In accordance with the notice of the Shanghai Municipal Development and Reform Commission and the Shanghai Municipal Bureau of Justice on the issuance of the "Shanghai Lawyer Service Fee Management Measures" implemented on April 1, 2017 (Shanghai Development and Reform Code [2017] 3 No.)
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Attachment 1:
Shanghai government-guided price standards for lawyer service fees
1. Piece-rate charging method
(1) Serving as a defender for criminal suspects and defendants, and as an agent for private prosecutors and victims in criminal cases;
1. Serving as a suspect in criminal cases , Defendant’s defender:
Investigation stage: 1,500-10,000 yuan/case;
Examination and prosecution stage: 2,000-10,000 yuan/case;
First instance stage : 3000-30000 yuan/piece.
2. Those who act as an agent in criminal private prosecution cases or serve as a victim’s attorney will be charged reduced fees according to the above standards.
(2) Acting for other cases that do not involve property relations and are subject to government-guided prices: 3,000-12,000 yuan/case.
2. Charges in proportion to the amount of the subject matter
In cases involving property relations, the fees can be accumulated in stages according to the following proportion according to the amount of the subject matter involved in the legal service:
The fee ratio for the portion below 100,000 yuan (including 100,000 yuan) is 8%-12%. If the fee is less than 3,000 yuan, it can be charged at 3,000 yuan;
For fees above 100,000 yuan to 1 million The fee ratio for the portion above RMB 1 million to RMB 10 million (inclusive of RMB 1 million) is 5%-7%;
The fee ratio for the portion from RMB 1 million to RMB 10 million (including RMB 10 million) is 3%-5%;
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The fee ratio for the portion above 10 million yuan to 100 million yuan (including 100 million yuan) is 1%-3%;
The fee ratio for the portion above 100 million yuan is 0.5%-1%.
3. Hourly charges
For cases where the government-guided price is implemented, the hourly charge standard is 200-3,000 yuan/hour.
IV. Charge Instructions
(1) Criminal suspects and defendants in criminal cases are involved in several charges or criminal facts at the same time, and they can be charged separately according to the charges or criminal facts involved. Piece rate.
If the civil litigation part of a criminal incidental civil litigation case falls within the range of government-guided prices, the fees will be based on the standards for civil litigation cases; if it falls within the range of market-regulated prices, it will be determined by the law firm and the client through negotiation.
(2) If civil or administrative litigation cases involve both property and non-property relationships, the higher one may be calculated and charged.
Counterclaim cases can be determined through negotiation between the law firm and the client on the basis of the charges for the original lawsuit.
(3) Representing appeals in various litigation cases shall be based on the first-instance charging standards.
(4) For major, difficult, and complex litigation cases, the law firm and the client can negotiate and determine the charging standard within 5 times (including 5 times) of the prescribed standard.
(5) The aforementioned charging standards, unless otherwise specified, refer to the charging standards at the first instance stage of litigation cases. Those who solely represent cases of second instance, death penalty review, retrial, and execution shall be charged according to the first-instance fee standard. If you have acted as an agent in the previous stage, the fee will be reduced by half from the next stage.
Attachment 2:
Measures for identifying major, difficult and complex litigation cases in lawyer service fees
1. The following litigation cases can be included in the agency (fee) contract It is stipulated in the law that major, difficult and complex litigation cases are:
(1) Criminal cases that should be heard by a collegial panel according to law;
(2) Jurisdiction by the people's courts above the intermediate level (including intermediate levels) Litigation cases of first instance;
(3) Litigation cases that meet the standards of major, difficult, and complex cases in courts, procuratorial organs, public security, judicial administration and other agencies;
(4) Litigation cases that cause widespread social concern Cases of concern and with greater social impact;
(5) New types of cases;
(6) Hong Kong, Macao, Taiwan or foreign-related cases with greater social impact;
(7) Cases in which the case-handling agency decides that other professionals need to participate;
(8) Cases in which the case is complex and involves three or more (including three) legal relationships;
< p> (9) Other major, difficult, and complex cases agreed upon between the law firm and the client.2. When law firms negotiate fees with clients for major, difficult, and complex litigation cases as referred to in these Measures, they may charge 5 times the standard stipulated in the "Shanghai Government Guided Price Standards for Lawyer Service Fees" Charges shall be determined within 5 times (including 5 times), and charges shall not be accumulated repeatedly.
3. When a law firm accepts a case, it accepts the entrustment as a general case, and after carrying out specific agency work, it is found that it is a major, difficult, or complex litigation case, the law firm can consult with the client in a timely manner during the case handling process , negotiate to change the agency (charge) contract or re-sign the agency (charge) contract.
4. If the client and the law firm still have disputes over whether the case is a major, difficult, or complex litigation case after the signing of the agency (fee) contract and cannot reach an agreement, the two parties may submit a request to the Shanghai Lawyer The association may apply for mediation, arbitration or litigation in the People's Court.