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Guangxi lawyer's fee standard
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Lawyer's fee refers to the service fee charged by a lawyer to a legal client. According to the type and region of the case, the charging standard adopts the methods of piece-by-piece charging, proportional charging according to the amount of the subject matter and time charging. Guangxi Zhuang Autonomous Region Price Bureau Document Guangxi Zhuang Autonomous Region Judicial Department Guijiafei [20 13] No.41Notice of the Judicial Department of Guangxi Zhuang Autonomous Region Price Bureau on Printing and Distributing the Implementation Measures for the Management of Lawyers' Service Fees: After fully listening to opinions from all sides, we jointly issued a document on 201kloc-0/,here. Autonomous Region Price Bureau Autonomous Region Justice Department 20 13 Implementation Measures for the Management of Lawyer Service Charges in Guangxi Zhuang Autonomous Region Article 1 In order to standardize the lawyer service charges in our region, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry, according to the People's Republic of China (PRC) Price Law, the People's Republic of China (PRC) Lawyer Law, and the Measures for the Administration of Lawyer Service Charges of the National Development and Reform Commission and the Ministry of Justice, etc. Article 2 These Measures shall apply to the charging behavior of law firms registered and established within the administrative area of our district (including branches registered and established by law firms outside the province within the administrative area of our district) to provide legal services for clients. Where a law firm provides legal services in a different place, these Measures may be implemented or the charging provisions of the place where the legal services are provided shall be determined through consultation between the law firm and the client. Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith. Law firms should facilitate the people, strengthen internal management, reduce the cost of legal services, and provide convenient and high-quality legal services for clients. Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market. Article 5 A law firm shall provide the following legal services according to law, with government-guided prices: (1) Acting as an agent in civil litigation cases (including criminal incidental civil litigation cases); (2) Acting as an agent in administrative litigation cases; (3) Acting as an agent for state compensation cases; (four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim; (5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. Article 6 The charging standards for lawyer services subject to government-guided prices shall be formulated by the price bureau of the autonomous region jointly with the judicial department of the autonomous region. A law firm shall, within the prescribed scope of fees, negotiate with the clients to determine the specific fees. Article 7 The specific charging methods and charging standards for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients. Law firms should consider the following main factors when negotiating the fees for lawyer services with clients: (1) working hours spent; (two) the difficulty of legal affairs and the number of lawyers needed; (3) the local social and economic development and the client's affordability; (four) the risks and responsibilities that law firms and lawyers may bear; (five) the social reputation and working level of law firms and lawyers. Article 8 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the amount of the bid, and hourly fees. The specific charging method shall be determined by the law firm and the client through consultation. Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs. Article 9 Time-based fees shall be determined according to the working hours of lawyers in handling legal affairs. If more than one lawyer is needed to handle legal affairs, it can be determined according to the actual working hours of lawyers. Billing working time is the actual working time (in hours) for lawyers to handle legal affairs, including the time for lawyers to know the case from clients, investigate and collect evidence, consult files, draft litigation documents and legal documents, meet with persons with restricted personal freedom, appear in court, participate in mediation and handle other related legal affairs. The charging time for lawyers to appear in court is calculated at twice the actual time of appearing in court; The travel time for lawyers to handle legal affairs (including the travel time and necessary stay time for going to different places to read papers, investigate, meet defendants, appear in court, etc.) and the time for copying files are calculated as half of the actual time. If the fee is charged by time, the law firm shall issue a work list to the client. Customers can also negotiate with the law firm to make a one-time payment for working hours. The standard of individual hourly fees for lawyers is determined by the law firm according to the lawyer's years of practice, service ability, social reputation and other factors, and published in the law firm. Article 10 Risk agency refers to the act that a law firm, when accepting business, stipulates in the contract that the lawyer's service fee should be linked to the service result, and it may be difficult to collect the service fee in full, so as to appoint a lawyer to provide legal services in advance. To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, specifically stipulating the risk liability, charging method, charging standard or proportion, liability for breach of contract, etc. The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract. Article 11 When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, it may charge the risk agency fee, except for the following circumstances: (1) Marriage and inheritance cases; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; (4) Request for payment of labor remuneration, etc. Article 12 It is forbidden to implement risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. Thirteenth major, complex and difficult cases, the client is willing to negotiate fees after being informed of the fees, the law firm can negotiate fees. When negotiating fees, a law firm shall sign a special fee clause or agreement with the client, clearly inform the client of the fee standard, and confirm that the case is significant, complicated and difficult, and the specific fee amount shall be determined through consultation. Article 14 A law firm shall strictly implement the measures for the administration of lawyers' service charges and the charging standards formulated by the competent price department of the autonomous region jointly with the judicial administrative department of the autonomous region. Article 15 A law firm shall publicize the management measures and charging standards of lawyer services and other relevant policy bases in a prominent position in the business reception place or charging place, and consciously accept social supervision. Article 16 When accepting entrustment, a law firm shall introduce the charging method and charging calculation method to the client, and sign a charging contract for lawyer services with the client after both parties reach an agreement through consultation, or specify the charging terms in the entrustment contract. The charging contract or charging terms shall include: charging items, charging standards, disputed objects, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc. Article 17 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance. Article 18 The legal fees, arbitration fees, appraisal fees, notarization fees, file retrieval fees, data reproduction (printing) fees paid by a law firm on behalf of its clients in the process of providing legal services are not lawyers' service fees, and should be paid separately by the clients. Article 19 If a law firm needs to receive travel expenses in advance for handling cases, it can choose two settlement methods: one-time expenses or reimbursement of actual expenses through negotiation. If a law firm needs to collect travel expenses in advance for handling a case, it shall provide the client with an estimate of the expenses, which shall be signed by both parties after consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance. Article 20 When a law firm settles the fees related to Articles 18 and 19, it shall provide the client with a list of fees paid on its behalf, travel expenses for handling cases and valid vouchers. The customer may not pay the part that cannot provide valid vouchers. Unless both parties agree to a one-time settlement. Twenty-first lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases shall be uniformly collected by law firms. In addition, law firms and lawyers may not charge other fees to clients in any name. When a law firm collects lawyer service fees from its clients, it shall issue legal bills stipulated by the tax authorities to the clients. Article 22 Where a lawyer requests to terminate the entrustment relationship due to fault or without justifiable reasons, or the client requests to terminate the entrustment relationship due to fault or without justifiable reasons, the refund and compensation of relevant fees shall be handled in accordance with the charging terms stipulated in the lawyer service charging contract or the entrustment contract. If there is no agreement, it shall be handled in accordance with the principles of contract law. Twenty-third law firms shall not charge any fees to the recipients when they accept legal aid cases. For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee. Article 24 Disputes arising from lawyers' service fees shall be settled through consultation between the law firm and the clients. If negotiation fails, it may be submitted to the lawyers association, judicial administrative department and price department where the law firm is located for mediation, or it may apply for arbitration or bring a lawsuit to the people's court. Article 25 A law firm shall apply to the local competent price department at the same level for a service charge license, and accept the annual fee verification organized by the competent price department. Twenty-sixth price departments at all levels and the judicial administrative department shall strengthen the supervision and inspection of the fees and service activities of law firms. If the law firm is found to have price violations during the inspection, the competent price department shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations. In violation of the Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms, the judicial administrative department shall give administrative punishment according to law. Twenty-seventh citizens, legal persons and other organizations that law firms or lawyers have price violations can report and complain to the competent price department, the judicial administrative department or the lawyers association by telephone, visit or letter. Twenty-eighth approach by the autonomous region price bureau in conjunction with the judicial department of the autonomous region is responsible for the interpretation of. Article 29 These Measures shall come into force as of May, 2065438 1 day. Prior to the relevant provisions inconsistent with these measures, shall be abolished, these measures shall prevail. Charges for lawyer services in Guangxi Zhuang Autonomous Region. Charges are government-guided prices. Law firms provide the following legal services in accordance with the law and implement government-guided prices: (1) Acting as agents in civil litigation cases (including criminal incidental civil litigation cases); (2) Acting as an agent in administrative litigation cases; (3) Acting as an agent for state compensation cases; (four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim; (5) Acting as an agent for appeals in various litigation cases. Two, the law firm should negotiate with the client to determine the specific charges within the floating range stipulated by the government guidance price. Three. Scope of application of hourly fee (1): All lawyer services (2) Fee standard: The time for hourly fee of 200-2,000 yuan/hour shall be determined according to the corresponding provisions in Article 9 of the Measures for the Administration of Charges for Lawyer Services in Guangxi. Four. Scope of application of piecework wage (1): generally applicable to legal affairs that do not involve property relations. (2) charging standard: 1, criminal case: (1) investigation stage: 2000- 15000 yuan (2) review and prosecution stage: 2000- 15000 yuan (3) trial stage: cases tried by grass-roots courts. Cases tried by the intermediate court, 3000-35000 yuan/piece; Cases tried by the High Court, 8,000-50,000 yuan/piece; Cases heard by the Supreme Court, 30,000 yuan-150,000 yuan/piece. (4) Criminal private prosecution and acting as the victim's agent shall be implemented with reference to the above standards. (5) Fees for criminal incidental civil litigation cases shall be charged according to the above-mentioned charging standards, or they may be charged in proportion, which shall be determined by the client and the law firm through consultation. 2. Civil, administrative litigation and state compensation cases: no property involved: 1 000- 1 000 yuan/piece. V. Proportional charging (1) Scope of application: It is applicable to civil and administrative litigation and state compensation cases involving property relations. (II) Fees: The lawyer's service fee shall be charged by the law firm through consultation with the parties concerned at the following rates, which shall not exceed the prescribed fee ratio. If the proportion of fees charged by the disputed object is less than 654.38+10,000 yuan (including 654.38+10,000 yuan), the rate will be 5%. If each piece is less than 1000 yuan, it will be charged at 1000 yuan (including 500,000 yuan) at a rate of 4.5% 500- 1000 yuan. The rate is 3% 5 million yuan-10/00000 yuan (including100000 yuan), the rate is more than 2%100000 yuan, and the rate is 1%. Fees for handling criminal cases shall conform to the provisions of this standard on handling criminal cases. Seven, law firms handling legal aid cases shall not charge any fees to the recipients. Eight, for urban residents who do have financial difficulties, but do not meet the scope of legal aid, claim compensation for injuries (except accidental injuries) in the line of duty, claim compensation for maintenance, support and dependency, and cannot afford the lawyer's service fee due to special circumstances such as labor insurance, pension, relief funds and labor remuneration, the law firm shall reduce or waive the lawyer's service fee as appropriate; Non-urban residents can charge 40% according to the prescribed fees. Nine, is a national poverty-stricken counties, autonomous region-level poverty-stricken counties (including Fangcheng District) of the law firm, according to the provisions of the charge of 40%. Law firms practicing in other counties (excluding urban areas) may charge 30% according to regulations. Ten, major, difficult and complicated litigation cases by the law firm and the client through consultation, can also be determined by both parties through consultation. The identification standards and related measures for major, difficult and complicated cases shall be formulated separately by the lawyers association of the autonomous region and reported to the competent price department of the autonomous region and the judicial administrative department of the autonomous region for the record. XI。 The above charging standards are the charging standards for handling litigation cases at trial level. Civil and administrative cases are divided into first instance, second instance, execution and appeal retrial, while criminal cases are divided into investigation stage, examination and prosecution stage, trial stage, trial stage and appeal retrial. Twelve. This charging standard will take effect on May 1 day, 2065438. The above is the detailed content of Guangxi Lawyer's Charge Standard, and I hope it will help you.

Legal objectivity:

Article 10 of the Measures for the Administration of Lawyers' Service Fees