Legal basis: Article 4 of the Measures for the Administration of Lawyers' Service Fees.
Lawyers' service fees are subject to government guidance and market adjustment.
Article 5 of the Measures for the Administration of Lawyers' Service Fees
A law firm shall provide the following legal services according to 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 the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 of the Measures for the Administration of Lawyers' Service Fees
The benchmark price and floating range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 of the Measures for the Administration of Lawyers' Service Fees
The government should listen to the opinions of all sectors of society when formulating the charging standards for lawyer services, and hold hearings when necessary.
Article 8 of the Measures for the Administration of Lawyers' Service Fees
The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard according to the average compensation cost of lawyer services, plus reasonable profits and statutory taxes.
Article 9 of the Measures for the Administration of Lawyers' Service Fees
The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients. The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 of the Measures for the Administration of Lawyers' Service Fees
According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time. Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs.
Eleventh "measures for the administration of lawyers' service charges"
When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, the risk agency fee may be implemented, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(4) Request for payment of labor remuneration, etc.
Article 13 of the Measures for the Administration of Lawyers' Service Fees
To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear. The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Article 14 of the Measures for the Administration of Lawyers' Service Fees
A law firm shall strictly implement the measures and standards for the management of lawyer service charges formulated by the competent price department in conjunction with the judicial administrative department at the same level.