Lawyer fees

Attorney fees management approach
The first acts to regulate the attorney fees , safeguard the legitimate rights and interests of clients and lawyers , attorneys and promote the healthy development of the service industry , according to the "Price Law" and "Lawyers Law" and other relevant laws and regulations, the development of this approach.

The second law firm in accordance with the "PRC Lawyers Law" established and admitted to practice lawyers to provide legal services to clients of fees applicable to this approach.
Article lawyer charges follow an open and fair , voluntary compensation and good faith.
Law firm should benefit the public , strengthen internal management , reduce service costs , providing clients with quality legal services convenient .
Article attorney fees implementation of government guidance and market adjusted .
Article by law firm provides legal services in the following implementation of government guidance :
(A) Acting civil cases ;
(B) The agency administrative proceedings ;
(C) the agent state compensation cases ;
(F) as suspects in criminal cases to provide legal advice and complaints and accusations, for bail, as a defendant or the private prosecutor , the victim's legal representative ;
(E) Acting complaints of all types of litigation .
Law Firm provide other legal services practice charges regulated by the market .
Article VI of government guidance and the floating range of benchmark price by the provinces , autonomous regions and municipalities pricing department in conjunction with the department of judicial administration .
Article VII Government to formulate attorney fees , should listen to the views of a wide range of social , hearing can be implemented if necessary.
Article VIII attorney fees the government should give full consideration to the development of local economic development, social ability to withstand long-term development and law firms , legal services compensation charges in accordance with the average social cost , plus a reasonable profit and statutory tax OK.
Article IX attorney fees regulated by the market , and negotiated by the law firm and the client .
Law Firm attorney fees in consultation with the client should consider the following key factors:
(A) time -consuming job ;
(B) the degree of difficulty of Legal Affairs ;
(C) the capacity of the client ;
(D) a lawyer may assume risk and responsibility ;
Social prestige and job levels, etc. ( five ) lawyers.
Article X of attorney fees according to different services, take the piece charges, according to the proportion of the target amount of fees and time charges and other means.
Piecework fees are not generally applicable to legal matters involving property relations ;
According to the proportion of the target amount of fees applicable to legal matters involving property relations ;
Time charge applicable to all legal matters.
Article XI when handling civil cases involving property relations , the principal was told the government guidance is still required to implement risk agents , law firms can implement contingency fee , except in the following circumstances :
(A) marriage , inheritance cases ;
(B) The request for Social Security benefits or minimum subsistence allowances ;
(C) a request for payment of alimony , child support , alimony , pensions, benefits, workers' compensation ;
(D) payment of remuneration and other requests .
Prohibit criminal proceedings , administrative proceedings , state compensation cases and class action cases Article XII implement contingency fee .
Article XIII implement contingency fee law firm shall sign a contingency fee contract with the client , agreed that both sides should bear the risk of liability , charging method , charging the amount or proportion .
Implement contingency fee , maximum fee shall not exceed 30% of the amount of the contract fee of the target amount .
Article XIV should strictly enforce the law firm pricing department in conjunction with the judicial administrative department of the attorney fees management practices and fees.
Article XV shall be publicized attorney law firm management practices and service charges fees and other information, accept social supervision.
Article XVI entrusted law firm , attorney fees shall sign a contract with the client or the charges set forth in the terms of the agency contract.
Terms of the contract fee or charge shall include : fees, fees, charging method , the amount of fees , payment and settlement, dispute resolution and other content.
Article XVII law firm after signing the contract with the client , may not unilaterally change the amount of fees or raise fees . Do need to change, the law firm must first obtain the written consent of the client.
Article XVIII service fee charged by attorney law firm to the client , shall be issued to the principal legal bills .
Article XIX law firm litigation costs in the course of providing legal services on behalf of the client to pay arbitration fees, appraisal fees , notary fees and Chadang fees, attorney fees are not separately paid by the client .
Diershitiao law firm handling different travel needs Receipts shall provide cost estimates to the client , by consensus , by both parties sign it. Do need to change the cost estimates , the law firm must prior written consent of the client .
Article 21, 18 and 19 of the settlement related costs , the law firm shall provide a list of costs and handling different travel and valid certificate from the principal paid on its behalf . Can not provide a valid certificate part , the client can not pay .
Article 22 attorney fees , costs and handling different travel on behalf of the principal paid by the law firm unified collection . A lawyer shall not charge any fees to the client without permission .
In addition to the three charges listed in the preceding paragraph , law firms and contractors, lawyers may not charge other fees to the client in any name .
Article 23 of the law firm assigned contractor shall accept legal aid cases . Apply for legal aid cases not charge any fees to legal aid recipient .
For the economy is indeed difficult , but do not meet the legal aid citizens , law firms may reduce or waive the attorney fees appropriate.
Article 24 remote branches established law firm shall perform branch location of Fees .
Article 25 of the law firm to provide legal services in different places , you can perform location or law firm providing legal services location Fees , specific measures by the law firm and client consultation.
Article 26 The competent pricing departments at all levels should strengthen supervision and inspection fees for solicitors firm .
LLP , counsel to one of the following price violations by government price departments in accordance with the "Price Law" and the "price of illegal administrative penalties " impose administrative penalties :
(A) is not required publicity attorney fees and fees for management practices ;
(B) advance or postpone the implementation of government guidance ;
(C) government guidance beyond the scope or magnitude of charges ;
(D) take decomposition fees, recurring charges , and other ways to expand the scope to raise fees in disguise standards ;
(F) was significantly lower than the cost of the fee to be unfair competition ;
(V) other price violations.

Article 27 The judicial administrative departments at all levels should strengthen the law firm , legal services lawyers supervision and inspection activities .
Law firms, lawyers have one of the following offenses , by the judicial administrative department in accordance with the Solicitors' Law "and " Lawyers and Law Firms penalties for violations , " the implementation of administrative penalties:
( A ) in violation of the law firm commissioned uniform , sign a written contract or commission fee specified in the contract ;
( B ) violation of law firm lawyers unified service charges , on behalf of the client to pay the costs of travel and remote handling requirements ;
( C ) does not provide the principal advances from handling different travel estimates , attorney fees without issuing legal bills , do not submit and pay fees to the client , a valid certificate of handling different travel ;
( Iv ) breach of the law firm for safekeeping , using special instruments legal services , financial instruments, business records provisions ;
( E ) other acts in violation of lawyers practicing discipline and professional ethics.
Article 28 of citizens , legal persons and other organizations believe the presence of a lawyer or law firm price behavior , by mail, telephone , visitors , etc., to the pricing department , judicial and administrative departments or Bar Association report complaints.
Article 29 The local people's government price departments , judicial and administrative departments beyond the pricing authority , without the development, adjustment of legal services fees , the higher the price the same level government department or to make corrections ; circumstances are serious, the relevant departments of the persons responsible for imposing penalties .
Article 30 attorney fees dispute , the law firm should be resolved through consultation with the client . Negotiation fails, you can draw firm location bar association , judicial and administrative departments and the pricing department mediation process can also apply for arbitration or bring a lawsuit to the people's court .
Article 31 Dispute Mediation attorney fees shall be formulated .
Article 32 provinces, autonomous regions and municipalities pricing department in conjunction with the judicial and administrative departments , formulate specific measures for implementation management attorney fees pursuant to this approach , the National Development and Reform Commission and the Justice Department filing.
Article 33 The State Development and Reform Commission and the Ministry of Justice is responsible for interpretation .
Article 34 of the Measures since December 1, 2006 . " State Planning Commission , Ministry of Justice on the issuance of" attorney fees Interim Measures "notice" ( taking into account the price [1997] No. 286 ) and "National Planning Commission , the Ministry of Justice attorney fees on temporary interim standard developed by the country 's notice" ( valuation fee [2000] 392 ) is abolished .

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