Municipal price bureaus and judicial bureaus:
In view of the expiration of the implementation period of the Notice of the Provincial Price Bureau and the Provincial Department of Justice on Re-formulating the charging standards for lawyers' services in Anhui Province (Wan Jia Fu [2065 438] 18No.), in order to further standardize the charging behavior of lawyers' services and safeguard the legitimate rights and interests of clients and lawyers, according to the National Development and Reform Commission and the Ministry of Justice "On Printing and Distributing"
Notice (documentNo. [2006]6 1 1) stipulates that the charging standards for lawyers' services in Anhui Province are now re-announced, and relevant matters are notified as follows:
I. See Annex for the items and standards of lawyers' service charges subject to government-guided prices. A law firm may, according to the local economic and social development, the difficulty of the case, the lawyer's social reputation, service ability, possible risks and responsibilities and the client's ability to pay, negotiate with the client to determine the specific charging standards within the prescribed scope. Lawyers act as legal advisers, represent arbitration, represent case execution and appeal (referring to appeal activities before retrial), answer legal advice, write legal affairs documents, handle special legal affairs and other non-litigation legal affairs, and the price is regulated by the market. The specific amount and method of fees shall be determined by the law firm and the client through consultation.
Second, the charging standard stipulated in the annex is subject to the client's hiring a lawyer. If the client employs more than two lawyers, the law firm may charge fees by piece or by time according to the number of lawyers hired.
3. Lawyers who handle criminal, civil and administrative cases (including cases of second instance, retrial and retrial) and state compensation cases with complicated cases, take a long time, and have great influence may negotiate with clients to increase the amount of fees, but the maximum amount shall not exceed 5 times of the upper limit of fees stipulated in this article (except risk agency fees). The criteria for determining major, difficult and complicated cases and related measures shall be formulated separately by the Provincial Lawyers Association, and published after being submitted to the Provincial Price Bureau and the Provincial Justice Department for examination and filing.
Four, to handle foreign-related or Hong Kong, Macao and Taiwan-related legal affairs, law firms should refer to the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to handle similar legal affairs.
Five, lawyers handling legal aid cases, law firms shall not charge any fees to the recipients. For clients who are unemployed, urban and rural residents, rural "five guarantees" and key special care recipients, the disabled, etc. who do not meet the requirements of legal aid, and who suffer losses in the line of duty and ask for compensation (except due to accidents), or who ask for maintenance, support and alimony, or who have real difficulties in life such as labor insurance, labor remuneration, pensions and relief funds, the law firm may reduce or exempt the lawyer's service fees as appropriate.
Six, the law firm shall go through the formalities for changing the service price registration certificate to the competent price department at the same level, produce the charging voucher, and publicize the management measures and charging standards of lawyer services in a prominent position in the charging place, and accept the supervision of the competent price department and the society.
Piece rate
(1) Acting as an agent in criminal proceedings
1. Charge in stages for criminal cases:
(1) investigation stage 1200-8000 yuan/piece
(2) Review and prosecution stage 1200-8000 yuan/piece.
(3) probation period 1200- 15000 yuan/piece.
2. As the agent of the defendant in a criminal private prosecution case or the agent of the victim in a criminal case, the fees shall be reduced according to the above standards.
3. If a criminal case is incidental to a civil action, the incidental civil action fee shall be charged according to the standard of agency civil action cases.
(2) Acting as an agent in civil litigation, administrative litigation and state compensation cases
1. If the property relationship is not involved or the disputed object is below 654.38+10,000 yuan (including 654.38+10,000 yuan), the basic agency fee is1000-8,000 yuan per piece;
2. If the property relationship involving more than 654.38 million yuan is involved, in addition to the basic agency fee, the fees shall be accumulated by stages according to the size of the disputed subject matter:
65438+ 10,000 yuan-500,000 yuan (including 500,000 yuan) 4-6%
More than 500,000 yuan-6,543.8+0,000 yuan (inclusive) 3-5%
1 10,000 yuan-5 million yuan (including 5 million yuan) 2-4%
More than 5 million yuan-10/00000 yuan (including100000 yuan) 1-3%
/kloc-more than 0/00000 yuan 1-2%
(3) Acting as an agent in criminal, civil and administrative second instance cases, retrial cases and criminal death penalty review cases, and implementing the charging standard of first instance; But if you represent the first trial and then the second trial, or the second trial and then the retrial, or the first trial and then the second trial and then the retrial, the fee will be reduced or exempted according to the standard of the first trial.
Time cost
When a lawyer handles the above legal affairs, the law firm can charge by the hour. The specific criteria are as follows:
(a) 60- 1 hour 200 yuan, less than 1 hour more than 30 minutes, according to 1 hour; No charge for less than 30 minutes.
(2) Working hours are the effective working hours for lawyers to handle legal affairs, including the time for accepting legal advice from clients, understanding the case from clients, investigating and collecting evidence, consulting case files, drafting litigation documents and legal documents, meeting with criminal suspects and defendants, responding in court, participating in mediation and negotiation, handling various formalities and handling other related legal affairs. The specific calculation shall be determined by the law firm and the client through consultation. Lawyers spend half their time on the road (including the same city) when dealing with legal affairs.
Risk agency fee
Risk agency fee means that when a law firm accepts the entrustment, the law firm and the client agree in advance on the purpose, effect, time, proportion and conditions of paying the lawyer's service fee, and if the agreed conditions are met, the fee will be paid as agreed; If no agreement can be reached, no more fees will be paid. To implement the risk agency fee, the law firm shall sign a special risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging period, charging amount or proportion that both parties should bear. The government-guided price of the client shall be clearly informed in the contract. The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Second, the lawyer service charge contract knowledge
The charging contract or charging terms shall include:
1, charging items
2. Charge standard
3, the subject of the dispute,
4. Charging method,
5, the amount of fees,
6. Payment and settlement methods
7. Dispute settlement, etc.
After signing a contract with the client, the law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance. The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees, data copying (printing) fees paid by the law firm on behalf of the client in the process of providing legal services are not lawyer service fees, and shall be paid separately by the client.