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Attachment 1:
Government-guided price standard for lawyer service charges in Shanghai
A, piece rate method
(a) as a defender of criminal suspects and defendants in criminal cases, and as an agent of private prosecutors and victims in criminal cases;
1, as the defender of criminal suspects and defendants in criminal cases:
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. Charge in proportion to the amount.
When acting as an agent in cases involving property relations, the expenses may be accumulated by stages according to the subject amount involved in legal services in the following proportions:
The proportion of part of the fee below 65438+ 10,000 yuan (including 65438+ 10,000 yuan) is 8%- 12%, and less than 3,000 yuan can be charged at 3,000 yuan;
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%.
Third, time charges.
Acting as an agent to implement government-guided prices, the hourly fee is 200-3000 yuan/hour.
Four. Expense description
(1) If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one 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, which shall be implemented according to 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, it will be charged by half from the latter stage.
Attachment 2:
Measures for the determination of major, difficult and complicated litigation cases in lawyer service charges
First, the following litigation cases can be agreed in the agency (fee) 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.