Reprint: all the lawyer charge standard

A foreign lawyer fees, comparison
  The lawyer charge has become the bottleneck for the development of lawyers is a very difficult problem, industry lawyers complained that the lawyer charge standard is too low, industry insiders said the lawyer fees are too high, then, what our country lawyer what systems and standards? At present, China's effective lawyer charge regulations is in 1997 the State Planning Commission, Ministry of Justice issued "the lawyer fees management Interim Measures", the lawyer charges system provides some principles. And the provisions of relevant lawyer charges according to the standard by the judicial administration department of the State Council put forward a proposal, submitted to the price department of the State Council for approval, but the plan has not yet come. In practice, the reference is still used in charging standards 1990 "lawyer". 90 "charges" is a product of planned economy transition period of our country, with the in-depth development of China's market economy and accession to the WTO, the charging standard already can't adapt to the new situation, in practice there has been a breakthrough, and there have been some "means" not stipulated fees and charges, formulate scientific and system to adapt to the development of market economy in China has become a pressing matter of the moment the lawyer industry development. In this paper the lawyer charges system of lawyer industry in developed countries studied, and compared with China's lawyer system, in order to improve some lessons for our country lawyer system.
  The lawyer charge using whatever means, basic structure of Chengdu consists of three parts, namely, fees, costs and expenses. As the French lawyer charges into fee (lawyers providing legal service charge compensation), cost (calls, postage, tax expenditure (), large amount of spending such as court fees, travel expenses). Many countries and regions have fees and expenses independent, paid directly by the parties. As China's "charges" the eighth regulation, appraisal fees, service process of the notary fees, travel expenses shall be paid by the client. The lawyers fee according to law to spend time, energy, case difficulty many factors. Therefore, the essence of the lawyer charge is the fee collection methods.
(a) foreign lawyers charge mode
  L, timing and charging. As a basic legal fees, according to the charges for providing legal service for the customer to spend hours. In American, usually by a law firm management committee according to the lawyer's qualifications, experience and reputation, to develop the corresponding charges for each lawyer, generally at between $75 to $500. In Japan, legal advice in 30 minutes charge in more than 5000, more than 30 minutes according to the standard fee increases.... This pricing method and the matters entrusted to the success or failure of no relationship, which belongs to the "Hanlaobaoshou", plays a good role on the stability of legal affairs, reasonable management.
  Now some experts, American famous lawyers generally adopts the high pricing, timing and charging, these people are generally not deliberately delay time, basically will be faster, better and more efficient work. In recent years, and the emergence of cap fees, the fees on time basis but the regulations shall not exceed the amount agreed in advance.
  2, the fixed charge. Divided into two types, one is also called pricing, which the two sides negotiated a fixed fee, for a transaction of a law or in the case, the costs will not charge any other fees. The charging method is conducive to the lawyers quickly handle the entrusted affair, but may also lead to lawyers do not seriously deal with the entrusted affairs. Another consultancy fees, according to an annual, month is charge a fixed fee, and continue to maintain a relationship. As in Japan, even if not to negotiate business case, a month to pay 50000 yen of non enterprise legal adviser, is 60000 yen per month, if the case is further relief of litigation fees.
  3, consultation fees. The lawyer and client based on cases of difficulty, complexity, time, distance and other factors related to the location and determine the fees through negotiation. It is a kind of charge method widely used in western countries, in fact this charging method is usually used in combination with other charges. For example, the timing and charging based on assessment of service value to increase or decrease the cost, but to reduce disputes, many states have provided over American minimum amount and no cooperation between the parties in the law is not often agents or (such as $1000 in California) charges, should have a written agreement.
  4, according to the amount of subject matter of litigation fees. That is according to a certain proportion of disputed object amount to charge litigation fees. For example, according to the articles of association of Japan in 1975 twenty "IBA remuneration standard" 18: civil litigation, non litigation cases, administrative cases, arbitration cases shall charge a certain percentage of the amount in dispute "fees", the successful return in the same proportion as an "" (table calculation specialized both). This - charging method is simple, easy to calculate, but is not very reasonable, because the subject is not the only factor of complexity of the case, the non money creditor's rights case sometimes does not apply.
5, contingent fees. Also known as risk charge, the lawyers receive remuneration for the conditions to win, if extracted a higher proportion of successful results lawyers can be the subject of litigation or the amount of compensation in the remuneration, otherwise no charge or decreasing returns.
Two, lawyers fees reasonable standard
  In Japan, the lawyer lawsuit will be 2-15% "successful return" success fee. In American this in the range of 20-60%, Goldman Sachs litigation fees charged in court (such as New Jersey) will charge ratio is limited to 50%. In Britain and many other European countries, contingency fee is banned as a form of champerty, because independence may affect the lawyer. If the lawyer charges success fee equal to allow lawyers speculation in litigation, non litigation according to the tired. But the use of this means of charging state in a rising trend, the utility model has the advantages of the client do not have to pay legal fees, lawyers working enthusiasm high. Defect is in payment of attorney fee is very high, so for the large claims can not afford is an ideal way to lawyers who. But in criminal cases, marriage, family cases are not allowed to apply.
(two) our lawyer fees
  According to the 97 "fees" and 90 "charges", our country lawyer has the following several ways: 1, piecework fees. Is one of the main take our charges, similar to the foreign pricing. "Fees" provisions, not involving property relationship piecework fees. "Charges" stipulates the following circumstances applies piecework fees: (1) legal advice. As relates to the general property between 2-10 yuan / piece; (2) making legal documents. As a civil contract, contract 10-50 yuan / piece; (3) handle criminal cases. As a trial case 30-150 yuan / piece.
  2, charge. "Fees" regulation: legal adviser, providing relevant legal non litigation legal services or to answer inquiries, the litigation documents and other legal documents can also be time charges, such as legal advice to 2-15 yuan / hour. But the toll way in our country application range is relatively narrow, to be perfect.
  3, involving property relationship at a certain proportion of the amount of charge. One of the main charges, in accordance with the "standards", involving property relationship of civil cases, handle the cases of economic disputes than for the case handling charges, according to a certain proportion of the amount of the dispute object plus a fee.
  4, consultation fees. In accordance with the "charges", as a legal advisor, providing relevant legal non litigation legal services or to answer inquiries, the litigation documents and other legal documents, shall be determined through consultation between the law firm and the client. According to the "charges", several consultation fees also provisions, such as the legal adviser, if not according to the annual fixed charge, can be in charge of signing on fee after another lawyer as a consultant unit according to the actual workload consultation fees.
(three) comparison and Reflection on lawyers fees
  First, from the fees provisions, our lawyers charge a single comparison, the majority of legal affairs are paid by the piece, involving property relationship in addition to charge a fee is charged bid, although also provides the consultation fee and charge (both overlap), but obviously the scope is very narrow.
  Second, do not reflect the consultation fees subject status in the lawyer fees in. The lawyer charge has become a kind of market behavior, of course, to reflect the consensus, rationality only consultation fees can facilitate the lawyer industry fair competition and fees, lawyers fees to price and service value consistent. In fact, both in the Western lawyers industry in developed countries or in China law practice, consultation fees has become a comprehensive charging method using combined with various charging mode. Because of the different cases, regardless of the economy case or the parties are differ in thousands of ways, it is not possible to determine a fixed charge model, but in the "scope of application fees" negotiating fees is very narrow, the coordinated development of lawyer industry and not under the market economy.
  Third, compared with foreign fees, charges no established risk mechanism. In this regard, foreign the success fee is worth learning. Obviously, contingency fee is not suitable for some cases, the scale of charges to make restrictions, but the charges on personal injury compensation, right of reputation, the right of portrait, the general personality right, debt collection debt disputes is also very prominent. The lawyer charges under the condition of market economy should be diversified, the establishment of fair competition and incentive mechanism, embodies the characteristic of high risk and high income of the lawyer industry, development so as to promote China's lawyer industry.
(a) foreign lawyers fees reasonable standard
  In American lawyers fees, factors of rationality is often considered the: A, spent time and effort; B, relates to the complexity and novelty problem; C, required to provide service skills; D, lost hold each other agents opportunities: E, a specific area of similar legal services usually charges amount; and hearing the case F, the subject of the results; G, the principal of time limit; H, lawyer's experience, reputation, ability; I, the way of charging is pricing, proportional or contingency fee.
  In the UK, the solicitor receive remuneration should be based on seven pillars of wisdom: complexity and problems of A, case difficulty and whether to belong to the new case; B, involved in the case of a lawyer, the amount of labor, special knowledge, level of responsibility; a number of documents and importance of C, the D, or research work; the places and situations; E, work time; F, such as cases involving money and property, the amount and value; G, in the case of the principal, the degree of importance of the case.
  In Japan, according to the "reward" standard procedures, fee collection focuses on: the length of time A, legal advice; B, preparation of documents recorded in the price of three, lawyers fees standards
Amount; C, contract negotiation target size: D, the establishment of the company, change relates to the amount of capital size; E, consulting fees as the enterprise scale and constant; F, civil and administrative cases involved in bid for the calculation basis; G, the criminal cases involved in interrogation program, the sentence is calculated in addition, considering the actual costs and travel expenses allowance.
(two) the rationality standard of Chinese lawyers
  According to the "charges fees" the sixth article of the law should consider the following factors: A, for law firms to handle legal affairs number; B, need to work on time; complexity of C, dealing with legal affairs in handling legal affairs; D, the possible risks and responsibilities; E, the principal capacity. Article fifth also stipulates the lawyer charge a cost compensation for the services of a lawyer.
(three) lawyers charge comparison and Reflection on rationality standard
  The basic principle of lawyer fees reasonable standards equivalent to the lawyer charges system, is a comprehensive target by numerous factors combination, product is also an assessment center, is a reasonable distribution of rights and obligations, reasonable adjustment of interests and relationships. The lawyer fees reasonable standard to determine the rationality should mainly embody in two aspects: first, to meet the market law of value and interest law requirements, can provide the guiding principles for the establishment of uniform charging standards of science. Second, the lawyers and the parties are fair, and become the guiding principle of consultation fees (especially for the determination of criminal lawyers' fees), so do not make reasonable standard charges become abstract concept, can reflect the carrier. Obviously, the national standard of reasonableness relatively thorough, and our country is relatively simple, it is difficult to give full play to the role of guiding principles. In addition, as the "principal capacity" such standards in practice must be taken into account, it is not easy to directly stipulated in the articles of association.
(a)Foreign lawyers fees
  First, a uniform charging standards of the state. Japan belongs to the mandatory fees, litigation, non litigation cases involving property, administrative case to charge a fee according to a certain proportion of the amount, in favor of later by the same proportion "successful return", losing is not reap the rewards (table calculation specialized has), 500000 yen fee, success fee is 15%, more than decreasing part is divided into nine levels, the lowest fees, contingency fee is 2%. The criminal defense in addition to charge fees according to the regulations, but also in accordance with the contingency fee for the sentencing circumstances from different. Lawyers for the parties except for business travel, should be a day to 20000 yen subsidy law.
  EU Member States generally requires, in addition to legal aid for special provisions, lawyers on the criminal procedure and the determination of the amount of the fee free, but Denmark, Italy, Greece, except. In criminal proceedings, Italy has a special tariff charges minimum and maximum limits. In Denmark, the State paid defense costs special counsel give defendant defense, cost is determined by the court.
  Relating to civil litigation fees and expenses, the provisions of the EU member states are charged in accordance with the law standard on litigation matters, there are provisions of the standard fees for the court debate, investigate the case. While the non litigation charges relatively flexible, allowing for a certain degree of freedom. In addition, many countries lawyer charges (except Japan) no matter win or lose on the old determine the amount of charge.
  Second, no unified charges standard country. Including the UK, Thailand, India, new zealand. In general by the law a reasonable standard, by both parties to the collection of fees. The Luxemburg situation is very special, there is no legal list does not have a flexible standards, but only requires the lawyer charges must be reasonable. Of course is not to say that there is no standard to follow in these countries the lawyer charge, usually have to adapt with the social economic level, case, lawyers ability.
(two) our lawyer fees

  According to the "charges": on litigation, arbitration case agent fees should follow the charges; provide legal advice, handling non litigation affairs, as can be determined by both parties through consultation. The lawyer fees are basically win or lose, the original charge according to determine the amount of criminal cases, in addition to the European and American countries compared with similar. But in fact there is no lawyer fees specialized, refer to the applicable standards is still 90 "practice". This standard will be a lawyer fees are divided into eight kinds, is essentially the two types: (1) providing legal advice, legal instruments, in handling criminal cases, deal with some administrative cases, as legal adviser, have set up strict standards. As for the first instance criminal cases 30-150 yuan / piece, labor dispute cases 30-50 yuan / piece, the production of civil contract 10-50 yuan / piece. (2) the civil property cases, cases of economic disputes, the contract involves non appeal business is generally a fee (contract of non appeal business excepted) spiked a percentage fee. As for civil cases to collect 100-200 yuan / piece of fee, 5000 yuan of the following is not another charge 5001-10000 yuan, according to the 3% charge.
Three.Comparison and analysis of Chinese and foreign standards
  First, by comparison, we can see the lawyer charges mainly has three kinds of patterns: one is the national legal standards, require lawyers to perform strictly according to the standards; two is a reference to the national standard requirements, fees are determined by the attorney client ginseng according to the standard consultation; three of the countries are not standard, entirely by the lawyer negotiation with the client to receive. Obviously, our country belongs to the first model, the advantage of easy to lawyer's supervision and management, disadvantage is the charging standard is too rigid, it is difficult to adapt to the market economy under the complicated and changeable social reality. But even the charging standard law unified country, many are the reference standard, allowing both parties to negotiate ways to break through in a certain range. In our country, along with the transformation of the development of market economy and law firms to the social intermediary service organizations role, require lawyers to take strict uniform charging standards model will not. According to the situation of our country, the lawyer charge shall follow the market regulation and state intervention in the principle of combining, the parties and the legal standard mode, making for a consultation between the two sides using a reference standard, this is conducive to reach agreement, but also conducive to prevent and solve the fees dispute.
Four, lawyers fees dispute resolution mode
  Second, through the comparison, the lawyer charge standards in China and did not fully reflect the rationality: (1) compared with his country lawyer, the lawyer charge standard is too low, especially criminal charges. Lawyers are not civil servants, income, medical, retirement and other aspects such as public officials for security; the lawyer occupation is a risk, the greater the risk, the higher the income, which makes it easy for people to understand. The lawyer industry in the developed countries, the lawyer's income is generally higher than the corresponding national civil service income, so as to encourage outstanding talent flow to the lawyers. (2) the amount of charge and the lawyer of labor and did not reflect the corresponding relationship. For example, for a civil or economic cases, may income thousands or even tens of thousands of yuan, but for a criminal case may spend more energy, more risky, but each only 30-150 yuan, leading to many lawyers are unwilling to handle criminal cases. Some law firms is also mandatory each year must apply for a few pieces of lawyer criminal cases, which specialized in the world trend of lawyer industry development. (3) legal services lawyers in China has become a market product, should reflect the higher prices for better quality, encourage lawyers fees reasonable gap, so that we can promote the lawyer industry fair competition, improve the quality of service. But our country unified pricing, the lawyer charges different ability of the same, it is very difficult to achieve this goal. (4) the view from abroad, Lawyers Guild in the formulation of lawyer charge standard process, plays an important role in. Because the understanding of business lawyers association, research is the most convenient. At the same time, China is the economic development of each region is not balanced power, the author agrees with divided area charge standards formulation. So the author advocates to area Bar Association as the main body, together with the judicial administrative, price sector, after in-depth empirical research, the full consideration of the lawyer charge by various factors, to formulate a resilient, relatively stable, for lawyers and the parties to use fees.
(a)Foreign lawyers fees dispute resolution
  In Denmark, the parties concerned may be between him and the lawyers for remuneration due to the dispute submitted to peruse solutions, both sides of the Bar Association Award area to Denmark disciplinary committee appeal, which make the final decision, it can also tell a court, but the court will generally maintain the Danish Association award. The Danish Association disciplinary committee member half is a lawyer, half is a judge, IBA and Danish Lvxie ruling area are regularly in the "lawyer" (Official Gazette Danish lawyers) was published, but not disclose the name of the lawyer. The parties may directly file for court to solve dispute with his lawyer fees are in any case, if they also brought to the court and the Danish Association of solving disputes, the court must make a judgment on the verdict disciplinary committee to.
  In France, the original provisions of each section within the allowed lawyers to recourse fee to the court, but now has changed. Both sides can also be submitted to the IBA membership fee disputes, chairman of lawyers in three months if refuses to accept the ruling, the ruling, may appeal within a month of Civil Court chief justice, otherwise can request the enforcement lawyers association chairman's ruling. In Luxemburg and Holland, the court before Judge generally must obtain the evaluation or license or the chairman of the association of lawyers association.
  In Germany, lawyers in litigation over, shall submit a list of costs to the clerk of court (and to the other party a party). Assessment by the Secretary's office "costs" Evaluation Officer, and will notify each other. If one party does not accept the can appeal to the court. In Italy, such as the expenses occurred disputes, lawyers can be expense accounts, bills submitted to peruse assessed his; also can be made by both parties negotiate assessment by the IBA in action after the end of the bar, the decision is binding on both parties. Lawyers can also be filed a lawsuit fee dispute, the court will attempt to reconcile, if mediation fails, the court must repeat the Association Council opinion before the verdict.
(two) our country lawyer dispute handling procedures
  97 "fees" no specific regulations on lawyers fees dispute handling procedures, only 15 provisions on "fault" by the law firm where the judicial departments at or above the county level may, both can be legally litigation. According to the 90 "business management fees" deal can appeal to the local judicial and administrative departments and the Department of prices charged dispute settlement consultations, the judicial administrative organ, the commodity price departments shall timely handle.
Three.Comparison and Reflection on lawyers fees dispute
  Preliminary development in our country law period, law firms are not the independent market main body, the lawyer industry organization development is not perfect, not perfect function, emphasizing the administrative organ is correct for the controversial treatment intervention, also be without rebuke. But with the rapid development of lawyer industry in recent years, the lawyer organization has become the market intermediary organizations to provide legal services lawyers, many organizations have developed quite perfect, and establish and perfect the various functions of the special committee, stressed the administrative organ involvement in the dispute is obviously not appropriate. In contrast, the European and American countries charge dispute processing program emphasizes the importance of the IBA (including national and local) lead role in handling disputes in the. After all, the association of lawyers is most familiar mechanism, and autonomous organizations, lawyers, by the rating agencies or more appropriate. Especially the dispute settlement procedures in Denmark is with reference to our country.
  The author believes that the establishment of lawyer charge dispute handling procedures should be used in China IBA ethical constraints, legal constraints for processing system security is a combination of, attorney fees dispute should be according to the occupation ethics mainly IBA made by IBA treatment, and take the way of combination of mediation and Adjudication decision. If a party refuses to accept, can sue to the court, in its ruling with law and not obvious, not obviously unfair, unreasonable circumstances, the court should maintain. During the period prescribed by law, neither brings a suit nor performer, rights may apply to the court for compulsory execution. The party may also directly file for court fee dispute with his lawyer, before the court in the judgement shall listen to the opinions of the association, association of cost evaluation of effectiveness, is better than general evidence. If the parties to the court and lawyers association and to resolve disputes, the court must make to judgement ruling in iba.
(author: East China University Of Politics and Law)