Sichuan price hair 〔2008〕 No. 246
Cities (state) price bureau, justice bureau, expanding the right to pilot counties (municipalities) price bureau, justice bureau:
According to the national development and reform commission, the ministry of justice, "on the issuance of the" lawyers service charge management measures "(development and reform price [2006] No. 611) the spirit of the document, the provincial price bureau, the provincial department of justice jointly issued the" lawyer service charge management measures" (development and reform price [2006] No. 611) document. The notice "(Development and Reform Price [2006] No. 611) the spirit of the document, the Provincial Price Bureau, the Provincial Department of Justice jointly issued the implementation of the management of lawyers' service charges in sichuan province, "sichuan province lawyers' service charges and standards. After two years of trial, to regulate the behavior of lawyers fees, and promote the development of the lawyer industry has played an important role. Now officially issued to you, please follow. This notice from December 1, 2008 onwards, the former price bureau of sichuan province, sichuan province judicial department "on the issuance of sichuan province lawyer service charge management implementation measures and standards of notice" (sichuan price [2006] no. 258) ceased to be implemented.
Attachment: 1.sichuan province lawyer service charges management implementation measures
2.sichuan province lawyer service charges and standards
Attachment 2: lawyer harbor lawyers for you to collect and organize "sichuan province lawyer service charges and standards"
a. Criminal procedure cases
The implementation of the piecework charges.
(A) for criminal cases
1, the investigation stage (including the prosecutor's office of self-investigation stage): 1,000-10,000 yuan;
2, the examination and prosecution stage: 2,000-12,000 yuan; 3, the trial stage: 3,000-30,000 yuan.
(2) Handling criminal private prosecution cases: 2,000-15,000 yuan.
(iii) Handling criminal collateral civil cases involving property relations, according to the fees for representing civil cases involving property relations.
II. Representation in Civil Litigation Cases
(1) If no property relationship is involved, the fee for each case shall be 1000-10000 RMB;
(2) If property relationship is involved, the fee shall be charged according to the proportion of the subject matter of the case, which shall be divided into grades and charged cumulatively in accordance with the following proportions;
For cases less than 50000 RMB, the fee for the following cases shall be 1000-3000 RMB
(2) For cases involving property relationship, the fee shall be charged in accordance with the proportion of the subject matter of the case. 1,000-3,000 yuan
50,000 yuan above 500,000 yuan within 6%-5%
500,000 yuan above 1,000,000 yuan within 5%-4%
1,000,000 yuan above 5,000,000 yuan within 4%-3%
5,000,000 yuan above 10,000,000 yuan within 3%-2%
2%-1% above 10,000,000 yuan
Third, the representation of administrative litigation cases
(a) does not involve property relations, the implementation of piece-rate fees, each case charged 1,000-8,000 yuan;
(b) involves a property relationship, in accordance with the civil litigation cases involving property relations fees.
IV. Representation in State Compensation Cases
The piece-rate fee is applied, and RMB 1,000-10,000 is charged for each case.
V. Representation in Complaints in Various Litigation Cases
(1) Representation in Complaint Cases
The fees are implemented on a piece-rate basis, with RMB 1,000-6,000 charged for each case.
(2) After entering into retrial proceedings, those who have not been represented in the first or second trial will be charged according to the fees for all types of litigation cases; those who have been represented in the first or second trial will be charged half of the fees.
Sixth, hourly fee
hourly fee applies to all of the above legal affairs, hourly fee shall be calculated according to the effective time for legal affairs, including providing legal advice to the client, investigation and evidence collection, access to relevant information, drafting of litigation documents and legal documents, appear in court, participate in mediation and negotiation, on behalf of all kinds of formalities, and lawyers handling the case on the way, etc..
Lawyers for legal affairs billing work time calculation rules by the provincial lawyers association to formulate separately, reported to the provincial price bureau, the provincial justice department after examination and implementation. Individual lawyer's hourly rate by the law firm according to the lawyer's years of practice, service ability, social reputation and other factors in principle, according to each person within 500 yuan per hour, and report to the competent judicial administrative department, the price department for the record; need to more than 500 yuan, by the law firm to the provincial lawyers association, after examination and approval of the provincial price bureau, the provincial department of justice for the record.
Seven, in handling criminal cases, civil litigation cases, the case is too long, professional and technical requirements of the case, as well as group crime, foreign-related and other difficult, complex cases, law firms can negotiate with the client fees, but the maximum can not exceed four times this fee. Disputes over whether it is difficult, complex cases, the two sides to negotiate a solution, consultation fails, can be submitted to the bar association or the competent judicial administrative department for coordination.
eight, the above standards, unless otherwise specified, refers to the litigation case of the first instance fees. Not handle the first trial and the second trial, according to the first trial standards; had handled the first trial and the second trial, according to the first trial standards of discretionary charges; the implementation of the case, in accordance with the first trial or the second trial of the fees charged; remanded cases, according to the first trial or the second trial of the standards of discretionary charges.
nine, ethnic minority areas, national and provincial poverty-stricken counties (districts) of the lawyer's service charges may be in accordance with this standard discretionary down, but the downward movement shall not exceed 30% of the lower limit of this standard.
Ten, the amount of the above types of fees in RMB. Lawyers for foreign legal affairs, by the law firm and the client negotiation, can be charged in foreign currency.