The branch established by a law firm outside the administrative area of this Municipality shall be subject to the charging regulations of the location of the branch.
These Guidelines shall apply to law firms legally established within the administrative area of Pingtan Comprehensive Experimental Zone and branches of foreign law firms as group members of Fuzhou Lawyers Association (hereinafter referred to as Association). Article 3 Fees for lawyers' services are the acts of law firms accepting entrustment according to law, assigning lawyers to handle legal affairs, and collecting service remuneration from clients. Article 4 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should strive to improve service quality, reasonably control service costs, and provide convenient, efficient and high-quality legal services for clients. Article 5 This Association shall comprehensively consider the economic development level of this Municipality, regional economic development differences, social affordability, the healthy development of the lawyer industry, the average cost of lawyer services, statutory taxes and other factors. The law firm will negotiate with the client to determine the specific charging method and amount according to these guiding standards. Article 6 A law firm shall consider the following factors when negotiating fees for lawyer services with clients:
1. Estimated working hours of law firms and contractors;
2. The difficulty of entrusting legal affairs and the skills required for lawyers to provide legal services;
3. The number of lawyers and auxiliary personnel required to handle entrusted legal affairs;
4. Customer's bearing capacity and local economic development level;
5. Risks and responsibilities that law firms and lawyers may bear;
6. The qualification, experience, social reputation and business ability of the law firm and its lawyers;
7. The target amount involved in entrusting a law firm;
8. The time limit for completing legal affairs required by the client or limited by the entrusted matter itself;
9. Existing cooperative relationship with customers;
10. The possibility that accepting the entrustment will make the law firm or the contractor lose other business opportunities;
1 1. Other factors affecting lawyers' fees. Chapter II Charging Methods Article 7 When a law firm negotiates with its clients to determine the specific fees, it may adopt the methods of time charging, piece-rate charging, charging in proportion to the winning bid amount or risk agency charging according to different service contents. The charging method determined by the law firm through consultation with the client shall be clearly stipulated in the agency contract or legal consultant contract. Article 8 Time-based charging refers to the charging method of charging lawyers' service fees according to the determined unit time charging standard (time-based charging standard) and the actual working hours (billing working hours) spent by lawyers in providing legal services, which can be applied to all kinds of legal services. Law firms can determine different hourly charging standards according to lawyers' experience, qualifications, reputation, ability and working years. Article 9 Piece-by-piece charging refers to the method of charging lawyers' service fees according to the number of legal services provided by lawyers, which is generally applicable to litigation or non-litigation legal affairs that do not involve property relations. Article 10 Charging according to the proportion of the target amount is a way of charging lawyers' service fees according to the target amount involved in legal affairs, which is applicable to litigation or non-litigation legal affairs involving property relations. Article 11 Risk agency fee refers to the goal, undertaking effect, payment conditions, time and proportion of lawyer's service fee agreed by the law firm and the client in advance, and the way of paying lawyer's service fee according to the contract when the agreed conditions are met, which is applicable to all kinds of legal affairs except that the state stipulates that risk agency fee shall not be charged. Chapter iii charging standards section 1 charging scope and guiding standards for litigation legal affairs article 12 if a lawyer acts as an agent for litigation legal affairs and charges by piece or in proportion to the target amount, the fees shall be charged by stages according to the litigation procedure.
(1) The charging standards for the procedure of first instance in civil litigation cases are as follows:
1. If the property relationship is not involved or involved, but the amount of the disputed property subject matter does not exceed 200,000 yuan: 6,000 yuan to 50,000 yuan/piece;
2. If the amount of the disputed property subject matter exceeds 200,000 yuan, the lawyer's service fee shall be calculated in sections according to the following proportion. The lawyer's service fee calculated in sections and the lawyer's service fee specified in the preceding paragraph are combined to calculate the fee amount.
Valuation proportion of disputed real estate subject matter:
200,000-6,543.8+0,000 yuan (excluding 6,543.8+0,000 yuan) 6% ~ 8%
1 10,000-5 million yuan (excluding 5 million yuan) 4% ~ 6%
5 million-6.5438+million yuan (excluding 6.5438+million yuan) 2% ~ 4%
100000 yuan-50 million yuan (excluding 50 million yuan) part 1% ~ 3%
50 million yuan-1 100 million yuan (excluding 1 100 million yuan) 0.5% ~ 1.5%
0.25% ~ 654.38+0% of the part above 654.38+0 billion yuan.
3. If the parties file a counterclaim, the counterclaim shall be handled as a separate case, and the charges may be charged separately according to the above-mentioned charging standards, or the fees may be reduced as appropriate, but the reduction ratio shall not exceed 30%.
4 cases involving special procedures, supervision procedures and public reminders shall be charged according to the above-mentioned charging standards.
(2) The charging standard of the first instance procedure for administrative reconsideration, administrative litigation or state compensation claim cases may be charged with reference to the charging standard for civil litigation cases stipulated in Item (1) of this Article.
(3) The charging standards for the first instance procedure of criminal cases are as follows:
1. Defenders of criminal suspects and defendants in criminal cases:
Investigation stage: each charge is 6000- 100000 yuan;
Review and prosecution stage: 6000- 120000 yuan each;
Trial period: 60-200,000 yuan per piece.
2. As a private prosecutor or agent ad litem of the victim of a criminal case: 6,000-200,000 yuan each;
3. The incidental civil litigation part of the case shall be charged separately according to the charging standards for civil cases.
(4) The charging standards for the second trial, trial supervision and execution procedures of the above cases (1), (2) and (3) are as follows:
1. If the first-instance procedure has been entrusted and the second-instance procedure continues to be entrusted, the fee may be charged according to the charging standard of the first-instance procedure, or the fee may be reduced as appropriate (the reduction ratio shall not exceed 50%, and the amount after reduction shall not be less than 6,000 yuan). Those who directly represent the second instance procedure without representing the first instance procedure shall be charged according to the charging standard of the first instance procedure.
2. The case sent back for retrial by the agent (the procedure of first instance) may be charged according to the charging standard of the procedure of first instance, or reduced as appropriate (the reduction ratio shall not exceed 30%, and the amount after reduction shall not be less than 6,000 yuan). If there is no agent before, it will be charged according to the charging standard of the first instance procedure.
3. Entrusted retrial. If the previous procedure has been represented, it can be charged according to the charging standard of the first-instance procedure, or it can be reduced or exempted as appropriate (the reduction ratio is not more than 30% and not less than 6000 yuan). Those who directly represent the retrial procedure shall be charged according to the charging standard of the first instance procedure.
4. Act as an agent. If the previous procedure has been represented, it can be charged according to the charging standard of the first instance procedure, or it can be reduced or exempted as appropriate (the reduction ratio shall not exceed 30%, and the amount after reduction shall not be less than 6000 yuan). If the agent directly executes the procedure, the fee shall be charged according to the standard of first instance.
If only the agent carries out the objection, the fee can be charged according to the charging standard of the first instance procedure, or it can be reduced or exempted as appropriate (the reduction or exemption ratio shall not exceed 50%, and the amount after reduction or exemption shall not be less than 6,000 yuan).
(5) The fees for handling appeals in various litigation cases can be charged with reference to the procedure of first instance in civil litigation cases.
(6) For the charging standards of litigation legal affairs not mentioned in paragraphs (1) to (5) of this article, a law firm may refer to the charging standards of the most similar legal affairs in this article.