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Xi. Guiding Opinions on Lawyer's Service Charge
According to Shaanxi Province Lawyer Service Charge Standard (1), the charge for civil litigation cases that do not involve property relations is 500-5000 yuan/piece. (2) in civil litigation cases involving property relations, the amount of litigation subject matter is the highest charging standard, and the differential fixed rate progressive charging system is implemented:
1 1,000 yuan (inclusive), 1 1,000 yuan;
65438+500,000 yuan-500,000 yuan (including 500,000 yuan), 5%;
More than 500,000 yuan-6,543.8+0,000 yuan (including 6,543.8+0,000 yuan), 4%;
1 ten thousand yuan-5 million yuan (including 5 million yuan), 3%;
More than 5 million yuan-6.5438+million yuan (including 6.5438+million yuan), 2%;
100000 yuan-50 million yuan (including 50 million yuan),1%;
50 million yuan or more is 0.5%.
(3) If there is a counterclaim in a civil litigation case, the agency fee for the counterclaim case shall be reduced or exempted according to the counterclaim amount and the above standards. How to collect lawyer's fees in contract dispute cases?
For contract dispute cases, attorney fees are generally charged according to the contract amount. Lawyers will determine the specific proportion according to the difficulty and workload of the case, which can be determined through consultation with lawyers and law firms. Taking Xi 'an as an example, the Guiding Opinions on Lawyer's Service Fees in Xi 'an stipulates that civil litigation cases involving property relations can be charged in installments according to the amount of litigation subject matter: (1)/kloc-8%-10% for the part below RMB 0.00 million; Less than 5000 yuan, starting from 5000 yuan, but not more than 30000 yuan; (2) The charging ratio from 6,543,800 yuan to 500,000 yuan (including 500,000 yuan) is 7%-9%; (3) The rate of 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan) is 6%-8%; (4) 5%-7% of the fees from 6,543,800 yuan to 5 million yuan (including 5 million yuan); (5) The expense ratio from 5 million yuan to 6,543,800,000 yuan (including 6,543,800,000 yuan) is 4%-6%; (6) 3%-5% of the 6,543,800 yuan to 50 million yuan (including 50 million yuan); (7) The charge ratio from 50 million yuan to 65.438+0 billion yuan (including 65.438+0 billion yuan) is 2%-4%; (8) For the part above1100 million yuan, the charging ratio is 1%-2%. If there is a counterclaim in a civil litigation case, the agency fee for the counterclaim case shall be reduced by 30% according to the counterclaim amount and the above standards. The above-mentioned charging standards are the charging standards for the first-instance stage of litigation cases. If a case is independently represented in the second instance, retrial and execution, the charging standard at the first instance stage shall be implemented.
Remarks: Reply to "Guiding Opinions on Xi Lawyer's Service Charge"
To sum up, Xi 'an's guidance on lawyer's service charges is very detailed and is for reference only. It is suggested that the lawyer's fee be clearly stipulated. If there is a law to follow, you can consult local government policies, WeChat official account, and the mayor's hotline.
Legal basis: Article 25 of the Lawyers Law of People's Republic of China (PRC), when a lawyer undertakes business, the law firm shall uniformly accept the entrustment, sign a written entrustment contract with the client, uniformly collect fees according to the provisions of the state, and record them truthfully. Law firms and lawyers shall pay taxes according to law.
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