Chapter I General Provisions ............................. 1
Chapter II Formulation of Charging Standards
Chapter III Charge Management
The fourth chapter fault liability ....................................................................................................................... 6
Chapter V Price Supervision and Inspection
Chapter VI Supplementary Provisions -8
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and other relevant laws and regulations in order to standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and law firms, and promote the healthy development of lawyers' services.
Article 2 These Measures shall apply to the charging behavior of law firms established in accordance with the Lawyers Law of People's Republic of China (PRC) to provide legal services to clients.
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, honesty and credibility, consensus through consultation and convenience for the people.
Law firms should strengthen internal management, reduce service costs, and provide clients with quality and cheap legal services.
Article 4 Lawyers' service charges belong to operating service charges, and the management mode of combining government-guided prices with market-regulated prices is implemented.
Article 5 The competent pricing department of the State Council shall, jointly with the judicial administrative department at the same level, formulate measures for the administration of lawyer service charges.
The competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the judicial administrative departments at the same level, formulate specific implementation measures and charging standards for lawyer services, or entrust the competent price departments at the prefecture (city) level to formulate charging standards for lawyer services jointly with the judicial administrative departments at the same level.
The charging standards for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
Chapter II Formulation of Charging Standards
Article 6 The formulation of charging standards for lawyers' services should fully consider the local economic development level and the affordability of the masses, which is conducive to the long-term development of the lawyer industry.
Article 7 The fees for lawyers' services shall be determined according to the compensation for lawyers' service costs, plus reasonable profits and statutory taxes and fees.
The following factors should be considered in formulating the charging standard for lawyer services:
(1) The number of lawyers required;
(2) Working hours consumed;
(3) the complexity of legal affairs;
(4) Risks and responsibilities that lawyers may bear;
(5) Customer's tolerance.
Article 8 A law firm shall provide the following legal services in accordance with the law, and collect lawyer service fees from clients in accordance with regulations:
(1) Acting as an agent in civil cases;
(2) Acting as an agent in administrative cases;
(3) Providing legal advice to criminal suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, and acting as the defendant's defender or the agent of the private prosecutor or the victim;
(4) Acting as an agent for appeals in various litigation cases;
(5) Entrusted arbitration;
(six) as a legal adviser;
(7) Providing non-litigation legal services;
(eight) to answer legal questions and write litigation documents and other documents related to legal affairs;
(9) Providing other legal services.
Article 9 The fees for lawyer services in Items (1), (2), (3) and (4) of Article 8 of these Measures shall be subject to government-guided prices;
Items (5), (6), (7), (8) and (9) of Article 8 of these Measures shall be subject to market-adjusted prices.
Article 10 A law firm shall formulate the charging standards for the lawyer services in Item (5), (6), (7), (8) and (9) of Article 8 of these Measures, and report them to the local county-level price department and the judicial administrative department for the record before implementation.
A law firm should file a record in advance to adjust the charging standard, and the charging standard after filing shall not be adjusted within one year. However, if a law firm adjusts its charging standards due to changes in its organization or personnel, it shall file it separately in time.
Article 11 Lawyers' service fees can be charged in different ways according to different service contents, including piecework fees, fees according to the proportion of the subject matter, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the subject matter is applicable to legal affairs involving property relations.
Time charge is applicable to all legal affairs.
Article 12 A law firm may, with the consent of the client, use the risk agency fee when handling non-litigation cases involving property relations.
If the risk agent charges, the maximum amount agreed by both parties shall not be higher than 20% of the target amount.
The target amount mentioned in this article refers to the target amount agreed by the law firm and the client through consultation.
Thirteenth risk agency fees shall not be used in the following circumstances:
(1) Litigation cases;
(2) Cases of marriage succession;
(3) Requesting state compensation according to law;
(4) Requesting social insurance benefits or minimum living security benefits;
(5) Requesting to pay alimony, alimony, alimony, pension and relief money;
(6) requesting payment of labor remuneration.
Chapter III Charge Management
Article 14 A law firm shall strictly implement the administrative measures and specific charging standards for lawyer services formulated by the competent pricing department in conjunction with the judicial administrative department at the same level.
Article 15 A law firm shall, in accordance with the regulations, apply to the designated competent pricing department for a fee license.
Article 16 A law firm shall disclose information such as the measures for the administration of lawyers' service fees in the local area and the charging standards for lawyers' services in this firm through bulletin boards, bulletin boards, charging tables, charging manuals and multimedia terminal inquiries, and accept social supervision.
Article 17 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyer services, or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 18 A law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm shall obtain the consent of the client in advance and re-sign a written agreement with the client.
Article 19 A law firm shall collect lawyer service fees from its clients after determining the entrustment relationship, unless otherwise agreed between the law firm and the clients.
Article 20 In the process of providing legal services to clients, legal fees, arbitration fees, appraisal fees, notarization fees, case file retrieval fees, travel expenses for handling cases in different places, etc. paid by law firms on behalf of clients are case handling fees, not lawyer service fees, and should be paid separately by clients.
Twenty-first lawyers' service fees and handling fees shall be uniformly collected by law firms, and lawyers shall not collect any fees from clients without permission.
Twenty-second law firms to provide legal services to clients in different places, need to collect the travel expenses in different places in advance, it shall provide the client with an estimate of the expenses, which shall be signed by both parties after consultation. In the process of handling a case, if it is really necessary to adjust the cost estimate, the law firm shall negotiate with the client again and implement it after being signed by both parties.
Article 23 When a law firm collects lawyer's service fees and handling fees from clients, it shall issue legal bills to clients in time.
Article 24 When settling the handling fee, the law firm shall provide the client with a list of handling fees and valid vouchers, which shall be paid by the client after being examined and confirmed by the client. The part of the collected handling fee that cannot provide valid documents shall be returned to the client.
Twenty-fifth in any of the following circumstances, the law firm shall reduce or waive the lawyer's service fee:
(a) Claims for work-related injuries (except accidents);
(2) Requesting to pay alimony, alimony and alimony, and living in real difficulties;
(3) requesting payment of social insurance, pensions and relief funds.
Twenty-sixth branches of a law firm established in different places shall implement the provisions on fees at the place where the branches are located.
Twenty-seventh law firms to provide legal services in different places, should implement the provisions of the law firm's location fees.
Twenty-eighth law firms should strictly implement the relevant financial policies of the state, strengthen cost accounting, and pay taxes according to regulations.
Chapter IV Fault Liability
Article 29 If the entrustment relationship is terminated due to the fault of the lawyer, the law firm shall refund the advance payment of the client.
Article 30 If the entrustment relationship is terminated due to the fault of the client, the law firm shall deduct the reasonable expenses actually incurred in handling legal affairs from all the advance receipts, and return the balance to the client.
The faults mentioned in Articles 29 and 30 of these Measures shall be identified by the lawyers association where the law firm is located.
Article 31 Disputes arising from lawyer's service charges shall be settled through consultation between the law firm and the client. If negotiation fails, it may be submitted to the lawyers association where the law firm is located for mediation, or it may bring a lawsuit to the people's court.
Chapter V Supervision and Inspection
Article 32 The competent price department of the people's government at or above the county level shall supervise and inspect the lawyer's service charges according to law, and impose administrative penalties on illegal acts according to the Price Law and the Provisions on Administrative Penalties for Price Violations.
Thirty-third local government departments beyond the pricing authority and scope of unauthorized formulation and adjustment of fees, shall be ordered to make corrections, informed criticism; The directly responsible person in charge and other directly responsible personnel shall be submitted to the relevant authorities for administrative sanctions according to law.
Article 34 If a law firm commits any of the following acts, the competent price department of the government shall impose administrative punishment according to Article 39 of the Price Law and Article 7 of the Provisions on Administrative Punishment for Price Violations:
(a) set fees beyond the scope of government guidance;
(two) the implementation of the government guidance price in advance or later;
(three) to formulate the charging items and charging standards that belong to the government guidance price without authorization;
(four) through the decomposition of fees, repeated fees, expand the scope of the way to raise fees in disguise;
(five) compulsory or disguised compulsory services and charges;
(six) other acts that do not implement the government guidance price.
Article 35 If a law firm violates the provisions on clearly marked prices and commits any of the following acts, it shall be given administrative punishment in accordance with Article 42 of the Price Law and Article 11 of the Provisions on Administrative Penalties for Price Violations:
(a) the price is not indicated;
(two) not in accordance with the provisions of the content and method of price tag;
(3) collecting unspecified fees in addition to the marked price;
(4) charging fees without agreeing on the charging method, charging items, charging standards and payment time limit in the entrustment agreement;
(five) the measures and standards for the administration of lawyers' service charges in this area have not been announced to the public;
(six) other acts in violation of the provisions of the price tag.
Chapter VI Supplementary Provisions
Article 36 Measures for the settlement of disputes over lawyers' service charges shall be promulgated separately.
Article 37 These Measures shall be interpreted by the National Development and Reform Commission and the Ministry of Justice.
Article 38 These Measures shall be implemented as of June 6, 2006. On March 2000 1997, 1 The State Planning Commission and the Ministry of Justice jointly issued the Interim Measures for the Administration of Lawyers' Service Fees (JJ [2000] No.286) and on April 4, 2000, the State Planning Commission and the Ministry of Justice jointly issued the Notice on the Interim Standards for Lawyers' Service Fees (JJ [2000]).