Article 2 Method of charging
1. According to the different service contents and methods, the lawyer's service fee can be fixed, piecework, proportional to the bid amount, time-based and risk agency, or independent or comprehensive.
2. If the legal service fee is fixed, the client and the law firm shall negotiate to determine the specific fee amount according to the nature of the business, the target amount, the major difficulty and the practice risk, and determine it in the entrustment contract.
3. If the legal service fee is charged by piece, the client and the law firm shall determine the amount of the fee according to the size of the subject matter of the case and a certain rate. It is suitable for the lawyer business with simple business and small target amount.
4. If the legal service fee is charged according to the proportion of the subject matter, the client and the law firm shall calculate the legal service fee by stages according to the size of the subject matter of the case.
5. If the legal service fee is charged by time, the client and the law firm shall negotiate the hourly rate according to the business nature, target amount, major difficulty, practice risk, law firm cost, lawyer's legal service level and other factors. If more than one lawyer provides legal services, the hourly rate can be calculated separately according to the working hours and experience of the lawyers, or the average hourly rate can be charged uniformly, and the service time of each lawyer is calculated cumulatively. The travel time for lawyers to handle local legal affairs is halved, and the time spent on transportation and the necessary stay in other places is halved. A lawyer shall fill in the work log in a timely and accurate manner, and the time list submitted to the client shall be reviewed by the competent partner or the person in charge of the firm.
6. If the legal service fee is charged by means of risk agency, the client and the law firm shall negotiate and determine it according to the amount of the disputed subject matter, the difficulty of achieving the agency goal, the number of litigation stages covered by the agency work and other factors.
Article 3 Specific guiding standards for lawyers' fees
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property relationship is not involved, the charging standard is 5000-40000 yuan/piece.
2 involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
(1) 6%-7% will be charged for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan), and 5,000 yuan will be charged for the part less than 5,000 yuan;
(2) 5%-6% of RMB 6,543.8+million (including RMB 6,543.8+million);
(3) 4%-5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(4) 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 3%-4%;
(5)100000 yuan to 50 million yuan (including 50 million yuan) is1%-2%;
(6) 0.5%- 1% of more than 50 million yuan.
3. The above two charging standards are the charging standards in the first instance stage of civil litigation cases. Acting as an agent for a second instance or retrial case alone, or acting as an agent for arbitration cases, or refusing to execute or cancel the arbitration award, it shall be implemented with reference to the above-mentioned charging standards for the first instance stage. If the same law firm represents the same case in different stages of trial again, it can give a discount of no more than 50%. If this lawsuit represents both counterclaims and counterclaims, counterclaims and counterclaims will reduce the first-instance charges of civil cases as appropriate according to the amount of the subject matter.
4 foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) charging standards shall be implemented in principle with reference to the charging standards for civil litigation cases of first instance. Involving multilingual legal services, you can charge no more than 3 times the fee on the basis of the above standards. With the consent of the client, the law firm may also consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to determine the amount of fees.
5. For major, difficult and complicated civil litigation and arbitration cases, the charging standard can be increased by no more than 3 times on the basis of the charging standard in the first instance of civil litigation cases. The following cases are major, difficult and complicated civil litigation and arbitration cases:
(1) * * Cases involving three or more parties;
(two) intellectual property disputes, unfair competition disputes, disputes over the right of goodwill and reputation;
(3) Cases with difficulty in obtaining evidence;
(4) New types of cases;
(5) Cases involving more than two legal relationships;
(six) cases involving professional knowledge and requiring the assistance of non-legal professionals;
(seven) other civil litigation and arbitration cases that the law firm and the client think are significant, difficult and complicated.
6. Risk agency fees can be executed in civil litigation and arbitration cases. Where property relations are involved, the risk agency fee is 8%-30% of the disputed object, and the basic agency fee can be charged according to the case acceptance fee of the people's court or arbitration institution. In principle, the all-insurance agency method without basic agency fee cannot be adopted.
7. Lawyers' fees can be charged by time in civil litigation and arbitration cases. The standard of time charge is 500 yuan-3,000 yuan/hour, and no more than 2 times can be charged on the basis of the above standard if it meets the above item 5.
8. Implementation case:
(1) The execution cases independently undertaken shall be charged according to the amount of the execution target and the charging standard of the first trial stage;
(2) In case of first trial or second trial, in principle, the charge is 50%-80% of the charge standard in the first trial stage. Major execution cases with great difficulty and complicated execution procedures shall be charged according to the charging standard of the first instance stage;
(3) Agency execution cases can also be used for risk agency or charge by time according to the above charging standards.
9. Acting as an agent for civil appeal cases shall be charged according to the charging standard of the first-instance stage of acting as an agent for civil litigation cases. For complex and difficult cases, the charge shall not exceed 1.5 times, and risk agency or time charge may also be conducted according to the above provisions.
(2) Acting as an agent in administrative cases
(1) 5,000 ~ 60,000 yuan/piece not involving property rights;
(2) Where property rights are involved, the second item of Article 2 (1) shall apply.
(3) Special expenses for non-litigation business
The charging standard of non-litigation business generally adopts time charging, piece-rate charging or charging according to the amount involved.
The charging standard for 1. hour is 500 yuan-3,000 yuan/hour, and the fees for complex legal services can be increased by no more than 2 times on the basis of the above standards.
2. Piece-by-piece fees, clients and law firms can reasonably float on the basis of the following minimum fees according to the amount involved and the complexity of the project:
(1) Legal consultation and simple contract modification, with the minimum fee not lower than that of 500 yuan;
(2) The minimum cost of drafting a contract or modifying a complex contract shall be no less than 2,000 yuan;
(3) to participate in simple project negotiations, the minimum fee is not less than 2000 yuan;
(4) The minimum fee for issuing legal opinions on simple and single matters is not less than 5,000 yuan;
(5) The minimum fee for issuing legal opinions based on preliminary due diligence is not less than 30,000 yuan.
3. Non-litigation legal services such as investment and financing, restructuring and listing, merger and reorganization, liquidation and cancellation, major project construction and foreign-related business. , which requires comprehensive due diligence, design of transaction structure, participation in project negotiation, drafting of major transaction documents or issuance of legal opinions, shall be collected in proportion and in stages according to the amount involved:
(1) 1 10,000 yuan (including 1 10,000 yuan), the following fees shall not be less than 50,000 yuan;
(2) The fee for the part from 6,543,800 yuan to 5 million yuan (including 5 million yuan) is 5% of the bid amount;
(3) 5 million yuan to 6.5438+0 million yuan (including 6.5438+0 million yuan) is 3% of the bid amount;
(4) The cost of100000 yuan to 50 million yuan (including 50 million yuan) is 2% of the bid amount;
(5) The fee of 50 million yuan to 6.5438+0 million yuan (including 6.5438+0 million yuan) is 6.5438+0% of the bid amount;
(6) The charge for the part above 6,543,800,000 yuan is 0.5% of the target amount.
(4) criminal case defense agency (agency)
1. Investigation stage:
Charge per piece 10000-50000 yuan.
Handle the following matters separately, and the charging standard is:
(1) Providing legal advice: 1000~5000 yuan/time;
(2) Application for bail pending trial: 3,000 ~ 20,000 yuan/piece;
(3) Agency complaints and accusations: 10000 yuan ~50000 yuan/piece.
2. Review and prosecution stage:
Charge per piece 10000-50000 yuan.
3. Trial stage:
(1) as the defendant's defender: 10000 yuan ~ 100000 yuan/piece;
(two) as a private prosecutor, the victim's litigation agent: 8,000 yuan to 80,000 yuan/piece;
4. Acting as an agent in criminal cases.
Charge per piece 10000~50000 yuan;
5. When handling major and difficult criminal cases, a law firm can negotiate fees with clients on the basis of not less than the standard in this article.
(five) as a perennial legal adviser.
1. If the annual fixed fee method is adopted, the annual fee can be determined according to the estimated working hours of lawyers, the annual turnover of consultants, the legal risks of consultants, the cost of law firms, the legal service level of lawyers and other factors, which can be charged with reference to the following standards:
(1) Served as perennial legal adviser for government agencies and institutions, with RMB 300,000-200,000 yuan/year;
(2) As a perennial legal consultant for large enterprises, 6.5438+10,000 yuan-800,000 yuan/year;
(3) As a perennial legal adviser for medium-sized enterprises, 600,000-500,000 yuan/year;
(4) Served as perennial legal adviser for small (micro) enterprises, with the annual income of 20,000-65,438+10,000 yuan.
2. If the annual hourly fee is adopted, the hourly fee standard is 500 yuan-3,000 yuan/hour, and the hourly rate of perennial legal advisers in foreign-related fields, securities, intellectual property rights, tax law and other special fields can be increased by no more than 2 times on the basis of the above standards.
3. Legal advisory units involved in litigation and arbitration cases need to sign an agency contract separately, and the agency fee is charged at a discount of 30% according to the above standard.
Article 4 The fees of law firms outside the three urban areas may be reduced as appropriate on the basis of this standard, but not less than 30% of the above standard.
Article 5 Law firms that have obtained the titles of civilized law firms and excellent law firms above the municipal level may charge fees as appropriate on the basis of these guiding standards.
Article 6 The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees, translation fees, travel expenses for handling cases in different places, cross-border communication fees, expert argumentation fees and other fees paid by law firms on behalf of clients are not lawyers' service fees, and shall be paid separately by the clients.
Article 7 Supplementary Provisions
1. Law firms should post these guidelines in a prominent position and consciously accept the supervision and inspection by the competent authorities and society.
2 against unfair competition in the industry, disputes arising from unfair competition between law firms shall be handled by the Municipal Lawyers Association.
3. The law firm shall clearly stipulate the service content, service object, charging items, charging methods, charging standards, charging amount, payment and settlement methods, dispute settlement methods and other related matters in the agency contract of both parties.
4. When the law firm collects the lawyer's service fee, it shall issue an equal, legal and effective invoice to the client.
5. The Council of the Municipal Lawyers Association shall be responsible for the interpretation of these guiding standards.
6 the guiding standards shall be implemented after discussion and adoption by the Council of the Municipal Lawyers Association.