Lawyers acting for civil cases according to the subject of controversy in the difference between the progressive charging the spreadsheet

Beijing city attorney's fee
The government guidance price standard (Trial)

A criminal case, charging standards
(a) criminal cases fees in accordance with the handling phase of each piece determine fees.
　　1The investigation stage, each charge2000--10000Element.
　　2The stage of review and prosecution, each charge2000--10000Element.
　　3The first stage, each charge4000--30000Element.
　　4The above fees downward float open.
(two) the second instance, the death penalty review, retrial, appeal cases and criminal cases of private prosecution in accordance with the first stage of the standard fees charged lawyers service fees.
(three) multiple stages of a law firm agent of a case, reduction of fees from second stages.
(four) the victim filed a civil suit collateral to criminal proceedings, lawyers to collect service charges in accordance with the civil litigation fees.
(five) the suspect, the defendant also relates to several crimes or criminal facts, can be charged in accordance with the crimes or criminal facts are piece.
Two, civil litigation fees
(a) the civil cases in the trial stage determine fees.
　　1Piecework fees.
Each charge3000--10000Element.
　　2According to the proportion of the amount of charge standard.
　　10Million yuan (including10Million yuan), 10%(minimum charge3000Yuan);
　　10Million to100Million yuan (including100Million yuan)6%;
　　100Million to1000Million yuan (including1000Million yuan)4%;
　　1000Million yuan2%.
According to the amount of target difference between the progressive billing.
　　3The above fees downward float open.
(two) for contingent fees, the maximum fee shall not exceed the amount of principal and interest of the agreed property30%.
(three) fees and charges, the appeal case retrial respectively according to a trial to determine the lawyer's fees charged.
(four) multiple stages of a law firm agent of a case, reduction of fees from second stages.
Three, administrative litigation cases and cases of state compensation fees
(a) administrative litigation and state compensation cases determine fees in each trial stage piece.
(two) the standard charges for each piece3000--10000Element. The downward float open.
(three) involving property relationship, according to the civil litigation cases, according to the proportion of the amount of the fee standards.
Four, timing and charging standards:100Element3000Element/Effective working hours. The downward float open.
Five, the case of the law firm and the client agreed, in accordance with the provisions of the charging standard is not more than5Times of the fee, if no agreement is reached through consultation, the implementation of the provisions of the standard fees:
(a) the case of complex legal relations,The lawyer handling time significantly more than the similar cases;
(two) cases involving the difficult problem of professional, professional level is significantly higher than that of similar cases;
(three) major cases involving foreign element and has significant social impact cases.
Litigation does not exceed the amount of10Million yuan (including10Million) of civil cases, given the social insurance and the minimum living allowance cases, claims for alimony, child support, maintenance, pensions, benefits, compensation for work-related injury cases, request payment for labor cases, and risk agency case, the time charge as stipulated in the preceding paragraph shall not apply to the case.

　　
　　The measures for the implementation of Beijing lawyers service charge management(Trial)

　　
　The total Then
Article 1 To regulate the lawyers' fees behavior, safeguard the legitimate rights and interests of the client and lawyer in accordance with the law, 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 "lawyers service charge management approach" and other relevant laws, laws and regulations, combined with the actual situation of the city, the enactment of this approach.
Article second The present Measures shall be applicable to other established according to law in the administrative area of the city law firms and the province, autonomous region, or municipality directly under the central government law firm in Beijing branches in the city for the client to provide legal service fees.
The city attorney's office provides legal services in any other place, can implement this approach or the lawyers' fees management regulations and provide legal services to local, concrete shall be determined through consultation between the law firm and the client.
The city attorney's office is in other provinces, autonomous regions, municipalities directly under the central government set up local branches of lawyers service charge management regulations.
Article third The legal service fee is a law firm shall accept the Commission, appointed a lawyer to handle the legal affairs, service remunerations charged to the client.
Need to occur in the process of legal services to the third party payment, do not belong to the attorney fees, payment shall be made by the client.
Article fourth The lawyer's fees, voluntary and paid according to open and fair, honest credit, the client pays principle.
The client can choose the law firms to provide services. A law firm shall not receive services and charges a mandatory or compulsory parties.
Article fifth A law firm shall reduce the service cost, social fairness, convenience, and provide legal services to the clients due diligence.
Government pricing and market
Article Sixth The lawyer service charges imposed government pricing and market.
Article seventh A law firm shall provide the following legal services to government pricing:
(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.
Formulated by the municipal development and reform of lawyers service charge the government guidance price Standards Commission, the city Bureau of justice.
Article eighth Law firms to provide other legal services market, determined in consultation by the law firm and the client.
Article ninth Law firm and the client consultation lawyers fees shall consider the following factors:
(a) the work time spent.
(two) the degree of difficulty of legal affairs.
(three) the principal capacity.
(four) the lawyer may bear the risk and responsibility.
(five) the lawyer's social reputation and working level.
　　The lawyer service fees
Article tenth The lawyer's fees according to the different content services, fees, charges, take the piece at a certain proportion of the amount of charge, risk agent fees charges.
Article eleventh Piecework fees is a law firm for the client to provide legal advice, for legal affairs or the production of legal instruments and other services, service charge service remuneration in accordance with the number of charges.
Legal affairs piecework fees generally applicable to not involving property relationship.
Article twelfth Charges by the proportion of the amount is a law firm according to party disputes the amount of property, charge service compensation according to the proportion of charges.
Legal affairs at a certain proportion of the amount of charge is applied involving property relationship.
Article thirteenth Timing and charging is a law firm in accordance with the unit time of the charges, according to lawyers to provide legal services to give the effective working time, calculation of charge payment for the service charges.
Time charges may apply to all legal affairs.
Article fourteenth Contingent fees is a law firm to handle the legal affairs, from the client obtain property interests in accordance with the agreed amount or proportion of collecting payment for the service charges.
Article fifteenth Handling a civil case involving property relationship, law firms to inform the client the guidance price of the government, the client still requires the risk agency, a law firm may charge the risk agency.
Article sixteenth The following civil cases shall not implement the risk agency:
(a) marriage, inheritance cases.
(two) request for social insurance treatment or minimum living guarantee cases.
(three) request for payment of alimony, child support, maintenance, pensions, benefits, compensation for work-related injury cases.
(four) request payment for labor cases.
Article seventeenth Prohibition of criminal litigation, administrative litigation, state compensation cases and group litigation cases for contingent fees.
　　Contract on Lawyers' fees
Article eighteenth Law firm commissioned, should the relevant provisions explicitly inform the principal of management fees, and sign with the client "fee contract" lawyer service or specify the charging terms in the entrustment contract.
Article nineteenth "Fee contract" legal services agency contract from the contract. "Contract" lawyers service charge fees or clause shall include the following contents:
(a) services provide calculation method, fees, charges, fees and charges.
(two) the travel budget and collection method.
(three) legal fees, arbitration fees, appraisal fees, inspection fees, assessment fees, notary fees, fees need to estimate cost payment records shall be made by the client and receive.
(four) fees dispute solution.
(five) for contingent fees, shall be agreed upon both parties shall bear the risk responsibility, charging amount or proportion, charging stage, such as clearing the way.
"Contract" model text of lawyers service fees shall be formulated by the municipal lawyers association.
Article twentieth Law firm and the client after signing the contract, shall not unilaterally alter the charging items, charging scope, improve or increase the amount of charge, proportion. A justification for the need to change, the law firm must have the prior written consent of the client.
The lawyer's fees management
Article twenty-first A law firm shall be clearly stipulated price of providing legal services, accept supervision.
Article twenty-second A law firm shall provide legal services to the actual type and the client to sign the entrustment contract, not types in order to avoid the government guidance price change or a change in the provision of legal services.
Article twenty-third Law firms can advance all or part of the costs in the entrusted, can also be in accordance with the contract, provide legal services or completed during the legal service charge.
Article twenty-fourth Law firms need to advance the travel expenses, client should be to provide cost estimates, by consensus, signed by the two parties confirm.
Legal services needed to change the cost estimate, the law firm must have the prior written consent of the client.
Article twenty-fifth During the legal service of litigation fees, arbitration fees, appraisal fees, inspection fees, assessment fees, notary fees, fees and other records to third party payment, payment by the client.
Law firm on behalf of the principal to pay the costs and pay the travel expenses, shall, upon presentation of valid documents and the principal settlement. Law firms cannot provide valid certificates, the client can not pay.
Article twenty-sixth The lawyer's fees, the expenses paid on behalf of clients and the travel fee by the law firm.
In addition to the cost of three listed in the preceding paragraph, a law firm shall not collect other fees to the client in any name.
The individual lawyers shall not charge any fees to the client.
Article twenty-seventh Law firms to counsel clients to collect service charges, advance the traveling expenses for handling cases, shall promptly report to the principal issue lawful receipts.
Article twenty-eighth A law firm shall supervise the handling costs of lawyers.
Article twenty-ninth The lawyer must undertake the duty of legal aid, in accordance with the relevant provisions of national and city due diligence, to provide legal aid to the recipient.
Law firms and lawyers shall not charge any fees to the recipient.
Article thirtieth 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.
Law firms to reduce, exempt the lawyers' fees, shall be indicated in the contract price, from reason, way, range and the way of solving dispute.
　　Legal responsibility
Article thirty-first A law firm shall strictly implement the relevant provisions of lawyers service charge, accept the supervision and administration of the Department in charge of price and the judicial administrative department.
Article thirty-second Law firms, lawyers in any of the following illegal pricing acts, by the municipal, district in charge of prices 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 thirty-third City, district and County Bureau of justice and the bar association shall strengthen the supervision and administration of law firms and lawyers, legal service activities.
The city bar association found that law firms and lawyers, lawyers fees in violation of the relevant provisions of the management, should be promptly corrected; illegal act constitutes the administrative punishment, and times the city Bureau of justice.
City, district and County Bureau of justice in accordance with the "law" and "the illegal acts of the lawyers and law firms punishment measures" of law firms, lawyers of the law to implement administrative punishments:
(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 the travel regulations.
(three) not to provide the client in advance the travel budget, not issued by a lawyer's fees legal bills, vouchers not fees paid on behalf of, the 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 thirty-fourth Citizens, legal persons and other organizations that law firms or lawyers are illegal price behaviors, by letter, telephone, visit and other forms, to the competent pricing departments, judicial administrative department or the Municipal Lawyers Association report, complaints.
Article thirty-fifth Law firm and the client dispute because of the lawyers' fees, lawyers should be solved by negotiation with the client. If no agreement is reached through consultation, may appeal to the Municipal Lawyers Association for mediation, or may apply for arbitration or bring a lawsuit to the people's court.
Attached Then
Article thirty-sixth This approach by the municipal development and Reform Commission, the city Bureau of justice shall be responsible for the interpretation of.
Article thirty-seventh The present Measures shall2010Years5Month30The trial date.

Lawyer Ma Tao 18801080363

Beijing Shang'an law firm

Beijing Shang An Law Firm

Five couplet edifice of Beijing city Chaoyang District Jianhua South Road No. 17

Zip code: 100022 Tel: 010-65696255

E-MAIL:18801080363@126COM