving more than three legal relationships, civil cases of first instance accepted by people's courts at or above the intermediate level, economic cases in which one party goes bankrupt, joint venture disputes, partnership disputes, cases with significant influence in the local area, and other complicated cases.
(2) In criminal cases, cases of first instance accepted by the people's court at or above the intermediate level, cases that may be sentenced to death, cases of combined punishment for several crimes, cases of * * * with more than three defendants, and other cases with particularly serious public prosecution circumstances and huge amount.
4, the implementation of financial aid law firms and poverty-stricken county law firms should, in principle, according to the lower limit of fees, or negotiate with the client.
5 law firms to carry out risk agency, agency fees can be negotiated by the law firm and the parties and charged according to the agreement.
6. If lawyers handle cases in other provinces (autonomous regions and municipalities directly under the Central Government) and the local charging standard is higher than that of our province, the law firm may negotiate with the parties in accordance with the standards of other provinces (autonomous regions and municipalities directly under the Central Government) and charge according to the agreement.
7. The principle of national treatment and reciprocity shall apply to lawyers who are entrusted by foreign institutions to handle legal affairs. A law firm may negotiate with the parties concerned in accordance with relevant regulations and collect fees as agreed.
8. Matters not covered in this standard shall be negotiated by the law firm and the parties, and the fees shall be charged as agreed.