In daily life, if you want to hire a lawyer in a lawsuit, it will naturally cost money.
1. How much should I pay for the lawyer's fees in administrative litigation?
Administrative litigation costs include case acceptance fees and other litigation costs. General case acceptance fee:
(1) Public security administrative cases, each from 5 yuan to 30 yuan;
(2) Patent administrative cases, each from 50 yuan to 400 yuan;
(3) 30 yuan to 100 yuan for other administrative cases;
(4) If there is a disputed amount in an administrative case, the charging standard shall be the property case.
Other litigation costs mainly include: appraisal fees, inspection fees, announcement fees, translation fees, transportation fees, accommodation fees, living expenses, lost time for witnesses, appraisers and translators, costs for copying the trial records and legal texts of this case, application fees for taking litigation preservation measures and actual expenses. Generally, it is charged by the court according to the charging standard or actual cost of the relevant state departments.
Two. Measures for the administration of lawyers' service fees
Article 1 These Measures are formulated in accordance with the Price Law, the Lawyers Law 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 lawyers, and promote the healthy development of the lawyer service industry.
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) and lawyers who are allowed to practice to provide legal services for clients.
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 The government shall extensively listen to the opinions of all sectors of society when formulating the charging standards for lawyers' services, and may hold hearings when necessary.
Article 8 The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard by compensating the average social cost of lawyer services, plus reasonable profits and statutory taxes and fees.
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Article 11 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after learning the government-guided price, the risk agency fee may be implemented, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries;
(4) Request for payment of labor remuneration, etc.
Article 12 It is forbidden to implement risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Thirteenth risk agency fees, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear.
The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
Article 14 A law firm shall strictly implement the management measures and charging standards for lawyers' service fees formulated by the competent pricing department in conjunction with the judicial administrative department at the same level.
Article 15 A law firm shall publicize information such as measures for the administration of lawyer services and charging standards, and accept social supervision.
Article 16 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 17 After signing a contract with a client, 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 must obtain the written consent of the client in advance.
Article 18 When a law firm collects lawyer service fees from clients, it shall issue legal bills.
Article 19 The lawyer's fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer's service fees, and should be paid separately by the client.
Article 20 If a law firm needs to receive travel expenses in advance for handling cases in different places, it shall provide the client with an estimated fee and sign it after both parties reach an agreement through consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance.
Article 21 When a law firm settles the fees related to Articles 18 and 19, it shall provide the client with a list of fees charged on its behalf, travel expenses for handling cases in different places and valid vouchers. The customer may not pay the part that cannot provide valid vouchers.
Twenty-second lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be uniformly collected by law firms. Without permission, a lawyer may not charge any fees to the client.
In addition to the three fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Article 23 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases.
For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee.
Twenty-fourth branches of a law firm established in different places shall implement the provisions on fees at the place where the branches are located.
Twenty-fifth law firms to provide legal services in different places, can implement the provisions of the law firm's location or provide legal services, the specific measures shall be determined by the law firm and the client through consultation.
Twenty-sixth price departments at all levels should strengthen supervision and inspection of the fees charged by law firms.
If a law firm or lawyer commits one of the following price violations, the competent price department of the government shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations:
(1) Failing to announce the management measures and charging standards for lawyer services in accordance with the provisions;
(two) the implementation of the government guidance price in advance or later;
(three) beyond the scope or range of government guidance fees;
(four) through the decomposition of fees, repeated fees, expand the scope of the way to raise fees in disguise;
(five) unfair competition at a cost significantly lower than the cost;
(6) Other price violations.
Twenty-seventh judicial administrative departments at all levels should strengthen the supervision and inspection of law firms and lawyers' legal service activities.
Law firms and lawyers who commit one of the following illegal acts shall be given administrative punishment by the judicial administrative department in accordance with the Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms:
(a) in violation of the provisions of the law firm to accept the entrustment, signed a written entrustment contract or fee contract;
(two) in violation of the law firm's unified collection of lawyer service fees, fees paid on behalf of clients and travel expenses for handling cases in different places;
(3) Failing to provide the client with the travel expenses budget for handling cases in different places in advance, issuing legal bills for charging lawyers' services, and submitting valid vouchers for paying fees on behalf of the client and traveling expenses for handling cases in different places;
(four) in violation of the provisions of the law firm's unified custody and use of special bills, financial bills and business files for lawyer services;
(five) other acts that violate the practice discipline and professional ethics of lawyers.
Twenty-eighth citizens, legal persons and other organizations that law firms or lawyers have price violations can report and complain to the competent price department, the judicial administrative department or the lawyers association by letter, telephone or visit.
Twenty-ninth local people's government price departments, judicial administrative departments beyond the pricing authority, unauthorized formulation and adjustment of lawyer service fees, by the higher price departments or the people's government at the same level shall be ordered to make corrections; If the circumstances are serious, the relevant departments shall be submitted to punish the responsible person.
Thirtieth disputes arising from lawyers' service fees, law firms should negotiate with clients to solve them. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department and the competent price department where the law firm is located for mediation, or apply for arbitration or bring a lawsuit to the people's court.
Article 31 Measures for mediation of disputes over lawyers' service charges shall be formulated separately.
Article 32 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 for the management of lawyers' service charges in accordance with these Measures, and report them to the National Development and Reform Commission and the Ministry of Justice for the record.
Article 33 These Measures shall be interpreted by the National Development and Reform Commission in conjunction with the Ministry of Justice.
Thirty-fourth these Measures shall be implemented as of June 5, 2006+February 6 +0. The Notice of the State Planning Commission and the Ministry of Justice on Printing and Distributing the Interim Measures for the Administration of Lawyers' Service Charges (JYJ [1997] No.286) and the Notice of the State Planning Commission and the Ministry of Justice on Formulating Temporary Standards for Lawyers' Service Charges (JYF [2000] No.392) shall be abolished at the same time.
Legal objectivity:
Article 19 of the Measures for the Administration of Lawyers' Service Fees
Lawyers' fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by law firms on behalf of clients in the process of providing legal services are not lawyers' service fees, and shall be paid separately by clients.
Article 20
If a law firm needs to collect travel expenses in advance for handling cases in different places, it shall provide the client with an estimate of the expenses, which shall be signed and confirmed by both parties after consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance.
Article 25 of the Lawyers Law
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully. Law firms and lawyers shall pay taxes according to law.
Article 59
Measures for lawyers' fees shall be formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council.