Anshan lawyer: Measures for the implementation of Liaoning province lawyers service charge management and Liaoning lawyers service charge standard

The measures for the implementation of Liaoning province lawyers service charge management

Article 1 In order to regulate the lawyers' fees behavior, safeguard the legitimate rights and interests of the client and lawyer, and promote the healthy development of lawyer service industry, according to the "PRC price law", "Lawyers Law of the PRC" and the national development and Reform Commission, the Ministry of justice established "lawyer services management approach" and other relevant laws and regulations, for the implementation of this approach.

Article second Within the administrative region of this province in accordance with the "law", the establishment of the people's Republic of China law firm and licensed to practice law, the measures for charging behavior provides legal services to the clients.

Article third The lawyer's fees, voluntary and paid according to open and fair, honest and credit principle.

A law firm shall facilitate the people, strengthen internal management, reduce service costs, provide convenient and quality legal services for clients.

The fourth article of the law service charges imposed government pricing and market management.

A law firm shall provide the following service charges, the implementation of government pricing management:

(a) the civil cases;

(two) the administrative litigation cases;

(three) the state compensation cases;

(four) to provide legal advice to criminal suspects, the appeal and accusation, application for bail, defender or private prosecution, as the defendant's legal representatives of victims;

(five) representing all kinds of litigation petition.

Determining the fees the government guidance price service compensation in accordance with the law of social cost plus a reasonable profit and statutory tax, specific standards see annex.

Other than the above legal services, the introduction of market management, the specific charges should be based on the amount of work time, legal services, the degree of difficulty, the principal capacity, legal risks and responsibilities, and the lawyer's social reputation and working water equality, determined in consultation by the law firm and the client.

The fifth lawyers service fees according to the different service contents, adopted a piece rate charges, according to the proportion of the amount of charge and the charge mode.

Legal affairs piecework fees generally applicable to not involving property relationship;

Legal affairs at a certain proportion of the amount of charge is applied involving property relationship;

Time charges may apply to all legal affairs.

To the government guidance price management fees and the piece at a certain proportion of the amount of fees, to develop the floating rate and the benchmark price, by the city to choose specific floating rate relates to the government guidance price; time management fees, commissioned by the city of prices, the Justice Department formulated according to the local actual situation. Effective time charging time according to a lawyer to handle the legal affairs, including lawyers provide legal advice to the client, investigation and evidence collection, access to relevant information, the drafting of litigation documents and legal documents, court, regulate and negotiation, agents various types of procedures and handling other legal transaction time.

Article Sixth A contingent fees

(a) for a civil case involving property relationship, the client is informed stipulated charges still requires the risk agency, a law firm may charge the risk agency, except under the following circumstances:

1, marriage, inheritance cases;

2, request for social insurance treatment or low living allowance;

3, request for payment of alimony, child support, maintenance, pensions, benefits, compensation system;

4, request to pay labor remuneration.

(two) prohibit criminal litigation, administrative litigation, state compensation cases and group litigation cases for contingent fees.

(three) for contingent fees, a law firm shall sign a contingent fee contract with a client, the two sides should bear the risk responsibility of contract, charging, the charging amount or proportion.

(four) for contingent fees, the maximum charging amount shall not exceed the amount stipulated in the charging contract 3O%.

Article seventh Law firm commissioned, should be entrusted with the signing of contract on Lawyers' fees or charges clause specified in the entrustment contract.

Charging contract or clause shall include: the charging items, standard fees, charges, the amount of charge, payment and settlement, dispute resolution etc..

Article eighth Law firm and the client after signing the contract, shall not unilaterally alter the charging items or increase the amount of charge. In the case of any change, the law firm must have the prior written consent of the client.

Article ninth Law firms to counsel clients to collect service charges, shall issue lawful receipts.

Article tenth Relevant departments of law firms in the process of providing legal services in paid for the clients according to collect litigation fees, arbitration fees, appraisal fees, notary fees and Chadang fee, does not belong to the legal service fee, payment shall be made by the client.

Article eleventh Lawyers handling cases in other places to travel expenses, client should be to provide cost estimates, by consensus, signed by the two parties confirm. The need to change the cost estimate, the law firm shall obtain consent from the principal's book
Consent.

Article twelfth Clearing ninth and tenth related expenses, a law firm shall provide the costs and handling different travel list and valid documents to the client. Can not provide valid certificates, clients can not pay.

Article thirteenth The lawyer's fees, the expenses paid on behalf of clients and handling different travel fee by the law firm. A lawyer shall not charge any fees to the client.

In addition to the cost of three listed in the preceding paragraph, law firms and lawyers shall not charge any fees to the client in any name.

Article fourteenth A law firm shall accept the assignment to undertake legal aid cases. Shall not charge any fees to the recipients for legal aid cases.

For the economic difficulties, but not within the scope of legal aid to citizens, law firms have the discretion to reduce or waive the lawyers service fees.

Article fifteenth Foreign law firms to provide legal service in our province, can perform the implementation rules and the charge standard, can also execute the law firm fees, the fees and charges by the law firm and client
Negotiate.

Article sixteenth A law firm shall strictly implement the measures and charging standards, to the local price departments for the "permit fee", implement the management fees and charges publicity, accept social supervision and inspection departments and.

Article seventeenth Price departments at all levels should strengthen supervision and inspection of law firms charge.

Law firms, lawyers have one of the following illegal pricing, price sector in accordance with the "price law" and the "price illegal administrative penalties" the implementation of administrative punishment:

(a) not according to the provisions of public service lawyers management fees and charges;

(two) in advance or delay the implementation of government pricing;

(three) exceeded the government guidance price range charges;

(four) through the breakdown of fees, duplication fees, expanding the scope, raising the standards of fee charges;

(five) to significantly less than the cost of fees for unfair competition;

(six) other illegal price behaviors.

Article eighteenth The judicial administrative departments at all levels should strengthen supervision and inspection of law firms, lawyers legal service activities.

Law firms, lawyers have one of the following violations of the law, by the judicial administration department to implement the administrative penalty in accordance with the "law" and "the illegal acts of the lawyers and law firms punishment measures":

(a) violates the law firm unity entrusted, sign written entrustment contract or fee contract;

(two) in violation of the law firm unity lawyers to collect service charges, the expenses paid on behalf of clients and handling different travel regulations;

(three) not to provide the client with the travel cost estimates in other places, do not issue of lawyers service charge legal bills, vouchers not fees paid on behalf of, handling different travel to the client;

(four) in violation of law firm lawyers for safekeeping, using specialized instruments, provisions of financial bills, business archives;

(five) other acts in violation of discipline of lawyers and occupation moral.

Article nineteenth Citizens, legal persons and other organizations that law firms or lawyers are illegal price behaviors, by letter, telephone, visit and other forms, to the commodity price departments, judicial administrative departments or lawyers association report, complaints.

The twentieth cities the price department, administrative department of justice beyond the pricing authority, to formulate, adjust the charging standards, the provincial Price Bureau, the Provincial Justice Department has the right to order it to make corrections, if the circumstances are serious, in accordance with the relevant provisions, to draw the relevant departments
To dispose of the responsible person.

Article twenty-first A dispute arising from the lawyer's fees, lawyers should be solved by negotiation with the client. Negotiation is not _ into, can draw the law firm of Lawyers Association, the judicial administrative department and the price department for mediation, or
May apply for arbitration or bring a lawsuit to the people's court.

Twenty-second of the measures by the provincial Price Bureau jointly with the Department of justice shall be responsible for the interpretation of.

Article twenty-third The measures for the implementation of 2 0 O 7 since May 1st implementation date. Notify the provincial Price Bureau, Provincial Department of "Interim Measures for the administration of lawyers' fees issued < >" (the price [2002]73) abolished at the same time.

Liaoning lawyer service fees

2, involving property relationship, in accordance with the procedure (disputed) bid section according to the proportion of cumulative charge:

(1) 100000 yuan of the following part (including 100000 yuan) charge ratio of 4% to 5%, charge amount is less than 2000 yuan each collected by 2000 yuan;

(2) 100000 yuan to 500000 yuan (including 500000 yuan) as part of 3% - 4%;

(3) 500000 yuan to 00 yuan l part (including 1000000 yuan) to 2% 3%;

(4) 1000000 yuan to 5000000 yuan (including 5000000 yuan) as part of 1% - 2%;

(5) 5000000 yuan to 10000000 yuan (including 10000000 yuan) as part of 0.5% - 1%;

(6) 10000000 yuan, the highest do not exceed 0.5%, the two sides negotiated.

Liaoning lawyer service fees

In 2008, according to the "national development and Reform Commission, the Ministry of justice on < > management measures of lawyers' fees notice" (development and reform the price [2006]611) regulations, our province has formulated and issued the "notice on charges of Liaoning province lawyers service" (the price of [2008]83). According to the implementation of the service charges, our province lawyer service industry in recent years by investigation, the provisions of part of the services of a lawyer fees are revised, the relevant matters are hereby notified as follows:

The lawyer's fees standard, the revised annex.

Two, the "notice" provisions from August 1, 2012 onwards, the validity period of 2 years. After the expiration of the actual situation in our province according to the development of lawyer profession, re adjust the charge standard legal services. "Notice on charges of Liaoning province lawyers service" (the price of [2008]83) is valid until July 31, 2012.

Three, received the "notice", it shall timely notify the relevant law firm to handle the price departments at the same level or change the "license fees". Each firm must be bright card charges in the work, the public service items and charging standards, the tax authorities to use a unified system of charge bill charges, accept the supervision and inspection of prices, judicial departments.

Annex: charges lawyer services in Liaoning Province

Two, one or two August 1st

Annex: charges lawyer services in Liaoning Province

A civil case, the agent

1, not involving property relationship, the benchmark for standard charges 4000 yuan / piece, broke surface does not exceed 50% of the maximum, the downward float open.

2, involving property relationship, in accordance with the procedure (disputed) bid section according to the proportion of cumulative charge:

(1) 100000 yuan of the following part (including 100000 yuan) charge ratio of 4% to 5%, charge amount is less than 2000 yuan each collected by 2000 yuan;

(2) 100000 yuan to 500000 yuan (including 500000 yuan) as part of 3% - 4%;

(3) 500000 yuan to 00 yuan l part (1 00 million) 2% 3%;

(4) 1 00 to 5000000 yuan (including 5000000 yuan) as part of 1% - 2%;

(5) 5000000 yuan to 10000000 yuan part (1 000 million) 0.5% 1%;

(6) 10000000 yuan, the highest do not exceed 0.5%, the two sides negotiated.

Two cases of administrative litigation, agency and agent state compensation cases

The administrative litigation cases and agent case of state compensation fees, according to the civil litigation fee standards.

Three, agents in criminal cases

1 to criminal suspects, provide legal advice, the benchmark for standard charges 300 yuan / times;

2, the appeal and accusation, standard charges 4000 yuan / piece;

An agent ad litem base charges 3, defense for the accused or the private prosecution, the victim:

(1) the investigation stage (including application for bail) 4000 yuan / piece;

(2) the stage of review and prosecution of 4000 yuan / piece;

(3) the trial (first) stage 5000 yuan, for a trial of second instance and the second instance shall, according to the first standard reduction.

The above charges broke surface does not exceed 50% of the maximum, the downward float open.

Four, representing all kinds of litigation petition

Representing all kinds of litigation appeal standard charges 4000 yuan / piece, no more than 50% broke surface, the downward float open.

Five, agent group crime and other large, complex criminal cases

The agent of organized crime and other large, complex criminal cases, because of the difficulty of high, large geographical span and other reasons, to determine the specific charges range can be no higher than the benchmark price of 5 times in.

Six, about the market charges

Market adjusted prices practiced outside the charging items and standards of the lawyers' fees, by the law firms according to the situation to make charging standards, reported to the local price and judicial departments for the record, and the implementation of fees charged at the standard public charging projects, after.

"Notice on charges of Liaoning province lawyers service" (No. [2008]83 Liao:

The amount of subject matter of litigation	Charge calculationFormula	Remarks
100000 yuan (including 100000 yuan)	Bid × 5%	Charge less than 2000 yuan per piece collected by 2000 yuan
100000 yuan --50 yuan (including 500000 yuan)	Bid × 4% + 1000 yuan
500000 yuan --100 yuan (including 1000000 yuan)	Bid × 3% + 6000 yuan
1000000 yuan, 5000000 yuan (including 5000000 yuan)	Bid × 2% + 16000
5000000 yuan --1000 yuan (including 10000000 yuan)	Bid × 1% + 66000 yuan
More than 10000000 yuan (including 10000000 yuan)	Bid × 0.5% + 116000 yuan