What is the charging standard for divorce real estate disputes lawyers in Pudong, Shanghai?

1. What is the charging standard for divorce lawyers in Pudong, Shanghai? Article 1 In order to regulate the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of Shanghai's lawyer service industry, according to Article 2 of People's Republic of China (PRC) Price Law, People's Republic of China (PRC) Lawyers Law, and Notice of National Development and Reform Commission on Liberating Some Opinions on Service Prices (NDRC Price [2014] No.2755), law firms legally registered and established within the administrative area of this Municipality are allowed to practice. The fees charged by a branch established by a law firm outside the administrative area of this Municipality shall be governed by the provisions on the location of the branch. Where a law firm provides legal services in different places, these Measures can be implemented, and the charging provisions of the place where the legal services are provided can also be implemented, which shall be determined by the law firm and the client through consultation. Article 3 Fees for lawyers' services refer to the act of law firms accepting entrustment to handle legal affairs and collecting service remuneration from clients. Article 4 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith. Law firms should strive to improve service quality, reasonably control service costs, and provide convenient and high-quality legal services for clients. Article 5 The fees for lawyers' services shall be governed by government-guided prices and market-regulated prices according to different legal services. Article 6 A law firm shall provide the following legal services in accordance with the law, with government-guided prices: (1) Acting as the defender of criminal suspects and defendants in criminal cases, and acting as the agent of private prosecutors and victims in criminal cases; (2) Acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration and compensation for work-related injuries, alimony, maintenance, pension and relief, social insurance or minimum living allowance, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition; (3) Cases in which citizens claim state compensation on their behalf. Article 7 Law firms shall provide legal services other than those stipulated in Article 6 of these Measures, and the market-regulated prices shall be implemented. Article 8 The charging standards for lawyer services subject to government-guided prices shall be implemented in accordance with the Shanghai Government-guided Price Standards for Lawyer Services (see Annex I). If the government-guided price standard needs to be adjusted, it shall be formulated and promulgated by the municipal price department in conjunction with the municipal judicial administrative department in accordance with the prescribed procedures. A law firm shall, within the scope of government-guided price standards, negotiate with clients to determine the charging standards for specific cases. Measures for determining the charging standards for major, difficult and complicated litigation cases (see Annex II) can be determined through consultation between the law firm and the client within 5 times (including 5 times) of the prescribed standards. Article 9 A law firm shall not engage in monopolistic behavior prohibited by the Anti-Monopoly Law of the People's Republic of China in the process of providing lawyer services. The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients. Law firms should consider the following main factors when negotiating the fees for lawyer services with clients: (1) working hours spent; (two) the difficulty of legal affairs; (3) the client's affordability; (four) the risks and responsibilities that law firms and lawyers may bear; (five) the social reputation and working level of law firms and lawyers. Article 10 According to the different service contents, the lawyer services with government-guided prices can be charged by piece, in proportion to the bid amount and by time, and no other fees can be charged. Lawyer services with market-regulated prices can be charged by piece, according to the proportion of the target amount, by time and other charging methods. The specific charging method shall be determined by the law firm and the client through consultation in accordance with these Measures. Article 11 Piece-by-piece charging refers to the method of charging lawyers' service fees on the basis of each entrusted matter. Piece rate is generally applicable to legal affairs that do not involve property relations. Article 12 Charging according to the proportion of the bid amount refers to the charging method of charging lawyers' service fees according to a certain proportion of the bid amount involved in this legal service. Charges in proportion to the winning bid amount are applicable to legal affairs involving property relations. Article 13 Time-based charging refers to the method of charging lawyers' service fees according to the lawyer's time-based charging standards and the charging hours for handling legal affairs. Time charge is applicable to all legal affairs. Billing working hours are the effective working hours for lawyers to handle legal affairs, including the necessary time for lawyers to know the case from clients, investigate and collect evidence, consult case files, draft litigation documents and legal documents, meet people with restricted personal freedom, appear in court, participate in mediation and negotiation, discuss work plans, handle various formalities and handle other related legal affairs. Article 14 If a law firm implements the risk agency fee at the request of the client, it shall sign a risk agency fee contract with the client, stipulating the risk liability, charging method, charging amount or proportion that both parties should bear. It is forbidden to carry out risk agency fees in marriage, inheritance cases, criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. Article 15 When accepting entrustment, a law firm shall fully disclose the relevant information of lawyer service fees to the client, sign a lawyer service fee contract with the client or specify the fee terms in the entrustment contract. The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc. A law firm may sign a lawyer service fee contract with the client or specify the fee terms in the agency contract, and the fee terms may refer to the model text formulated by the Municipal Lawyers Association. After signing a contract with the client, the law firm shall not unilaterally change the charging items or the amount of fees. If it is really necessary to change, both parties shall reach an agreement through consultation and re-sign a written agreement. Article 16 The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees and other fees paid by a law firm on behalf of the client with the written consent of the client in the process of handling legal affairs are not lawyers' service fees and should be paid separately by the client. Travel expenses for handling cases in different places do not belong to the lawyer's service fee, and shall be paid separately by the client. If a law firm needs to collect travel expenses in advance for handling cases in different places, it shall provide the client with an estimate of the expenses, which shall be signed and confirmed by both parties after consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance. When settling the fees listed in the preceding two paragraphs, the law firm shall provide the client with a list of fees paid on behalf of the client and a list of travel expenses for handling cases in different places and valid certificates. The customer may not pay the part that cannot provide valid vouchers. Article 17 When a law firm collects lawyer service fees from clients, it shall issue legal bills. Lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be uniformly collected by law firms, and law firms and contractors shall not charge other fees from clients in any name. Article 18 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases. In the process of handling legal affairs, a law firm shall help its clients to apply for legal aid if it finds that their clients meet the conditions of legal aid in this Municipality. Article 19 A law firm may, at its discretion, reduce or waive the lawyer's service fees for clients in the following cases that do have financial difficulties but do not meet the conditions of legal aid in this Municipality: (1) Requesting to pay labor remuneration and compensation for work-related injuries; (2) Requesting to pay alimony, alimony and alimony; (3) Requesting pensions and relief funds; (4) Requesting social insurance benefits or minimum living security benefits; (five) involving safety accidents, environmental pollution, land acquisition and demolition compensation (compensation) and other public interests; (6) Requesting state compensation; (seven) other unable to bear the lawyer's service fee due to special circumstances. Twentieth lawyer service charges should be clearly marked. A law firm shall publish the information related to fees in a prominent position in the office and the official website of the law firm, such as the measures for the administration of fees for lawyers' services in this Municipality, the government-guided price standards, the methods for identifying major difficult and complicated cases, the timing rules for lawyers' effective working hours in handling legal affairs, the telephone number of complaints and reports, the lawyer's service items, the charging standards and the charging methods, and accept social supervision. Article 21 Where a lawyer requests to terminate the entrustment relationship due to fault or without justifiable reasons, or the client requests to terminate the entrustment relationship due to fault or without justifiable reasons, the refund and compensation of relevant fees shall be handled in accordance with the charging terms stipulated in the lawyer service charging contract or the entrustment contract. If there is no agreement, it shall be handled in accordance with the principles of contract law. Twenty-second disputes arising from lawyer service fees, law firms should negotiate with clients to solve. 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. Article 23 The judicial administrative department, price department and market supervision department of this Municipality shall strengthen the supervision and inspection of law firms and lawyers' legal service activities according to law. If there are illegal charges against law firms and lawyers, the competent price department, judicial administrative department and market supervision department of this Municipality shall impose administrative penalties according to relevant laws and regulations. Article 24 The Lawyers Association of this Municipality shall give full play to the role of industry self-discipline, strengthen the regulation and guidance of lawyers' service charges, and impose industry sanctions on violations according to industry rules. Twenty-fifth citizens, legal persons and other organizations can report or complain to the competent price department, the judicial administrative department, the market supervision department or the lawyers association through letters, calls and visits. Twenty-sixth of the city's grassroots legal service charges management with reference to these measures. Twenty-seventh approach by the Municipal Development and Reform Commission and the Municipal Bureau of justice is responsible for the interpretation of. Article 28 These Measures shall be implemented as of April 30, 1965 and shall be valid until March 30, 2022. The Notice of Shanghai Municipal Development and Reform Commission and Shanghai Municipal Bureau of Justice on Printing and Distributing the Implementation Measures for the Management of Lawyers' Service Fees in Shanghai (No.004 [2009] of Shanghai Development and Reform Commission) and the Notice of Shanghai Price Bureau and Shanghai Municipal Bureau of Justice on Printing and Distributing the Government Guidance Price Standard of Lawyers' Service Fees in Shanghai (No.004 [2009] of Shanghai Price Fee) shall be abolished at the same time. Appendix 1: Shanghai government-guided price standard for lawyer service charges I. Piece-by-piece charging method (1) Being the defender of criminal suspects and defendants in criminal cases, the private prosecutor and the agent of victims in criminal cases; 1. Defenders of suspects and defendants: investigation stage: 1500- 10000 yuan/piece; Review and prosecution stage: 2000- 10000 yuan/piece; Preliminary stage: 3000-30000 yuan/piece. 2. Those who represent criminal private prosecution cases or act as victims' agents shall be charged as appropriate according to the above standards. (2) Acting for other cases that do not involve property rights and implement government-guided prices: 3000- 12000 yuan/piece. 2. According to the proportion of the winning bid. Cases involving property relations can be charged according to the amount of the subject matter involved in legal services in the following proportion:100000 yuan (including100000 yuan), and the following part is 8%- 12%. If it is less than 3,000 yuan, 3,000 yuan can be charged; 6.5438+10,000 yuan to 6.5438+10,000 yuan (including 6.5438+10,000 yuan), the proportion of some expenses is 5%-7%; 6.5438+00,000 yuan to 6.5438+00,000 yuan (including 6.5438+00,000 yuan), part of the cost is 3%-5%; 65.438+million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) accounted for 65.438+0%-3%; 1 100 million yuan or more is charged at a rate of 0.5%- 1%. Three, the implementation of the government guidance price by the time charge agent, the time charge standard is 200-3000 yuan/hour. Four. Explanation of charges (1) If a criminal suspect or defendant in a criminal case involves several charges or several criminal facts at the same time, they may be prosecuted according to the charges or criminal facts involved. If the civil litigation part of the criminal incidental civil litigation case falls within the scope of government guidance price, it shall be charged according to the standard of civil litigation case; If it falls within the market-regulated price range, it shall be determined by the law firm through consultation with the client. (two) civil and administrative litigation cases involving both property relations and non-property relations, can be calculated and charged according to the higher. A counterclaim case may be determined by the law firm and the client through consultation according to the charging standard of this case. (3) Acting as an agent in all kinds of litigation cases, in accordance with the standards of first instance. (four) major, difficult and complicated litigation cases can be determined within 5 times (including 5 times) of the prescribed standards after consultation between the law firm and the client. (5) Unless otherwise specified, the above charging standards refer to the charging standards in the first instance of litigation cases. If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If it represents the previous stage, the fee will be halved from the latter stage. Appendix 2: Determination Method of Major, Difficult and Complicated Litigation Cases in Lawyer's Service Fee 1. The following litigation cases can be agreed in the agency (charging) contract as major, difficult and complicated litigation cases: (1) criminal cases that should be tried by a collegial panel according to law; (2) Cases of first instance under the jurisdiction of the people's court at or above the intermediate level (including the intermediate level); (three) litigation cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security, judicial administration and other organs; (four) cases that have aroused widespread concern in society and have great social impact; (5) New types of cases; (6) Cases involving Hong Kong, Macao and Taiwan or foreign affairs that have significant social impact; (seven) the case handling organ decides that other professionals are needed to participate in the case handling; (eight) the case is complex, involving more than three (including three) legal relations; (nine) other important, difficult and complicated cases determined by the law firm and the client through consultation. Two, the law firm in accordance with the measures referred to in major, difficult and complicated litigation cases and clients to negotiate fees, fees can be determined within 5 times (including 5 times) of the standard stipulated in the "Shanghai government guidance price standard for lawyer service fees", and the accumulated fees shall not be repeated. Third, the law firm, as a general case, accepted the entrustment and carried out specific agency work, which was found to be a major, difficult and complicated litigation case. In the process of handling cases, a law firm can negotiate with the client in time to change the principal-agent (fee) contract or re-sign the principal-agent (fee) contract. 4. After signing the entrustment (fee) contract with the law firm, the client is still in dispute over whether it is a major, difficult or complicated litigation case. If no consensus can be reached through consultation, both parties may apply to the Shanghai Lawyers Association for mediation, arbitration or bring a lawsuit to the people's court. Based on the above, what is the charging standard for divorce real estate disputes lawyers in Pudong, Shanghai? Generally speaking, the charging standard depends on the case. If it is an ordinary case, the charge is generally several thousand dollars. If it involves the division of a large amount of property, the lawyer's fee is relatively high, and the money will be paid according to the proportion of the property, so the fees for different cases will be different.