"Henan Provincial Lawyers Association lawyer service charges industry guidance"
Article First In order to standardize the behavior of lawyers service charges, safeguard the lawful rights and interests of the client and law firms, and to promote the healthy development of lawyer service industry in the province, according to the "Chinese people's *** and the state price law," "the Chinese people's *** and the state lawyers law " and the national development and reform commission "on the liberalization of some of the service price opinions of the notice" (development and reform price [2014] no. 2755) and other relevant laws, regulations and normative documents, combined with the specific situation of the lawyer service industry in henan province, the development of this industry guidance. Article 2 this guidance applies in accordance with the "Chinese people's *** and the lawyers law" in henan province judicial department registered law firms to provide legal services for the client's fee behavior. Article 3 lawyers service charges follow the principle of openness and fairness, voluntary compensation, honesty and credit, fair competition. Law firms should facilitate the people, strengthen internal management, reduce service costs, to provide clients with convenient and quality legal services. Article 4 lawyers service charges are law firms to accept the commission for legal affairs, to the client service remuneration. Lawyer service charges government guide price and market price adjustment classification management. Our province to implement the government guiding price of the lawyer service charges of the benchmark price and fluctuations in accordance with the prescribed standards. Before the standard is not published, with reference to the implementation of this opinion. Article 5 law firms in accordance with the law to provide the following legal services fees for the implementation of government-guided price: (a) as a criminal case of criminal suspects, the defendant's defense, and criminal cases of private prosecution, the victim's litigation agent; (b) as a citizen requesting payment of labor compensation, compensation for work-related injuries, requesting alimony, fostering, maintenance, requesting a pension, Relief fund, request for social insurance treatment or minimum subsistence allowance treatment of civil litigation, administrative litigation, as well as group litigation cases involving safety accidents, environmental pollution, land acquisition and relocation compensation (compensation) and other public **** interests; (3) agent of administrative litigation; (4) agent of the state compensation cases. In addition to the above lawyer service charges government guide price, other lawyer services, including lawyers as legal adviser, agent arbitration, agent of the case execution and complaint (refers to the agent to bring the case before the retrial of the complaint activities), answer legal advice, writing legal documents, for special legal affairs, and other non-litigation legal affairs, the charges of the implementation of market-adjusted price, the specific amount of the charge and the way, the law firm and the client negotiation to determine. Firm and the client to determine the negotiation. Article 6 Annex for lawyers service charges and fees for industry guidance standards. Law firms can be based on this guide to develop their own lawyers fees, can be within the scope of the provisions of the negotiation with the client to determine the specific fees and charges. Article 7 law firms and the client negotiation lawyer service charges shall take into account the following main factors; (a) the work time consumed; (b) the degree of difficulty of the legal affairs; (c) the number of lawyers required to handle the legal affairs and the undertaking of the lawyer's business capacity; (d) the client's ability to afford and the location of the socio-economic development of the situation; ( (E) the lawyer may bear the practice of risk and responsibility; (F) the lawyer's social reputation and level of work; (VII) for the case of other necessary costs and expenses. Article 8 lawyers service charges can be based on different service content, take piece rate, according to the subject matter of the proportion of charges and time charges. Piece rate generally applies to the legal affairs do not involve property relations; Proportion of the subject matter fee applies to the legal affairs involving property relations; time charge can be applied to all legal affairs. Article IX piece rate refers to each commissioned legal affairs as the basic unit, according to the amount or within the scope, range, limit specifically agreed to collect lawyers service fee billing. Article 10 when handling civil cases involving property relations, the client is informed of the government guide price still request the implementation of risk agency, law firms can implement risk agency fees, except for the following circumstances: (a) marriage, inheritance cases; (b) request for social insurance treatment or minimum subsistence allowance treatment; (c) request for alimony, (C) Requests for the payment of alimony, maintenance, support, pensions, relief, and compensation for work-related injuries; (D) Requests for the payment of labor compensation. Article 11 prohibits the implementation of risk agency fees in criminal, administrative, and state compensation cases, as well as mass litigation cases. article 12 risk agent fees means that the law firm in accepting the commission, only part of the fee, the rest of the service remuneration by the law firm and the client on the commission should achieve the goal, the effect and payment of lawyers service fee of the time, proportion, conditions, etc. Agreed first, to achieve the agreed conditions, according to the agreement to pay the fee; can not achieve the agreement, no longer pay any fees. The implementation of risk agency fees, the law firm shall sign a risk agency fee contract with the client, agree on both sides should bear the risk of responsibility, the way to charge, the amount or proportion of fees. The implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the subject matter of the legal services contract. article 13 hourly fee refers to the law firm according to its legal services consumed effective working hours, within the prescribed standard, according to determine the hourly rate to the client lawyer service fee billing method. The use of hourly fees, after the conclusion of the case, the law firm shall issue a list of work to the client. article 14 law firm in the process of providing legal services on behalf of the client to pay for litigation, arbitration, appraisal fees, notary fees, file search fees, translation fees, travel expenses, cross-border communication costs, expert argumentation fees, and law firms on behalf of the client to pay for other costs (hereinafter referred to as "case fees"), does not belong to the lawyer service fees. They do not belong to the fees for lawyers' services and shall be paid separately by the client. But in the implementation of the risk agency fees, unless otherwise agreed by both parties. The case fee can be paid directly by the client, can also be paid by the law firm. By the law firm on behalf of the payment, the law firm can be pre-charged case handling fees. Law firms need to charge in advance of the case of travel expenses, shall provide the client with cost estimates, by consensus, signed by both parties to confirm. Need to change the cost estimates, law firms shall obtain prior written consent of the client. Article 15 of the lawyer's service fees for the implementation of the price system, law firms should be in the office of the prominent position of all the lawyers services and fees, consciously accept the supervision of the community. Article 16 law firms charge lawyers service fees for matters related to legal services should be signed by both parties within the contract, clear charges, charges, charges, charges, charges, fees, payment methods, time limits, conditions and dispute resolution methods. Article 17 Lawyer service fees and case fees collected by the law firm. Individual lawyers shall not collect any fees from the client. Law firms collect lawyers service fees, shall use the tax department shall provide legal bills. Pre-charged case fee must issue a written confirmation of the bill, and strictly according to the agreed purpose of reasonable use. After the completion of the entrusted matters, should be listed in the case fee list, the tax department to provide legal bills and the client settlement, the balance or can not provide the part of the bill, has been collected the corresponding case fee shall be returned. Article 18 of the handling of foreign or Hong Kong, Macao, Taiwan legal affairs, you can refer to foreign or Hong Kong, Macao and Taiwan law firms or their representative offices in China for similar legal affairs fees. Article 19 law firms shall accept assignment to undertake legal aid cases. Handling legal aid cases shall not charge the recipient any fees. For economic difficulties, but does not meet the scope of legal aid for citizens, law firms can reduce or waive the fee for legal services. Article 20 law firms shall not be aimed at crowding out other law firms, by reducing or waiving the fees for legal services, unfair competition. Article 21 law firms to provide legal services off-site, you can implement the law firm or provide legal services in the location of the lawyer's service fee regulations, but shall be specifically determined in the legal service contract. Article 22 The fee guidelines in the annex to this opinion, the contractor is a lawyer, if two or more lawyers to provide legal services, according to the number of lawyers hired and the situation of the fees calculated separately. Article 23 Because of the dispute over the fees for legal services, the law firm shall negotiate with the client to resolve. Consultation fails, can be referred to the lawyers association where the law firm, the judicial administrative department and the competent department of price mediation, can also be agreed to apply for arbitration or to the people's court in accordance with the law. Article 24 The guidance by the Council of the Henan Provincial Lawyers Association is responsible for interpretation and revision. Article 25 The guidance shall be implemented from the date of publication."Henan Province, the lawyer service charges industry guide standard"
First, the criminal case charges guide standard (a) the criminal case charges in accordance with the stage of the case, respectively, to determine the charges. 1, the investigation stage, the fee per case 3000-15000 yuan. 2, review and prosecution stage, each charge 5000-20000 yuan. 3, the first trial stage, the fee per case 5000-30000 yuan. (2) Second trial, death penalty review, retrial, complaint cases, and criminal private prosecution cases in accordance with the first trial stage of the fees charged for attorney services. (c) If the victim brings a criminal incidental civil litigation case, the lawyer service fee shall be charged in accordance with the fee standard for civil litigation cases. Criminal cases involving the amount of charges, you can refer to the civil case fee standard charges. (d) the suspect, the defendant is involved in several crimes or several criminal facts, according to the crime or criminal facts involved in the charge respectively. Second, the guiding standards for fees in civil cases (a) Civil cases are determined by the stage of the trial to determine the fees. 1. Piece rate The fee for each case that does not involve a property relationship is 2,000-10,000 RMB. 2, according to the subject matter of the proportion of the fee rate 100,000 yuan below the part (including 100,000 yuan), the fee of 3,000-5,000 yuan; 100,000 yuan to 1 million yuan part (including 1 million yuan), 3-5%; 1 million yuan to 10 million yuan part (including 10 million yuan), 2-4%; 10 million yuan to 50 million yuan part (including 50 million yuan), 1-3%; more than 50 million yuan, 0.5-2%. The difference in the amount of the case disputed progressive billing. (ii) the implementation of risk agency fees, the maximum amount of fees in principle shall not be higher than 30% of the property interests agreed with the client. (C) retrial, complaint, and implementation of the case, respectively, with reference to a trial stage to determine the fees and charges for lawyers' service fees. (c) Fees for administrative cases and state compensation cases (i) Fees for administrative cases and state compensation cases are determined on a piecemeal basis for each trial stage. (ii) The piece rate is 3,000-20,000 RMB per case. (C) involving property relations, can be compared to civil cases in proportion to the amount of the subject matter of the fee standard. Fourth, perennial or special legal adviser fees By the law firm and the client negotiated fees. Lawyers as legal adviser during the above types of cases, in accordance with the various types of cases fees charged separately for legal services. V. Hourly fee standards 100 yuan -3000 yuan / effective working hours. Lawyers for legal affairs, the necessary time in transit as well as preparation time is halved to the effective working hours. Six, the following legal services by law firms and the client consensus, can be no more than five times the prescribed fees: (a) involving complex legal relationships, the workload of the lawyer's services is significantly more than the same type of business; (b) involves difficult or specialized issues, the lawyer's professionalism is significantly higher than the same type of business requirements; (c) major foreign legal business or Significant social impact of the legal business; (d) other major, difficult, complex legal affairs.