Which case can not risk agency

  • Created:
  • / Author: Aaron Lewis

 

 
Question: which case can not risk agency?
Answer: according to the provisions of Guangdong Provincial Price Bureau, Guangdong Provincial Department of justice, the following cases can't risk agency:
(a) marriage, inheritance cases;
(two) request for social insurance treatment or the minimum living allowance;
(three) request for payment of alimony, child support, maintenance, pensions, benefits, compensation system;
(four) request to pay labor remuneration.
 
Prohibition of criminal litigation, administrative litigation, state compensation cases and group litigation cases for contingent fees.
For contingent fees, the maximum charging amount shall not exceed the amount stipulated in the charging contract 30%.
 
 
 
Attached: "the implementation of Guangdong Provincial Price Bureau, Justice Department lawyers services management approach"
 
 
Guangdong Provincial Price Bureau, Guangdong Provincial Department of Justice issued on the "Guangdong Provincial Price Bureau, Department of Justice
LawyerNotification service fees management implementation approach "
 
Guangdong price (2006) No. 298
Two hundred six years in December 25th
 
Municipalities, county (District) Price Bureau, bureau of justice:
According to the "national development and Reform Commission, the Ministry of Justice issued on the 'lawyer management services' notice" (development and reform the price (2006) No. 611) notice and the former State Planning Commission and other six ministries "on the issuance of' intermediary services management approach" (the 'total price (1999) No. 2255) the relevant provisions, we formulated the "implementation of Guangdong Provincial Price Bureau, Justice Department lawyers services management approach", which are hereby issued to you, please follow.
 
The measures for the implementation of Guangdong Provincial Price Bureau, Justice Department lawyers service charge management
 
Article 1 in order to regulate the lawyers' fees behavior, to safeguard the client and lawyer's rights and interests, promoting the healthy development of Guangdong Province lawyer services, according to the "PRC price law", "Lawyers Law of the PRC" and "the national development and Reform Commission, the Ministry of justice on the issuance of the lawyer management services' 'notice" (development and reform the price (2006) No. 611) notice and the former State Planning Commission and other six ministries "on the issuance of' intermediary services management approach" (the 'total price (1999) No. 2255) the relevant provisions of Guangdong Province, combined with the specific circumstances of attorney services, formulate the measures for the implementation of.
Second approach applies the fees in accordance with the law "to" the people's Republic of China in the Guangdong Provincial Department of registration law firm provides legal services to the clients.
Article third the lawyer's fees paid and voluntary, fair, and follow the principle of openness, honesty and credit and the principle of fair competition.
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 is law firm accepts a commission for legal affairs, service remunerations charged to the client.
The lawyer's fees of intermediary services, the government guided price and market regulated prices classification management. The benchmark price of Guangdong Province to implement the government guided prices and the fluctuation range of lawyers service charge shall be formulated jointly by the provincial Price Bureau and the Department of Justice (see Annex). Law firm shall be in the prescribed benchmark price and the floating range negotiation with the client to determine specific charges.
The fifth article of the law firm shall provide the following legal service charges imposed government restriction:
(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.
Law firms to provide other legal service charges imposed market.
Article sixth the market price of the lawyers' fees, shall be determined through consultation between the law firm and the client. Lawyers association can charge the price guidance for law firm and the client implementation, and report to the provincial Price Bureau, the Department of justice for the record.
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) for a law firm lawyers and lawyers to undertake business ability;
(four) the principal capacity and the local social and economic development;
(five) the lawyer may bear the risk and responsibility;
(six) the lawyer's social reputation and working level;
(seven) for other necessary costs of the case required.
The seventh 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.
The eighth charge is refers to the law firm provides legal service cost according to the effective work time, within defined standards, to counsel clients to collect service charges valuation methods according to determine the fee per hour.
The timing and charging, at the end of the trial, the law firm shall issue a work list to a client.
Source: (Http://blog.sina.com.cn/s/blog_5364f6c70100e76e.html -) which cases can't risk agency _ asked to the depths of _ Sina blog
Rules of calculation time fee shall be formulated separately by the provincial Lawyers Association, the provincial Price Bureau, executive judicial department after approval.
The ninth piece Collection refers to each principal legal affairs as the basic unit, in accordance with the provisions of the amount or within the prescribed scope, range, limits of specific agreed the lawyer's fees charged by the pricing mode.
Article tenth for a civil case involving property relationship, the client is informed of the government guided prices still requires the risk agency, a law firm may charge the risk agency, except under the following circumstances:
(a) marriage, inheritance cases;
(two) request for social insurance treatment or the minimum living allowance;
(three) request for payment of alimony, child support, maintenance, pensions, benefits, compensation system;
(four) request to pay labor remuneration.
Article eleventh risk agency fees refers to lawyers in the Commission, only basic fees, target, other services paid by the law firm and the client is the entrusted matters should realize the effect and afford lawyers service fees, the proportion of time
As previously agreed, to achieve the agreed conditions, according to the agreed payment; not agreed, no longer pay any fees.
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.
For contingent fees, the maximum charging amount shall not exceed the amount stipulated in the charging contract 30%.
Article twelfth prohibits criminal litigation, administrative litigation, state compensation cases and group litigation cases for contingent fees.
Article thirteenth the government suggested the introduction of lawyers, law firms according to the local economic development level, the matters entrusted to the degree of difficulty and the principal economic capacity, in the provisions of the standard fees within the fluctuation range, determine the specific charges.
In economically underdeveloped areas, with the consent of the local price departments and judicial administrative organs, can expand the lawyer service government guidance prices downward float.
Other expenses fourteenth law firms in the process of providing legal services on behalf of the principal in payment of litigation fees, arbitration fees, appraisal fees, notary fees, file consulting fees, translation fees, handling different travel, cross-border communication fees, expert fees and law firm paid for the clients use (hereinafter referred to as "handling fee"), do not belong to the lawyers' fees, payment shall be made by the client. But the two sides agreed otherwise in the implementation of the contingent fee except.
The case handling fees can be paid directly by the client, or by a law firm on behalf of payment. By a law firm on behalf of payment, a law firm may advance handling fee.
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 must have the prior written consent of the client.
Clearly the price system to implement the fifteenth lawyers' fees, lawyers should be a prominent position in fees for the publication of all lawyers service items and charging standards, consciously accept the supervision of society.
Matters related to the sixteenth law firm lawyers to collect service charges shall be stated in the contract or power of attorney, explicit fees, charges, the standard, the amount of charge, mode of payment, time limit
And dispute settlement methods etc..
The seventeenth lawyers service fees and handling fees charged by law firm. The individual lawyers shall not charge any fees to the client.
Law firm lawyers to collect service charges, must be legitimate receipts as required by the tax authorities to use. In handling charges must issue written confirmation document, and in strict accordance with the prescribed use rational use. The entrusted matters Banjie, must make use of list of case handling fees, legal instruments and the client provides the tax department of the settlement, the balance or cannot provide notes, has been charged by the case handling fees should be refunded.
Eighteenth because of the requirement of lawyer fault or terminate the trust relationship without justifiable reasons, or because of the fault of a client or the termination of a relationship without justified reasons, the relevant expenses of refund and compensation according to the "contract law" for the.
The nineteenth article of the law firm shall accept assignments 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.
A law firm shall not to the exclusion of other law firms for the purpose, by reducing or exempting lawyers service fees to attract clients, unfair competition.
Twentieth branches of the law firm in the establishment, shall carry out the location of branch of fees.
The twenty-first article of the law firm provides legal services in any other place, can the lawyer's fees provisions of law firm is located or to provide legal service is located, but must be specifically identified in the contract in charge.
The twenty-second article of the law firm must charge in strict accordance with the standards of the provisions of the range of fees, charges.
Article twenty-third the competent price departments at all levels should strengthen supervision and inspection of law firms charge.
Law firms, lawyers have one of the following illegal pricing acts, the government price departments 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.
Twenty-fourth judicial administrative departments at various levels shall 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 twenty-fifth 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 departments or lawyers association report, complaints.
Article twenty-sixth dispute arising from the lawyer's fees, lawyers should be solved by negotiation with the client.
The consultation fails, the law firm may submit to the lawyers association, the judicial administration department and the competent department of price mediation, or may apply for arbitration or bring a lawsuit to the people's court.
Article twenty-seventh the lawyers' fees dispute mediation procedures shall be formulated separately.
This the twenty-eighth method by the provincial Price Bureau will be the Provincial Justice Department is responsible for the interpretation of.
The twenty-ninth article of this approach since January 10, 2007 onwards, the provincial Price Bureau, the Provincial Justice Department "notice on Issuing the measures for the implementation of Guangdong Province of lawyers service charge management" (Guangdong price (2005) No. 157) shall be repealed simultaneously.