Respected judge, judge:

Sichuan law silver law firm commissioned by Li Ganglie (a pseudonym), appointed as our agent of this case, we make the following comments, for reference:

First, both sides agreed fee basis for "measures for the administration of lawyers' fees" Sichuan Province

1"," the special legal service contract5.1Article: according to the provisions of the national development and Reform Commission, the Ministry of justice "lawyer services management approach" and Sichuan Provincial Price Bureau, Sichuan Provincial Department of Sichuan Province "lawyer services management approach" and its annex "Sichuan Province lawyers service fees and standards", receive the attorneys' fees.

2"," the special legal service contract8.7Article "Sichuan Province of lawyers service charge management implementation approach", "Sichuan Province lawyers service fees and standards" as the annex to the contract. Therefore, the foregoing shall serve as an integral part of the contract.

3Sichuan Province, "lawyers service charge management implementation method," article4Regulation: the lawyer service charges imposed government pricing and market. Administrative guidance price only in government regulationsThe floating rangeDetermined in consultation; market day price, determined according to the market negotiation.

4Sichuan Province, "lawyers service charge management implementation method," article5The provisions:"Agent of civil cases"Should beThe implementation of government guidance prices"; other legal service" market.

Therefore, the first judgment "nature of special legal service contract" needs, and then determine the charges.

Two, the nature of "agent civil cases", the government should implement the guidance price

1, "case" and "other legal case" difference

"Litigation" refers to the settlement of the case may need the help of the judicial way to complete the case, the service content unless the court confrontation, also includes pretrial "investigation" and "mediation" and other preparatory work.

"Other legal case" refers to not need the help of the judicial way will be able to complete the case. Such as: listed companies, company legal counsel, mergers and acquisitions, debt restructuring and non litigation legal services.

2, the appellee argued: "lawsuit" only refers to "appear in court for trial", not "mediation before litigation investigation" and "". "Investigation" and "pre litigation mediation" to "other legal case", should adjust the price according to the market.

The appellee is deliberately must suit preparations (survey clear, pretrial mediation) completely cut and the court, and charges. This is like the doctor will "look, smell, ask, cut" and "prescription" are cut off, respectively, charges are the same. This is the "measures" the implementation of Sichuan Province of lawyers service charge management19Article2Paragraph3Items prohibited "decomposition project", "repeated charges" behavior.

3In this case, the agreed services for "clearing", "the lawsuit before mediation", "Proceedings of the first instance". According to the agreed this case is the need to resort to judicial way.

Among them, the "clearing" is the investigation and collection of evidence; civil litigation mediation work is through part; "trial proceedings" belongs to the significant litigation legal services. Therefore, the nature of the case should be "lawsuit", should be the implementation of government guidance prices.

4, in Qingyang trial court, the court asked the "risk charges" belongs to "charge" or "other legal service charge"? The appellee clear answer is: "the risk charge applies only to charge litigation". The appellant agree entirely.

"Special legal service contract" article 5.1.2Article second agreed: "more than a legitimate part of the original investment, Party A extraction60%B, extraction40%As a lawyer fees". It belongs to the typical risk charge way, therefore, even by the appellee's standard, this case also belongs to "lawsuit", should be the implementation of government guidance prices.

5, "Sichuan Province lawyers service fees and standards" article second (two) requirement: civil cases involving property relationship should be based on the amount of charge. When the bid for560Million yuan, shall apply500Million-1000Million this level of charges, i.e.In the3%-2%The floating range consultation fees. According to the calculation, this case will be in11.2Million-16.8Fee negotiation million.

In addition, the implementation of "measures" Sichuan Province lawyers service charge management section19Also provides that unauthorized increase charges or lower than the standard fees shall be subject to administrative punishment.

The charge of three, according to the government guidance price, not only is the mandatory provisions of the law, but the two sides agreed

1, the appellee argued: "lawyer services management approach", "Sichuan Province lawyer services management approach" and its annex "Sichuan Province lawyers service fees and standards", only the department regulations, does not belong to the "contract law" article52The provisions of laws, administrative regulations of the mandatory provisions, therefore, even if the violation of the above provisions, the charges are still valid.

2, "the people's Republic of ChinaPrice method"Article12Stipulates: "operators of price war,ShouldAbide by laws, rules and regulations,ExecutionFormulated in accordance with the lawThe government guidance priceThe government pricing, and the legal price intervention measures, emergency measures". Therefore, the lawyer fees in violation of the government guided prices is not only in violation of regulations, but also violates the formulated by the NPC Standing Committee"Mandatory provisions of the law", should belong to invalid.

3"," the special legal service contract5.1Article, article8.7Clearly agreed fees according to the standards set by the government. This is the true meaning of signing the contract. But,120Million charge far more than the two sides agreed to implement the government standard. Therefore, the120Million fee not only violates the mandatory provisions of the law, in violation of the true meaning of the parties said, therefore, should belong to invalid.

Four, should remove the "special legal service contract"

1, "special legal service contract" belong to the entrustment contract, according to the "contract law" article410The provisions of the contract, the client has the right "".

2The appellant has to2011Years1Month18To the appellee served up "on the lifting< special legal service contract>Notice ". "Fifth days of special legal service contract" has been in the service of the notice (after2011Years1Month23DayRelieve. Zhu Jianshe (a pseudonym) witness testimony has proved that the appellant has served to appellee Release Notice of facts.

3Principal agent contract, belongs to the highly personal trust contract. Now the two sides have check evidence of both parties at court, the appellant has not been possible to continue to trust the appellee, which shall be the appellant to the appellant to recover the remainder.

Five,The appellee's breach of contract rescission of contract

1The appellee, no contractual obligations

"And" the special legal service contract2Agent matters agreed to include: pre cleaning, mediation before litigation and trial proceedings. The appellee submitted "work", "idea" record of work and other materials are reflected, special legal work consists of5A stage, the5A stage is when the money can not be recovered, it shall timely filed a lawsuit.

"Records" also reflects the appellee that the appellant to recover only300Million yuan, the main payment has not been recovered fact. In this case, the appellee did not actively to perform its obligations under the contract, promptly filed a lawsuit, claiming rights. On the contrary, but with evidence of original phase coerce, persecuted the appellant must pay all attorney fees. Thus delayed the work process, leading to the appellant has not recovered a huge sum of money.

2The appellee, illegal detention of original evidence, breach of contract

The appellee will appeal people is part of the evidence submitted to the original the appellant and appellee, which all of the original evidences obtained illegally for himself, and to coerce the appellant must hand in fees.

The appellee still conceal substantial evidence to original documents, refused to submit to the appellant and the court. The appellee state clearly in the Jinniu District court's "civil complaint" in the appellee "investigation, collection, arrangement were related evidence2000Copies, classification, collection, compilation of data20Many "(indictment No.2Page No.1At the end of the period), is now the appellant is only provided to the court7In this, a total of873Page, according to the calculation of the appellee still hide11In this, a total of about1200Evidence data page.

3The appellee, refusing to meet changing law, breach of contract

"Special legal service contract" article1.3Article "in legal services, Party A shall have the right to request Party B to replace as the case law is not suitable for the legal services". The replacement of the appellant considered inappropriate for a lawyer is contractual rights.

In dealing with the case of legal services, the appeal that is not a lawyer who was not fit to deal with this case, and inform the lawyer qualification has replaced the appellant shall handle the entrusted matters. However, the appellee refused to change, the appellant thus cancelling the contract, which belongs to the contract rescission of the contract.

4The appellee, refused to invoice does not provide a default, again

"Special legal service contract" article8.2The only legitimate vouchers stipulated "the formal invoice financial dedicated seal affixed with Party B for Party B charge". However, by the receipts to the appellant submitted to the court just1A "receipt", rather than "the formal invoice". "The formal invoice is the only legitimate receipts", this is the format of the terms of the appellant by their agreement, however the appellee since the beginning of the collection, in violation of the agreement.

5The appellant, delayed payment by the appellee's approval

Both sides have some communication foundation and before signing the contract is the hometown of Bazhong, so we signed a "special legal service contract". The signing of the contract when the appellant is in difficult economic times, the appellant deferred payment, by the appellant did not deny.

"Special legal service contract" article5.1.3"The party not stipulated payment according to contract,After the warnings, Party B has the right to terminate this contract". In the case of delay in payment, the appellee has not officially urge the appellant, but continue to handle the entrusted affairs. However, the appellee on handling the entrusted matters in the process,Without noticeBut direct termination entrusted affairs (not to initiate timely action), therefore, is still the appellee default.

Six, should the government guidance price as the foundation, combine both fault and performance of the contract schedule rationally determine the cost of

1, previously stated, according to the case560Million bid, calculated in accordance with the guidance price of the governmentOnly in the11.2Million-16.8Fee negotiation million. This is the base and premise to determine the reasonable expenses.

2In this case, because the appellee or the entrusted affairs, to perform refused to meet the replacement of staff, and the illegal possession of the appellant evidence data, super regulations, standard fees behavior lead to the termination of the contract, therefore, should be in the government guidance price range wake up feeling deduction.

3, contract services for the "investigation", "the lawsuit before mediation" and "trial proceedings". One of the most key link for "trial proceedings", and this link has not been carried out, most of the money has not recovered.

4, if only to recover300Million yuan of money, you'll have to pay120Million yuan lawyer fees. This is tantamount to lawyers in the "raid homes and plunder houses", obviously unfair.

To sum up:The nature of "legal services" civil procedure, should be the implementation of government pricing. According to the mandatory provisions of the government guidance price charge is the law, is also the true meaning. In principal-agent contract situation, should be combined with the two sides of the fault and the degree of the contract schedule, fair, reasonable attorney's fees.

Yours sincerely

Chengdu City Intermediate People's court

                                           Sichuan law bank law firm

                                             Feng Mingchao lawyer Du Zhengwu

                                           Two0One or two years tenJanuary 7th