Notice of Jiangsu Provincial Price Bureau, Jiangsu Provincial Department of justice about charges to adjust the services of a lawyer

Sue price [2013]421

 

Municipalities, county Price Bureau (development and Reform Commission, hair change bureau, Justice Bureau):

In order to promote the healthy development of the fast, my lawyer services, and further standardize the lawyers' fees behavior, better protection of lawyers and the legal rights and interests of clients, according to the national development and Reform Commission, the Ministry of justice "lawyer services management approach", the relevant provisions of the provincial price Bureau, the Provincial Justice Department "Jiangsu province 'lawyer management service charges' implementation details", the charge standard in our province lawyer service and related provisions as follows:

 

A lawyer's fees, nature, classification and standard

 

(a) charge properties and classification

The lawyer's fees are operational and service charges, the implementation of government pricing and market.

1, the lawyer fees imposed government restriction (see Annex 1).

(1) the civil cases;

(2) the administrative litigation, administrative reconsideration cases;

(3) the state compensation cases;

(4) 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;

(5) representing all kinds of litigation petition;

(6) agents various types of arbitration cases.

2, big, difficult, complex litigation and other legal services to market.

 

(two) charging mode

The lawyer's fees, fees, charges into the piece at a certain proportion of the amount of charge and consultation fees.

1, piece rate charges, according to the proportion of the amount of charge only for simple cases.

2, timing service fees and charges for all legal affairs, but will ask the principal frequency agreed and accepted, and in accordance with the "Jiangsu province lawyers service charge rules" provisions. "Jiangsu province lawyers service charge rule" formulated by the bar association of Jiangsu Province, execution and reported to the Jiangsu Provincial Price Bureau, Jiangsu Provincial Department of justice for the record.

3, the introduction of market negotiation by the law firm and the client to determine the specific amount of charge.

 

Two, the lawyers' fees related requirements

1, the law firms, lawyers in the performance of the services and charges should be in strict accordance with the national development and Reform Commission, the Ministry of justice "lawyer services management approach", the Jiangsu Provincial Price Bureau, the Jiangsu Provincial Department of "Jiangsu province 'lawyer services management approach" provisions of the detailed rules for the implementation of' services, fees trap and behavior norms practice.

2, the lawyers' fees in the process, in strict accordance with the "standards for major, difficult, complex litigation cases (2013 Edition)" (Annex 2) to determine the case difficulty level, in strict accordance with the provisions relating to the property case amount. Law firm commissioned, strictly perform the commissioning procedures shall sign an entrustment contract, and the principal agent contract fees strip section, the charging items, standards, methods, amount, payment and settlement shall be clearly.

3, the law firms charge the forehead to the local price departments "license fees", regulate the collection of fees, the principal principle of voluntary, not mandatory service charges shall not exceed the standard, force, or self-reliance project fees. The charges, in the specified operating sites prominently publicity charges and fees. Charges for the use of the tax invoice and pay taxes, and consciously accept the public supervision.

4, price departments, judicial and administrative departments and lawyers associations shall strengthen the charges of law firms conduct supervision and inspection and guidance.

This notice since December 20, 2013 from the trial, the trial period of 2 years, during the trial of a new national provisions from the provisions of. "Notify the River Provincial Price Bureau, Department on the charge standard adjustment law service" (Sue price '2002' No. 378) since the release date of check.

 

Two, one three December 13th

 

 

Annex1: Jiangsu lawyer service fee schedule

 

 

 

Annex2Standard: major, difficult, complex litigation

(2013 Edition)

 

For the case judge law firm accepts the ease the complexity, regulate the collection of fees, maintenance station method equity principal and law firms, according to the "Jiangsu province 'lawyer management services'" rules for the implementation of the standards.

 

A, scope of application

This standard applies to set up in Jiangsu Province law firm accepts the case, determine the cases to ease the complexity, accurate application of lawyers service charge standard, except the following recognized major, difficult, complicated cases, other types of cases were performed according to simple cases charges.

 

Standard two, major, difficult, complex litigation

 

(a) general standards

Case one of the following circumstances, as the important, difficult, complex litigation:

1, the intermediate above (she intermediate) case first instance jurisdiction of the people's court;

2, with the court, procuratorate, public security, judicial administrative organs, major, difficult, complicated cases standard cases;

3, has aroused widespread concern, Zhai has great social influence;

4, the new types of cases;

5, foreign or Hong Kong, Macao, and Taiwan case;

6, the authorities decided to other professionals involved in the case, except for simple cases involved in the translation and identification of personnel;

7, the case is complex, involving 3 or more legal relations cases;

8, different management (for which the administrative prefecture level city in law firms outside) non obvious simple cases;

9, the other by the law firm and the client agreement, the client recognized as a major, difficult, complex cases.

 

(two) standard big lawsuit

1Major criminal cases, standard

One of the following circumstances criminal case, which belongs to the major criminal cases:

(1) has a larger social impact in the region above the range of cases or cause highly publicized cases;

(2) by the judicial organs for investigation, prosecution or prefecture level city, the trial of the case;

(3) foreign or Hong Kong, Macao, and Taiwan criminal cases;

(4) the unit crime case;

(5) the suspect, the defendant may be sentenced to 10 years or more in prison case;

(6) in group, sensitivity and other factors have great influence on the social stability of the case.

2Major civil litigation cases, standard

The civil case one of the following circumstances, is a major civil cases:

(1) has a larger social impact in the region above the range of cases or cause highly publicized cases:

(2) in group, sensitivity and other factors have great influence on the social stability of the case;

(3) foreign or Hong Kong, Macao, and Taiwan case;

(4) by intermediate or above (including intermediate) case first instance jurisdiction of the people's court.

3Major administrative litigation cases, standard

Administrative litigation cases. One of the station is under any of the following circumstances, which belongs to the major administrative litigation cases:

(1) the citizen, legal persons or other organizations with administrative organs shall be ordered to suspend production or business, revoke the permit or license, the larger the amount of fines or administrative detention administrative punishment decision of administrative lawsuits.

(2) has a larger social impact in the region above the range of cases or cause highly publicized cases;

(3) in group, sensitivity and other factors have great influence on the social stability of the case;

(4) foreign or Hong Kong, Macao, and Taiwan case.

(5) by intermediate or above (including intermediate) case first instance jurisdiction of the people's court;

(6) the specific administrative act of the people's government at or above county level or above the county level people's government, the provincial departments of administrative litigation cases;

(7) administrative litigation on administrative license involves major infrastructure construction, the local investment and social public interest projects or major administrative punishment cases;

 

(three) standard difficult, complex litigation

1, difficult, complex criminal cognizance standard reactor

One of the following circumstances in criminal litigation cases, belonging to a difficult, complex criminal cases:

(1) disputed crime and non crime cases;

(2) in this crime and other crime qualitative disputed cases;

(3) not to prosecute the possible cases decide the existence of procuratorial organs:

(4) for more than 2 of the cases;

(5) the common crime case 3 or more;

(6) the appeal or retrial cases;

(7) suspected of endangering national security, harm the public safety, the underworld property organization, terrorism, smuggling, drugs, corruption, malfeasance, undermining the financial order, the financial fraud, the harm tax revenue collection, obstruction of corporate management order, the infringement of intellectual property rights, disrupted the market order, with serious social harm case;

(8) suspected of provisions of the criminal law amendment (("new crime cases.

2, difficult, complex civil litigation cases, standard

The civil case one of the following circumstances, belongs to a difficult, complex civil cases, but the exception case in summary procedure:

(1) involving 3 or more legal relationship or to 3 or more claims cases;

(2) a party objection to the jurisdiction of the case;

(3) any number of one party specified in the 3 or more people or "Civil Procedure Law" article fifty-third, Article 54, Article 55 of the joint action, group litigation cases;

(4) a square evidence in more than 20 pieces of evidence or both in more than 30 pieces of evidence in civil cases or the fact that many a time span of more than 3 years cases:

(5) in accordance with the procedure for trial supervision procedure or protested case trial;

(6) the relationship between law and administrative or criminal legal relationship with cross civil cases;

(7) the criminal appeal or retrial in civil suits collateral;

(8) judicial cases outside the prefecture level city law firm where the;

(9) cases of execution and notarized instruments of creditor's claims of enforcement cases without adopting property preservation measures in the process of litigation;

(10) the trial more than 4 times or a trial of more than 18 months of the cases:

(11) ownership disputes, medical damage compensation disputes, insurance contract disputes, disputes, the right to revoke the right of subrogation dispute, bidding auction sale disputes, disputes, real estate development business contract disputes, contract disputes in engineering construction projects, technical contract disputes, intellectual property disputes, the insurance contract dispute, dispute of contract, letter of credit disputes futures trading disputes, disputes, contract disputes, trust management, agricultural contract dispute, bill of lading disputes, dispute of deposit receipt, the right to the contracted management of bill rights disputes, disputes, evidence of shareholder rights disputes, damage the company rights disputes, unfair competition disputes, maritime disputes and other new types of cases;

(12) special procedure for civil cases.

3, difficult, complex litigation cognizance standard

Administrative litigation cases with one of the following situations, belongs to a difficult, complex litigation:

(1) the plaintiff in administrative litigation in more than 3 cases;

(2) the administrative act and civil or criminal legal relation of cross cases;

(3) due to the intellectual property, maritime affairs, taxation and other professional administrative litigation cases;

(4) the appeal or retrial of the case.

 

 

 

 

Annex 3: 

 

 Formula: receivable fees = the amount involvedIncrease the number of * the rate + the quick calculation