Sichuan Lawyers Association [20 16] No.39
City and state bar associations:
"Sichuan lawyers' legal service charges guiding standards (Trial)" has been considered and adopted at the sixth meeting of the eighth Council of the Provincial Lawyers Association, and is hereby issued.
Attachment: Guiding Standards for Lawyers' Legal Service Fees in Sichuan Province (for Trial Implementation)
Sichuan province lawyers association
2065438+June 6, 2006
Newspaper: office leader
Send: our office, our lawyer's notary office.
Issuer: Directors and Supervisors of the Association.
Issued by the Secretariat of Sichuan Lawyers Association on June 6, 2006.
Guiding Standards for Lawyers' Legal Service Fees in Sichuan Province (for Trial Implementation)
According to the Notice of the National Development and Reform Commission on Liberating Some Service Prices (NDRC Price [2014] No.2755) and the Notice of Sichuan Development and Reform Commission on Implementation (ChuanNDRC Price [20 15] 13), the market regulation is formulated and implemented in combination with the actual situation of lawyer services in our province.
First, the charging method.
1. According to the different service contents and methods, the lawyer's service fee can be fixed, piecework, proportional to the bid amount, time-based and risk agency, or independent or comprehensive.
2. If the legal service fee is fixed, the client and the law firm shall negotiate to determine the specific fee amount according to the nature of the business, the target amount, the major difficulty and the practice risk, and determine it in the entrustment contract.
3. If the legal service fee is charged by piece, the client and the law firm shall determine the amount of the fee according to the size of the subject matter of the case and a certain rate. It is suitable for the lawyer business with simple business and small target amount.
4. If the legal service fee is charged according to the proportion of the subject matter, the client and the law firm shall calculate the legal service fee by stages according to the size of the subject matter of the case.
5. If the legal service fee is charged by time, the client and the law firm shall negotiate the hourly rate according to the business nature, target amount, major difficulty, practice risk, law firm cost, lawyer's legal service level and other factors. If more than one lawyer provides legal services, the hourly rate can be calculated separately according to the working hours and experience of the lawyers, or the average hourly rate can be charged uniformly, and the service time of each lawyer is calculated cumulatively. The travel time for lawyers to handle local legal affairs is halved, and the time spent on transportation and the necessary stay in other places is halved. A lawyer shall fill in the work log in a timely and accurate manner, and the time list submitted to the client shall be reviewed by the competent partner or the person in charge of the firm.
6. If the legal service fee is charged by means of risk agency, the client and the law firm shall negotiate and determine it according to the amount of the disputed subject matter, the difficulty of achieving the agency goal, the number of litigation stages covered by the agency work and other factors.
Second, the industry guidance price list and standards
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property relationship is not involved, the charging standard is 5000-30000 yuan/piece, which can be reasonably increased.
2 involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
(1) 100000 yuan (including100000 yuan), 8%- 10% will be charged for the following part, and 5000 yuan will be charged for the part less than 5000 yuan;
(2) 7%-9% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) 6%-8% of 500,000 yuan to 6,543.8+0,000 yuan (including 6,543.8+0,000 yuan);
(4) 5%-7% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 1 4%-6% of ten thousand yuan (including 1 ten thousand yuan);
(6) 1 10,000 yuan to 20 million yuan (including 20 million yuan) 3%-5%;
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
(8) 50 million yuan or more 1%-3%.
3. The above two charging standards are the charging standards for representing civil cases (including cases in which lawyers only represent civil parts as parties to criminal incidental civil proceedings) in the first instance. Acting as an agent for a second instance or retrial case alone, or acting as an agent for arbitration cases, or refusing to execute or cancel the arbitration award, it 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 this lawsuit represents both counterclaims and counterclaims, counterclaims and counterclaims will reduce the first-instance charges of civil cases as appropriate according to the amount of the subject matter.
4 foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) charging standards shall be implemented in principle with reference to the charging standards for civil litigation cases of first instance. Involving multilingual legal services, you can charge no more than 3 times the fee on the basis of the above standards. With the consent of the client, the law firm may also consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to determine the amount of fees.
5. For major, difficult and complicated civil litigation and arbitration cases, the charging standard can be increased by no more than 3 times on the basis of the charging standard in the first instance of civil litigation cases. The following cases are major, difficult and complicated civil litigation and arbitration cases:
(1) People's courts at or above the intermediate level accept cases of first instance;
(2) * * * Cases involving three or more parties;
(3) Disputes over intellectual property rights, unfair competition, goodwill rights and reputation rights;
(4) Cases with difficulty in obtaining evidence;
(5) New types of cases;
(6) Cases involving more than two legal relationships;
(seven) cases involving professional knowledge and requiring the assistance of non-legal professionals;
(eight) other civil litigation and arbitration cases that the law firm and the client think are significant, difficult and complicated.
6. Risk agency fees can be executed in civil litigation and arbitration cases. Where property relations are involved, the risk agency fee is 6%-30% of the disputed object, and the basic agency fee can be charged according to the case acceptance fee of the people's court or arbitration institution. In principle, the all-insurance agency method without basic agency fee cannot be adopted.
7. Lawyers' fees can be charged by time in civil litigation and arbitration cases. The standard of time charge is 500 yuan-3,000 yuan/hour, and no more than 2 times can be charged on the basis of the above standard if it meets the above item 5.
8. Implementation case:
(1) The execution cases independently undertaken shall be charged according to the amount of the execution target and the charging standard of the first trial stage;
(2) In case of first trial or second trial, in principle, the charge is 50%-80% of the charge standard in the first trial stage. Major execution cases with great difficulty and complicated execution procedures shall be charged according to the charging standard of the first instance stage;
(3) Agency execution cases can also be used for risk agency or charge by time according to the above charging standards.
9. Acting as an agent for civil appeal cases shall be charged according to the charging standard of the first-instance stage of acting as an agent for civil litigation cases. For complex and difficult cases, the charge shall not exceed 1.5 times, and risk agency or time charge may also be conducted according to the above provisions.
(2) Acting as an agent in administrative cases
1. The charging standards for administrative litigation, reconsideration, trial and other cases shall be implemented with reference to the charging standards for the above-mentioned civil cases.
2. Acting as an agent for administrative cases, referring to the charging standards for civil appeals.
(3) Special expenses for non-litigation business
The charging standard of non-litigation business generally adopts time charging, piece-rate charging or charging according to the amount involved.
The charging standard for 1. hour is 500 yuan-3,000 yuan/hour, and the fees for complex legal services can be increased by no more than 2 times on the basis of the above standards.
2. Piece-by-piece fees, clients and law firms can reasonably float on the basis of the following minimum fees according to the amount involved and the complexity of the project:
(1) Legal consultation and simple contract modification, with the minimum fee not lower than that of 500 yuan;
(2) The minimum cost of drafting a contract or modifying a complex contract shall be no less than 2,000 yuan;
(3) to participate in simple project negotiations, the minimum fee is not less than 2000 yuan;
(4) The minimum fee for issuing legal opinions on simple and single matters is not less than 5,000 yuan;
(5) The minimum fee for issuing legal opinions based on preliminary due diligence is not less than 30,000 yuan.
3. Non-litigation legal services such as investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major project construction and foreign-related business. , which requires comprehensive due diligence, design of transaction structure, participation in project negotiation, drafting of major transaction documents or issuance of legal opinions, shall be collected in proportion and in stages according 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) 50 million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) is 0.9%;
(6) 0.5% of the part above 65.438+0 billion yuan.
(four) as a perennial legal adviser.
1. If the annual fixed fee method is adopted, the annual fee can be determined according to the estimated working hours of lawyers, the annual turnover of consultants, the legal risks of consultants, the cost of law firms, the legal service level of lawyers and other factors, which can be charged with reference to the following standards:
(1) As a perennial legal consultant of government agencies and institutions, it is 300,000-200,000 yuan/year, which can be raised reasonably;
(2) As a perennial legal consultant for large enterprises, it is 6.5438+10,000 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) Being a legal consultant for small (micro) enterprises all the year round, the salary is 200,000-200,000 yuan/year, which can be reasonably increased.
2. If the annual hourly fee is adopted, the hourly fee standard is 500 yuan-3,000 yuan/hour, and the hourly rate of perennial legal advisers in foreign-related fields, securities, intellectual property rights, tax law and other special fields can be increased by no more than 2 times on the basis of the above standards.
(5) The legal fees, arbitration fees, appraisal fees, notarization fees, case file retrieval fees, translation fees, travel expenses for handling cases in different places, cross-border communication fees, expert argumentation fees and other fees paid by the law firm on behalf of the client are not lawyers' service fees and should be paid separately by the client.
(six) the following types of cases are subject to government guidance:
1. Cases of acting as defenders of criminal suspects and defendants, as well as private prosecutors and victims' agents in criminal cases;
2. Citizens request to pay labor remuneration, compensation for work-related injuries, alimony, maintenance fees, pensions and relief funds, and act as agents for group litigation cases involving public interests, such as civil litigation, administrative litigation, safety accidents, environmental pollution, compensation (compensation) for land acquisition and demolition, etc.;
3. Cases in which citizens request state compensation.
Three. supplementary terms
1. The law firm shall announce the lawyer service items and charging standards in a prominent position, and consciously accept the supervision and inspection of relevant competent departments, industry associations and society.
2. If the law firm fails to charge fees according to the industry guidance standards, causing adverse effects, the Disciplinary Committee of Sichuan Lawyers Association shall take supervision and management measures such as interviews and internal notification to its responsible person.
3. The service contents, service objects, charging items, charging methods, charging standards, charging amounts, payment and settlement methods and dispute settlement methods shall be specified in the agency contract between both parties.
4. When the law firm collects the lawyer's service fee, it shall issue an equal, legal and effective invoice to the client.
5. The guiding standard of this charging industry shall be interpreted by the office meeting of the president of Sichuan Lawyers Association.
6. This guiding standard for the charging industry was reviewed and approved by the sixth meeting of the eighth Council of Sichuan Lawyers Association, and it has been tried out since June 17.