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Changchun City Lawyer Fee Charging Standards
1. What are the charging standards for lawyers entrusted in Changchun? The standard for charging lawyer fees. Lawyer service fees are subject to market-regulated prices. The law firm shall refer to these standards and voluntarily negotiate with the client to determine the specific amount and method of charging. However, if the National Development and Reform Commission and relevant government departments stipulate that government-guided prices should be implemented for lawyer service fees, such regulations shall prevail. (1) The following charging standards for lawyer services subject to government-guided prices shall be formulated by the provincial pricing department in conjunction with the provincial judicial administration department. (1) Act as a defender for suspects and defendants in criminal cases, as well as an agent for private prosecutors and victims in criminal cases; (2) Act as a citizen's request for the payment of alimony, support, support, and the payment of pensions and relief funds, Act as an agent in civil litigation and administrative litigation requesting social insurance benefits or minimum living security benefits; (3) Act as an agent in cases where citizens request payment of labor remuneration, work-related injury compensation, and state compensation, and act as an agent in cases involving safety accidents, environmental pollution, land acquisition and demolition Agent for group litigation cases involving compensation (compensation) and other public interests. (2) For legal services that implement industry guide prices, law firms charge legal service fees based on the following standards: Acting for civil litigation and arbitration cases 1. For cases that do not involve property relations, the base fee standard is 5,000 yuan to 20,000 yuan per case, with the upper limit The maximum cannot exceed 100%. 2. If property relations are involved, fees will be charged in proportion to the subject matter of litigation and arbitration (dispute): (1) For the portion below 100,000 yuan (including 100,000 yuan), the fee ratio is 8%-10%, and the fee amount is less than 5,000 yuan. Each piece is charged at 5,000 yuan; (2) 7%-9% for the part from 100,000 yuan to 500,000 yuan (including 500,000 yuan); (3) the part from 500,000 yuan to 1 million yuan (including 1 million yuan) 6%-8%; (4) The portion from 1 million yuan to 5 million yuan (including 5 million yuan) is 5%-7%; (5) The portion from 5 million yuan to 10 million yuan (including 10 million yuan) is 4 %-6%; (6) The portion from 10 million yuan to 20 million yuan (including 20 million yuan) is 3%-5%; (7) The portion from 20 million yuan to 50 million yuan (including 50 million yuan) is 2%- 4%; (8) 1%-3% for the amount above RMB 50 million. The above charging standards are the charging standards for the first-instance stage of civil litigation and arbitration cases. Individual representation in second-instance and retrial litigation cases, or arbitration cases, or cases in which arbitration awards are not enforced or annulled shall be subject to the above-mentioned fee standards for the first-instance stage. If the same law firm represents the same case again at different stages of trial, a discount of no more than 50% can be given. If the client represents the main lawsuit and simultaneously represents the counterclaim and counterclaim, the counterclaim and counterclaim will be calculated cumulatively based on the subject amount. The charging standards for agency administrative litigation cases shall be based on the charging standards for agency civil litigation cases. The charging standards for representing various types of litigation and appeal cases. The charging standards for representing criminal and incidental civil litigation and various types of litigation cases. The civil part shall be based on the charging standards for representing civil litigation cases. Enforcement cases as an agent. Cases that are handled individually will be charged according to the fee standard for first-instance civil litigation cases. For cases that have been handled as first-instance or second-instance cases, attorney fees can be appropriately reduced within the range of 50%. Legal consultation 1. 100-500 yuan per hour, less than one hour will be calculated as one hour; 2. Writing legal affairs documents, each fee is 500-1,000 yuan. Non-litigation business charges Non-litigation business charges can be charged in three ways: piece-rate, time-based and subject-amount ratio: the hourly charge standard is 1,000 yuan-3,000 yuan/hour, and complex legal service projects can be charged within 2 times of the aforementioned standards. Charges: The charging standards are based on the amount of subject matter involved and refer to the charging standards for civil litigation cases. For the following non-litigation business, please refer to the following standard charges: 1. For the formal issuance of credit investigation, credit opinion, consultation proposal, and lawyer's witness certificate, the basic fee for each case shall not be less than 5,000 yuan. If a legal proposal or lawyer's opinion is formally issued, the fees will be negotiated by both parties based on the workload and other specific circumstances. If it is necessary to issue a legal proposal or lawyer's opinion based on preliminary due diligence, the minimum fee per piece shall be no less than 30,000 yuan. 2. For reviewing, drafting, and modifying contracts and articles of association, the basic fee for each item shall be no less than 2,000 yuan. If you participate in project negotiations, both parties will negotiate fees based on workload and other specific circumstances.
If you draft or amend complex contracts or articles of association or participate in complex negotiations, or if the subject matter of the contract involved is more than 50 million yuan, the fee for each case shall not be less than 30,000 yuan. 3. Investment and financing, restructuring and listing, mergers and reorganizations, liquidation and cancellation, major project construction, foreign-related business, etc. require relatively comprehensive due diligence, designing transaction structures, participating in project negotiations, drafting major transaction documents, or issuing legal opinions and other non-litigation laws Service items are charged in proportion according to the amount involved: (1) The fee for the portion below 1 million yuan (including 1 million yuan) is not less than 50,000 yuan; (2) The portion from 1 million yuan to 5 million yuan (including 5 million yuan) (3) The portion from RMB 5 million to RMB 10 million (including RMB 10 million) is 3%; (4) The portion from RMB 10 million to RMB 50 million (including RMB 50 million) is 2%; (5 ) 50 million to 100 million yuan (including 100 million yuan) and the part above 100 million yuan, special legal services for real estate projects - attorney fees are charged based on the total investment of the project. 5. Serving as a perennial legal advisor. Serving as a perennial legal advisor can be charged on a fixed and hourly basis or on a combination of fixed and hourly basis. If the annual fixed fee method is adopted, the annual fee can be determined based on factors such as the expected working hours of the lawyer, the consulting unit's turnover in the previous year, the legal risk level of the consulting unit, the cost of the law firm, the lawyer's legal service level, etc., and shall be charged according to the following standards: ( 1) Serving as a perennial legal advisor to government agencies and institutions, the salary is RMB 50,000-200,000 per year, with a reasonable increase; (2) Serving as a perennial legal advisor to a large enterprise, the salary is RMB 120,000-800,000 per year, with a reasonable increase; ( 3) Served as a perennial legal counsel for medium-sized enterprises, RMB 60,000-600,000 per year, subject to reasonable increases; (4) Served as perennial legal counsel for small (micro) enterprises, RMB 50,000-200,000 per year, subject to reasonable increases . The annual hourly charging method is adopted. The standard for hourly charging is 500 yuan to 3,000 yuan/hour. The hourly rate for permanent legal consultants in specialized fields such as foreign-related, securities, intellectual property, tax law, etc. can be increased by no more than 2 times based on the aforementioned standards. TOLL. For service items under the industry guide price list, risk agency fees can be implemented on the basis of consensus reached by both parties. (4) For major, difficult, complex, and time-consuming cases, the fee can be increased through negotiation with the parties concerned, and the negotiation should generally be conducted within 5 times of the fee standard.
2. How to resolve fee disputes with lawyers 1. If there is a dispute over lawyer service fees, the law firm shall negotiate with the client to resolve the dispute. 2. If negotiation fails, the matter can be submitted to the bar association, judicial administration department and pricing department where the law firm is located for mediation. 3. Apply for arbitration or file a lawsuit with the People's Court.
3. Should you hire a lawyer to litigate? What are the benefits of hiring a lawyer? 1. If the case is simple and the evidence is sufficient, and you have certain language skills and can search for and understand laws and regulations, then You don't need to hire a lawyer. For example, in private loan disputes, there are IOUs and bank statements, and both parties have no dispute over the facts of the loan, and the plaintiff has certain language skills and is confident that he can appear in court. In this case, you can appear in court without a lawyer. But it should be noted that when ordinary people handle such cases, it is best to consult a lawyer first, entrust the lawyer to draft a standard complaint and evidence catalog to finalize the litigation ideas, and then prosecute according to the lawyer's litigation ideas. As long as the lawyer is reliable and responds to the lawsuit according to the lawyer's litigation ideas, there is basically no big problem. 2. But if you and the other party disagree on the facts of the case, the evidence is confusing, or the legal issues are difficult, or the outcome of the case has a particularly large impact on you, it is still necessary to ask a lawyer to participate in the entire process. Lawyers can generally do two things for you in civil disputes: (1) Run errands and handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with the clerk and the handling judge, mediating, appearing in court, etc. (2) Help you answer questions, reduce the risk of losing the lawsuit, and increase the probability of winning the lawsuit. For example, you can ask a lawyer to analyze and provide advice, tell you what you can say and can do, what can't be said and cannot be done, whether you should keep the notarization in advance, and the lawyer can help you write a complaint, defense, evidence list, and cross-examination opinions in court. Debate back and forth with the other party, state your views to the judge, and then engage in negotiation and mediation with the other party.
All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights. Warm reminder: In actual legal problem scenarios, case details vary. In order to accurately and quickly solve your problem and protect your legitimate rights and interests, it is recommended that you click the Consult Now button below to explain the details to a professional lawyer and solve your actual problem one-on-one. question.
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