Notice of the measures for the implementation of service fee management
Yue Jia [2006] No.298
City, county (District) Price Bureau and Judicial Bureau:
According to the Notice of the National Development and Reform Commission and the Ministry of Justice on Printing and Distributing the Measures for the Administration of Lawyers' Service Fees (NDRC price [2006]6 1 1No.) and the Notice of the former State Planning Commission and other six ministries on Printing and Distributing the Measures for the Administration of Intermediary Service Fees (total price [1999] 2250
Guangdong Provincial Bureau of Commodity Price Guangdong Provincial Department of Justice
December 25th, two _ _ six years
Lawyer service of Guangdong Provincial Price Bureau and Justice Department
Measures for the implementation of charge management
Article 1 In order to standardize the charging behavior of lawyers' services, safeguard the rights and interests of clients and law firms, and promote the healthy development of lawyers' services in our province, according to the Price Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC), the Notice of the National Development and Reform Commission and the Ministry of Justice on Printing and Distributing the Measures for the Administration of Lawyers' Services (NDRC Price [2006] 61No.) and the original
Article 2 These Measures shall apply to the charging behavior of law firms registered in the Guangdong Provincial Department of Justice to provide legal services to clients in accordance with the Lawyers Law of People's Republic of China (PRC).
Article 3 Lawyers' service fees shall follow the principles of openness and fairness, voluntary compensation, honesty and credit, and fair competition. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The lawyer's service fee refers to the service remuneration charged by a law firm to clients when handling legal affairs.
Lawyers' service charges belong to intermediary service charges, which are classified and managed by government-guided prices and market-regulated prices. The benchmark price and floating range of lawyer service charges with government-guided prices in our province are jointly formulated by the Provincial Price Bureau and the Justice Department (see annex). A law firm shall, within the prescribed benchmark price and floating range, negotiate with the client to determine the specific charging standard.
Article 5 The fees charged by law firms for providing the following legal services according to law shall be subject to government-guided prices:
(1) Acting as an agent in 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 fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients. The Provincial Lawyers Association may formulate pricing guidelines for law firms and clients, and report them to the Provincial Price Bureau and the Justice Department for the record.
The following main factors shall be taken into account in the negotiation of lawyer service charges between law firms and clients:
Working hours spent;
(two) the difficulty of legal affairs;
(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;
(four) the client's affordability and local social and economic development;
(5) Risks and responsibilities that lawyers may bear;
(6) The social reputation and working level of lawyers;
(seven) other expenses necessary for handling the case.
Article 7 The fees for lawyers' services may vary according to the service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
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 8 Hourly charging refers to the pricing method in which a law firm charges a lawyer's service fee from the client according to the effective working hours of providing legal services, within the prescribed standard range and according to the determined hourly charging standard.
_ If the fee is charged by the hour, the law firm must issue a work list to the client after closing the case.
The calculation rules for hourly charges shall be formulated separately by the Provincial Lawyers Association and implemented after being approved by the Provincial Price Bureau and the Justice Department. Article 9 Piece-by-piece charging refers to the pricing method of charging lawyers' service fees according to the specified amount or the specified scope, range and limit, taking each entrusted legal affairs as the basic unit.
Article 10 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after being informed of the government-guided price, it may charge for risk agency, 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) requesting payment of labor remuneration.
Article 11 Risk agency fee means that when a law firm accepts an entrustment, it only charges the basic fee, and the rest of the service remuneration is agreed by the law firm and the client on the target and effect to be achieved by the entrustment, the time, proportion and conditions for paying the lawyer's service fee, etc. In line with the agreed conditions, pay the fees as agreed; If no agreement can be reached, no more fees will be paid.
To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear.
The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
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 the implementation of government-guided lawyer services, law firms can be based on the local economic development level, the difficulty of entrusted matters and the client's economic affordability, within the prescribed range of fees to determine the specific fees.
In economically underdeveloped areas, with the consent of local price departments and judicial administrative organs, the downward adjustment of government-guided prices for lawyer services can be expanded.
Article 14 The legal fees, arbitration fees, appraisal fees, notarization fees, case file retrieval fees, translation fees, travel expenses for handling cases in different places, cross-border communication fees, expert argumentation fees, etc. (hereinafter referred to as "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. However, unless otherwise agreed by both parties in the implementation of risk agency charges.
The handling fee can be paid directly by the client or by the law firm. If it is paid by a law firm, the law firm may collect the handling fee in advance.
If a law firm needs to collect travel expenses in advance for handling cases in different places, it shall provide the client with an estimate of the expenses, which shall be signed and confirmed 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.
Fifteenth lawyer service fees should be clearly marked, law firms should publish all lawyer service items and charging standards in a prominent position in the charging place, and consciously accept social supervision.
Article 16 Matters related to lawyer service fees charged by a law firm shall be specified in the entrustment contract or power of attorney of both parties, and the charging items, charging methods, charging standards, charging amount, payment methods, time limit, conditions and dispute settlement methods shall be clearly defined.
Article 17 Lawyers' service fees and handling fees shall be uniformly collected by law firms. An individual lawyer may not charge any fees to the client.
When collecting lawyer service fees, a law firm must use legal bills prescribed by the tax authorities. Prepaid handling fees must be confirmed in writing and used reasonably in strict accordance with the agreed purposes. After the entrusted matters are settled, a list of handling fees must be made, and legal bills stipulated by the tax authorities must be provided for settlement with the client. If the balance or bills cannot be provided, the fees charged shall be refunded accordingly.
Article 18 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, he shall refund and compensate the relevant expenses in accordance with the provisions of the Contract Law.
Article 19 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling 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.
A law firm may not attract clients and engage in unfair competition by reducing or exempting lawyer service fees for the purpose of crowding out other law firms.
Twentieth law firms set up branches in different places, should implement the provisions of the local branch fees.
Article 21 Where a law firm provides legal services in a different place, it may implement the charging standards for legal services stipulated by the location of the law firm or the location where the legal services are provided, but it must be specifically determined in the charging contract.
Twenty-second law firms must collect fees in strict accordance with the scope, methods and standards stipulated in these Measures.
Twenty-third price departments at all levels should strengthen supervision and inspection of the fees charged by law firms.
If a law firm or lawyer commits one of the following price violations, the competent price department of the government shall impose administrative penalties in accordance with the Price Law and the Provisions on Administrative Penalties for Price Violations:
(1) Failing to announce the management measures and charging standards for lawyer services in accordance with the provisions;
(two) the implementation of the government guidance price in advance or later;
(three) beyond the scope or range of government guidance fees;
(four) through the decomposition of fees, repeated fees, expand the scope of the way to raise fees in disguise;
(five) unfair competition at a cost significantly lower than the cost;
(6) Other price violations.
Twenty-fourth judicial administrative departments at all levels should strengthen the supervision and inspection of law firms and lawyers' legal service activities.
Law firms and lawyers who commit one of the following illegal acts shall be given administrative punishment by the judicial administrative department in accordance with the Lawyers Law and the Measures for Punishment of Illegal Acts of Lawyers and Law Firms:
(a) in violation of the provisions of the law firm to accept the entrustment, signed a written entrustment contract or fee contract;
(two) in violation of the law firm's unified collection of lawyer service fees, fees paid on behalf of clients and travel expenses for handling cases in different places;
(3) Failing to provide the client with the travel expenses budget for handling cases in different places in advance, issuing legal bills for charging lawyers' services, and submitting valid vouchers for paying fees on behalf of the client and traveling expenses for handling cases in different places;
(four) in violation of the provisions of the law firm's unified custody and use of special bills, financial bills and business files for lawyer services;
(five) other acts that violate the practice discipline and professional ethics of lawyers.
Twenty-fifth 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 through letters, telephone calls and visits.
Article 26 A law firm shall settle disputes arising from lawyers' service fees through consultation with clients. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department and the competent price department where the law firm is located for mediation, or apply for arbitration or bring a lawsuit to the people's court.
Article 27 Measures for mediation of disputes over lawyers' service charges shall be formulated separately.
Twenty-eighth approach by the Provincial Price Bureau in conjunction with the Provincial Department of justice is responsible for the interpretation of.
Article 29 These Measures shall come into force as of June 65438+ 10/0, 2007, and the Notice of the Provincial Price Bureau and the Provincial Department of Justice on Printing and Distributing the Implementation Measures for the Management of Lawyers' Service Fees in Guangdong Province (Guangdong Price [2005]157) shall be abolished at the same time.