Lawyers' service charges shall be subject to market-regulated prices, and the specific amount and method of charges shall be determined by the law firm through voluntary consultation with the clients with reference to this standard. However, if the National Development and Reform Commission and the relevant government departments stipulate that the fees for lawyer services shall be subject to government guidance, such provisions shall prevail.
(1) The following charging standards for lawyer services with government-guided prices shall be formulated by the provincial price department in conjunction with the provincial judicial administrative department.
(1) as the defender of criminal suspects and defendants in criminal cases and the agent of private prosecutors and victims in criminal cases;
(2) Acting as an agent in civil and administrative litigation in which citizens request to pay alimony, alimony, alimony, social insurance and minimum living allowance;
(3) Acting as an agent for cases in which citizens request payment of labor remuneration, industrial injury compensation and state compensation, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution and compensation (compensation) for land acquisition and demolition.
(two) for the implementation of industry guidance of legal services, law firms charge legal service fees according to the following standards:
Acting as an agent in civil litigation and arbitration cases
1. If the property right relationship is not involved, the benchmark charging standard is 5,000-20,000 yuan/piece, and the maximum floating range does not exceed 100%.
2, involving property rights, according to the amount of litigation, arbitration (dispute), according to the proportion of cumulative charges:
(1) The proportion of fees for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 8%- 10%, and each item with less than 5,000 yuan will be charged at 5,000 yuan;
(2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) 6%-8% of 500,000 yuan to1000,000 yuan (including 6.5438+0,000 yuan);
(4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 4%-6% of 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan);
(6)/kloc-3%-5% of RMB 0/00000 to RMB 20 million (inclusive);
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
(8) 50 million yuan or more 1%-3%.
The above-mentioned charging standards are the charging standards for civil litigation and arbitration cases at the first instance stage. Acting as an agent for second instance, retrial proceedings, or arbitration cases, and refusing to execute or cancel the arbitration award shall be implemented with reference to the above-mentioned charging standards for the first instance stage. If the same law firm represents the same case in different stages of trial again, it can give a discount of no more than 50%. If there are counterclaims and counterclaims in this lawsuit, counterclaims shall be calculated cumulatively according to the target amount.
Acting as an agent in administrative litigation cases
The charging standard for administrative litigation cases shall be implemented with reference to the charging standard for civil litigation cases.
Acting for all kinds of litigation and appeal cases.
The charging standards for handling criminal incidental civil litigation and various litigation cases shall be implemented with reference to the charging standards for handling civil litigation cases.
Acting execution case
Cases executed independently shall be charged according to the charging standard for civil cases of first instance; To undertake cases of first and second instance, the lawyer's fee may be appropriately reduced or exempted within 50%.
legal advice
1, 100 per hour -500 yuan, where less than one hour is counted as one hour;
2. Charge 500- 1000 yuan for legal affairs documents.
Non-litigation business expenses
Non-litigation business fees can be charged in three ways: piece rate and time rate. The time rate is 1000-3,000 yuan/hour, and complex legal services can be charged within 2 times of the above standard. According to the charging standard of the amount involved, refer to the charging standard of agency civil litigation cases.
Charges involving the following non-litigation businesses shall be charged according to the following standards:
1. If a credit investigation, credit opinion, consultation proposal and lawyer's witness are officially issued, the basic fee for each piece shall not be less than 5,000 yuan. If a legal proposal or lawyer's opinion is formally issued, the two parties shall negotiate the fees according to the workload and other specific circumstances. If it is necessary to issue a legal proposal or lawyer's opinion on the basis of preliminary due diligence, the minimum is not less than 30,000 yuan per copy.
2, review, draft and modify the contract and articles of association, each basic cost is not less than 2000 yuan. Participate in the project negotiation, and both parties will negotiate the expenses according to the workload and other specific conditions. Drafting, amending complicated contracts and articles of association or participating in complicated negotiations, or involving the subject matter of a contract of more than 50 million yuan, each piece shall not be less than 30,000 yuan.
3. Non-litigation legal services for investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major engineering construction, foreign-related business, etc. If it is necessary to conduct comprehensive due diligence, design transaction structure, participate in project negotiation, draft major transaction documents or issue legal opinions, the expenses shall be accumulated in proportion to the amount involved:
(1) 1 10,000 yuan (including 1 10,000 yuan), the following fees shall not be less than 50,000 yuan;
(2) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(3) 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 3%;
(4) 1 1,000,000 yuan to 5,000,000 yuan (inclusive) is 2%;
(5) The portion from 50 million yuan to 654.38+billion yuan (including 654.38+billion yuan) is above 1 billion yuan, and the special legal services for real estate projects are charged according to the total investment of the project.
5, as a perennial legal adviser.
As a perennial legal adviser, fees can be fixed and fixed, or they can be combined.
If the annual fixed fee is adopted, the annual fee can be determined according to the lawyer's expected working hours, the annual turnover of the consulting unit, the legal risk degree of the consulting unit, the cost of the law firm, the lawyer's legal service level and other factors, and charged according to the following standards:
(1) As a perennial legal consultant of government agencies and institutions, it is 50,000-200,000 yuan/year, which can be raised reasonably;
(2) As a perennial legal consultant for large enterprises, 1.2 million yuan-800,000 yuan/year, which can be reasonably floated;
(3) Serving as a perennial legal consultant for medium-sized enterprises, 600,000-600,000 yuan/year, which can be reasonably floated;
(4) As a perennial legal consultant for small (micro) enterprises, the salary is 50,000-200,000 yuan/year, which can be reasonably increased.
The annual time charge is adopted, and the time charge standard is 500 yuan-3,000 yuan/hour. The hourly rate of perennial legal counsel in foreign affairs, securities, intellectual property rights, tax law and other specialized fields can be increased by no more than 2 times on the basis of the above standards.
The service items recorded in the industry guidance price list may be charged by the risk agent on the basis of negotiation between the two parties.
(four) for major, difficult, complicated and time-consuming cases, you can negotiate with the parties to increase the fees, which should generally be within 5 times of the fees.
Second, to find a lawyer to pay first or to pay the lawsuit first.
1. Lawyers charge first: general agent.
In the legal profession, it is common to pay legal fees first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with a lawyer, the general parties need to pay the fee first. However, it should be noted that if the fees charged by lawyers for representing cases are in stages, the fees charged by first instance, second instance and execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of fees first: semi-risk agency.
Although the service is paid first in principle, in some cases, the parties may have financial difficulties or other circumstances, and they can negotiate with the law firm or lawyer to pay part first, and then pay the rest after the implementation is in place.
3. Attorney's fee after closing the case: risk agent.
Risk agency, as its name implies, is a charging model for lawyers and clients to bear certain risks. This kind of risk agent will charge a higher fee, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it should not be too high. Under normal circumstances, the maximum charge amount shall not be higher than 30% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
To sum up, although there are three modes of attorney fees, they basically require the parties to pay in full or in part in advance. If you really can't afford a lawyer in a lawsuit, you can see if you meet the standards of legal aid and try to apply for free legal aid services.
Third, what should I do if I can't solve the dispute?
Remind you: As people's legal awareness becomes stronger and stronger, they will be more inclined to take up legal weapons to protect themselves when they encounter disputes in their lives. If you want to find a lawyer, there are experienced lawyers from all over the country, so that professional lawyers can share your worries.
1, lawyers can help the parties analyze the case, advantages and disadvantages.
When encountering legal disputes, quite a few parties know little about the law. After hiring a lawyer, a lawyer who is familiar with laws and procedures can help analyze the case, point out the maze, and let the parties know their position in the lawsuit, thus laying a good foundation for legally exercising their rights.
2. Lawyers can help the parties to investigate the evidence.
After the parties have hired a lawyer, the lawyer may investigate the relevant units and individuals and obtain relevant evidential materials beneficial to the parties. Lawyers also have the right to consult the case file and fully understand the case. This provides a greater possibility for the parties to fight a good lawsuit and earnestly safeguard their legitimate rights and interests.
3. After accepting employment litigation, lawyers shall appear in court to participate in litigation, participate in court investigations and court debates, and state their opinions and requirements according to law.
Tips: In the actual legal problem scenario, the details of the case are different. In order to solve your problems accurately and quickly and protect your legitimate rights and interests, I suggest you click the button below to explain to a professional lawyer in detail and solve your actual problems one by one.