Jiangsu province lawyer fee standard
Notice of Jiangsu Provincial Price Bureau and Justice Department on Adjusting Lawyers' Service Fees
Promulgated on May 6, 2002
Implementation date: May 65438+June 2002
valid period
Municipal Price Bureaus and Judicial Bureaus, Changshu Municipal Price Bureau and Judicial Bureau:
In recent years, with the further deepening of reform and opening up, the legal service industry in our province has developed rapidly and the degree of marketization is getting higher and higher. In order to further promote the development of the lawyer service industry in our province, standardize the charging behavior of lawyer services and protect the legitimate rights and interests of lawyers and clients, according to the provisions of the State Planning Commission and the Ministry of Justice's Notice on Printing and Distributing the Interim Measures for the Administration of Lawyer Service Charges (No.286 for Valuation Fees [1997]) and Notice on the Interim Standards for Lawyer Service Charges (No.392 for JJ [2000]),
First, lawyers' service charges belong to operating service charges and are subject to government-guided price management. There are two specific pricing methods: piecework charging and negotiation charging.
1, piece rate. Piece-rate fees are charged for litigation, arbitration agency, case execution and other legal services. See the annex for specific charging standards.
2. Consultation fee. Acting as an agent for complaints, applying for bail pending trial, acting as a legal adviser, handling witnesses, acting as an agent for books, reviewing various legal documents, answering relevant legal advice, and providing non-litigation legal services. , charged by the law firm in consultation with the client. The negotiation charging rules shall be formulated by the Provincial Lawyers Association and implemented after being submitted to the provincial price department and the judicial administrative department for the record.
Two, the law firms and lawyers should strictly follow the "State Planning Commission, the Ministry of Justice on printing and distributing the" Interim Measures for the administration of lawyers' service fees "notice" (total price [1997] No.286) provisions of the service content, charging methods and code of conduct.
Three, the lawyer service charges to implement the publicity system. All law firms must set charging standards in a prominent position in their business premises. The measures for the management of fees are published on the wall and subject to social supervision.
Four, the law firm must go to the local price department for the "license fee" before charging, the implementation of bright card fees, the use of tax bills.
Five, the law firm to the client to charge lawyer service fees, should be strictly in accordance with the standards stipulated in this notice, shall not exceed the standard or self-reliance projects arbitrary charges, offenders by the price inspection department in accordance with the relevant provisions of the "People's Republic of China (PRC) * * * and price law".
Six, this notice since June 2002 1 1. The Notice of Jiangsu Provincial Price Bureau and Jiangsu Provincial Department of Justice on Temporary Adjustment of Service Charges (Su Jiafei [1998] No.251) ceased to be implemented.
Attachment 1: Piece-by-piece Charge for Lawyer Services in Jiangsu Province
Annex II: Adjudication Rules for Simple, Major, Difficult and Complicated Cases
Jiangsu Provincial Department of Justice
May 2002 16
Annex I:
Jiangsu province lawyer service piece-rate charging standard
First, it does not involve property relations.
1, the basic standard in general.
Charge standard (yuan/piece)
situation
piece
kind
no
Ning, Su, Chang
Town, Yang, Tong and Tai
Xu, Huai, Yan, Lian and Su
civil case
1500
1200
1000
Administrative cases
2000
1500
1000
criminal case
3000
two thousand and five hundred
2000
Arbitration case
1500
1200
1000
2. For simple litigation cases, the specific charging standard can be determined within 50% of the basic standard of the above general cases; Handling major litigation and arbitration cases can be determined within 3 times of the basic standard; Difficult and complicated cases can be determined within 5 times of the basic standard; Foreign-related factors (the subject matter of the dispute or the place where the contract is signed or performed is abroad, and foreign laws shall be applied to solve it) can be determined within 5 times of the basic standard; The above factors can be combined, but the actual standard shall not exceed 10 times of the basic standard. See Annex II for the adjudication rules of simple, major, difficult and complicated cases.
3. The "well-known" lawyers assessed by the judicial administrative organs at or above the provincial level or the lawyers' association can determine the specific charging standards within the range of 10 times of the above basic standards when handling various cases that do not involve property relations.
Second, it involves property relations.
In handling civil cases, administrative cases, enforcement and arbitration cases involving property rights relations, in addition to determining the charging standards that do not involve property rights relations, additional fees shall be charged according to the following (progressive) standards:
Expense rate
debate
Property subject matter
Ning, Su, Chang
Town, Yang, Tong and Tai
Xu, Huai, Yan, Lian and Su
Less than 65,438+0,000 yuan (inclusive)
exempt
exempt
exempt
1 ten thousand yuan-1 ten thousand yuan (inclusive)
4%
3.5%
3%
65438+ 10,000 yuan-500,000 yuan (inclusive)
3%
2.5%
2%
500,000 yuan-6,543.8+0,000 yuan (inclusive)
2.5%
2%
1.5%
1100,000 yuan-5,000,000 yuan (inclusive)
2%
1.5%
1%
5 million yuan-6.5438+million yuan (inclusive)
1.5%
1%
0.5%
10 million yuan or more
0.7%
0.5%
0.25%
1. After consultation between the law firm and the client, if the above-mentioned cases involving property relations are subject to risk agency, the fees may be charged by both parties through consultation.
2. If there is a counterclaim in the litigation case, the amount of the counterclaim shall be charged by half separately.
Three. Other relevant charging regulations
1. If a person acts as a private prosecutor in a criminal case or an agent for a victim in a public prosecution case, the charging standard for civil cases shall apply.
2. For litigation cases after the first instance and the second instance, the actual charges of the first instance will be halved; If the complaint has been followed up by the agent of the first instance or the second instance, it will be charged at half of the actual charging standard of the first instance; He represented arbitration, and the fees for the first and second stages of litigation were halved according to the arbitration stage.
Annex II:
Adjudication rules for simple, major, difficult and complicated cases
In order to correctly identify simple, major, difficult and complicated cases in lawyers' business charges and formulate specific charging standards, these rules are formulated in accordance with the relevant laws of the state and the spirit of judicial interpretation.
I. Simple cases
(1) The following cases tried by the people's court through summary procedure are simple criminal cases:
1. Cases handled only after being informed, except those that seriously endanger social order and national interests;
(1) cases of insult and slander;
(2) Cases of violent interference with freedom of marriage;
(3) cases of abuse;
2. The people's procuratorate did not file a public prosecution, and the victim has evidence to prove that it is a criminal case;
(1) Cases of intentional injury;
(2) Cases of illegal invasion of houses;
(three) cases of infringement of freedom of communication;
(4) Bigamy cases;
(5) unsolved criminal cases.
3, according to the law may be sentenced to fixed-term imprisonment of not more than three years, probation, criminal detention, public surveillance, a single fine of public prosecution cases.
A case of several crimes and the same crime is not a simple criminal case.
(2) Other simple cases
Civil and economic disputes are simple cases in which the basic people's courts apply summary procedures and are tried by judges alone.
Second, major cases
(1) The following cases are major criminal cases:
1, organizing, leading and participating in crimes of underworld nature, with clear facts and conclusive evidence;
2. Leading cadres at or above the county level who organize, lead and participate in terrorist activities, smuggling crimes, drug crimes, crimes endangering national security, and corruption and bribery crimes have clear facts and conclusive evidence;
3. Defend the principal and principal of the criminal group with clear facts and conclusive evidence;
4, by the intermediate people's court for the first instance judgment cases;
5, the national special rectification of criminal cases;
6. Criminal cases that have significant social impact in the local area and involve a wide range or cross-regions;
7, other major cases confirmed by the provincial or provincial city lawyers association.
(2) The following civil, administrative, economic and arbitration cases are major cases:
1, a case with certain social impact in the local area, cross-regional disputes, clear facts and conclusive evidence;
2. Class actions, cases with clear facts and sufficient evidence;
Major cases confirmed by provincial or municipal lawyers associations.
Three. Difficult and complicated cases
(1) The following criminal cases are difficult and complicated:
1. The crime of disrupting the management order of companies and enterprises, the crime of disrupting the financial management order and the crime of financial fraud as stipulated in the specific provisions of the Criminal Law;
2. Major cases with unclear facts and insufficient evidence;
3 cases in which the defendant is accused of committing more than two crimes;
4, the defendant is more than 5 people with the same crime;
5. Cases that need to be changed by the procuratorate after examination;
6. Difficult and complicated cases confirmed by provincial and municipal lawyers associations.
(2) The following civil, economic, administrative and arbitration cases are difficult and complicated:
1, a complex case involving more than two legal relationships, which is controversial;
2. The main facts are unclear and the evidence is insufficient, and it takes more than 5 working days (excluding 5 working days);
3. Major cases with unclear facts and insufficient evidence;
4, need more than 3 * * * lawyers to cooperate with the case;
5, involving specialized professional knowledge, need to hire non-legal professionals as consultants to handle the case;
6. New types of cases;
7. Intellectual property disputes, unfair competition disputes, goodwill disputes and reputation disputes that directly reflect economic value but have no litigation object;
8. Difficult and complicated cases confirmed by provincial and municipal lawyers associations.
Four, as a general case, if it is found that the case is simple, significant or complex, it should be timely negotiated with the client to sign a charging agreement or terminate the entrustment contract. If negotiation fails, it shall be submitted to the local provincial lawyers association or the provincial lawyers association for mediation.
If it is difficult to confirm the provincial lawyers association, it shall be confirmed to the provincial price department and the judicial administrative department.
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