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Jiangsu province lawyer service charge standard
Jiangsu province lawyer service charge trial standard table

Unit: Yuan

Fees for charging items

I. Acting as an agent in criminal cases

(1) Simple case

1, investigation stage 1000-8000 yuan

2. RMB 65,438+0,500-65,438+0,000 in the stage of review and prosecution.

3, the preliminary stage of 3000-20000 yuan.

(two) the amount of major, difficult and complicated cases is not higher than 5 times that of simple cases.

2. Acting as an agent in civil cases and administrative cases: as a citizen, requesting payment of labor remuneration and compensation for work-related injuries; Requesting to pay alimony, alimony and alimony; Apply for pensions and relief funds; A civil or administrative litigation agent who requests social insurance benefits or minimum living security benefits; Acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation for land acquisition and demolition. , the implementation of government guidance price. Other types of cases are affected by market-regulated prices.

(1) Simple case

1, excluding the property of 2500- 10000 yuan.

2. Litigation disputes involving the amount of property.

≤ 1 0,000 yuan shall be implemented according to the standard of civil cases not involving property.

& gt 1 ten thousand yuan, of which 6-7% is less than or equal to 1 ten thousand yuan.

& gt65438+ 10,000 yuan, 5-6% less than 500,000 yuan.

& GT500,000 yuan, ≤ 1 4-5% of ten thousand yuan.

& gt 1 10,000 yuan, less than 3-4% of 5 million yuan.

& gt 5 million yuan, ≤ 10 million yuan 2-3%.

& gt 10/00000 yuan, ≤100000 yuan 1-2%

& gt 1 100 million yuan (2) The number of major, difficult and complicated cases shall not be higher than 5 times that of simple cases.

Three. Acting as an agent for state compensation cases

(1) Simple case

1. If it does not involve property, it shall be implemented according to the standard of simple civil cases that do not involve property.

2. The property involved is handled according to the amount of litigation disputes and the standard of simple civil property cases.

(two) major, difficult and complicated cases shall be handled according to the standard not higher than 5 times that of simple civil cases.

Four, the implementation of the government guidance price case fee time is 200-2500 yuan/hour.

Description:

I. Acting as an agent in criminal cases

1. Those who act as defenders, agents or victims' agents in criminal private prosecution cases shall be charged according to the charging standard of first instance in criminal cases.

2, the criminal victim's agent, according to the standard, reduce the cost as appropriate.

3. Those who independently represent cases of second instance, death penalty review, trial supervision and special procedures shall be charged according to the standards of first instance. Has represented the previous stage, from the latter stage by half.

4. If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one according to the charges or criminal facts involved.

5. If the civil litigation part of the criminal incidental civil litigation case falls within the scope of government guidance price, it shall be charged according to the charging standard of civil litigation case; If it falls within the market-regulated price range, it shall be determined by the law firm through consultation with the client.

Second, acting as an agent in civil cases.

1. Independently represent cases of second instance, retrial, execution and counterclaim, and charge according to the charging standard of first instance cases respectively. Has represented the previous stage, from the latter stage by half.

2, civil and state compensation cases involving both property relations and non-property relations, can be calculated and charged according to the higher.

3. If you represent this lawsuit and a counterclaim case at the same time, the amount of counterclaim subject matter will be charged by half respectively.

4. Charges involving property (the amount of litigation dispute) shall be charged in a step-by-step rate.

Three. All types of cases

1, representing all kinds of litigation cases, is charged according to the standard of first instance.

2. Risk agency fees are applicable to legal affairs involving property relations, criminal litigation cases, civil cases with government pricing, state compensation and administrative cases. After the implementation of risk agency fees, if the contract is unclear or obviously unfair, it shall be interpreted in favor of the client.

3. If the client comes from overseas or Hong Kong, Macao and Taiwan, the law firm may consult the representative offices of foreign countries or Hong Kong, Macao and Taiwan to handle similar legal affairs, and negotiate with the client to determine the amount of fees.

4 major, difficult and complicated litigation cases shall be agreed and confirmed by the law firm and the client through consultation.

5, the agent to implement the government guidance price of the case, the use of time charges, less than 30 minutes without charge; For more than 30 minutes 1 hour, press 1 hour; According to the time when a lawyer handles affairs. If more than two lawyers are needed, the time shall be calculated separately and determined by addition.

6. Attorney's fees, arbitration fees, appraisal fees, notarization fees, translation fees, cross-border communication fees, expert argumentation fees, etc. If the law firm pays on behalf of the client in the process of providing legal services, the travel expenses for handling cases do not belong to the lawyer's service fees, and shall be paid separately by the client. If a law firm needs to collect travel expenses for handling cases in advance, it shall reach an agreement with the client through consultation and make a written agreement. If a law firm really needs to change its fees, it must obtain the written consent of the client in advance.

Annex 2

Criteria for determining major, difficult and complicated litigation cases

In order to accurately determine the difficulty and complexity of accepting litigation cases by lawyer services, standardize the charging behavior, and safeguard the legitimate rights and interests of clients and law firms, this accreditation standard is formulated in accordance with the Measures for the Administration of Lawyers' Service Charges in Jiangsu Province.

I. Scope of application

This accreditation standard is applicable to law firms established in Jiangsu Province. When accepting litigation cases, it accurately identifies the difficulty and complexity of the cases, and accurately applies the charging standards for lawyer services. Except for the major, difficult and complicated cases identified below, other types of cases shall be implemented according to the simple case charging standard.

Two, major, difficult and complicated litigation cases that standard

(1) general certification standard

A lawsuit that meets one of the following circumstances is a major, difficult and complicated lawsuit:

1, a case of first instance under the jurisdiction of a people's court at or above the intermediate level (including the intermediate level);

2, in line with the court, procuratorate, public security, judicial and administrative organs of major, difficult and complicated cases;

3 cases that have aroused widespread concern and great social influence;

4. New types of cases;

5. Cases involving foreign affairs or Hong Kong, Macao and Taiwan;

6. The case-handling organ decides that other professionals need to participate in the case, except for simple cases involving general translators and appraisers;

7, the case is complex, involving more than three legal relations;

8. Non-obvious simple cases handled in different places (that is, outside the administrative division of the prefecture-level city where the law firm is located);

9. Other major, difficult and complicated cases agreed between the law firm and the client and approved by the client.

(2) Criteria for determining major litigation cases

1, standards for major criminal cases

A criminal case that meets one of the following circumstances is a major criminal case:

(1) Cases with great social impact or cases that attract great media attention in areas above the county level;

(2) Cases investigated, prosecuted and tried by judicial organs at or above the prefecture level;

(three) foreign-related cases or criminal cases involving Hong Kong, Macao and Taiwan;

(4) Cases of unit crimes;

(5) Cases in which a criminal suspect or defendant may be sentenced to more than fixed-term imprisonment;

(6) There are cases where factors such as group and sensitivity have great influence on social stability.

2, major civil litigation cases that standard

A civil litigation case that meets one of the following circumstances is a major civil litigation case:

(1) Cases with great social impact or cases that attract great media attention in areas above the county level;

(2) There are situations where factors such as group and sensitivity have a great influence on social stability;

(3) Cases involving foreign affairs or Hong Kong, Macao and Taiwan;

(4) Cases of first instance under the jurisdiction of people's courts at or above the intermediate level (including intermediate level).

3, major administrative litigation cases that standard

An administrative litigation case that meets one of the following circumstances is a major administrative litigation case:

(1) Administrative litigation cases in which citizens, legal persons or other organizations refuse to accept administrative punishment decisions made by administrative organs, such as ordering to stop production or business, revoking licenses or permits, imposing a relatively large fine or administrative detention;

(2) Cases with significant social impact or high media attention in areas above the county level;

(3) There are situations where factors such as group and sensitivity have a great influence on social stability;

(4) Cases involving foreign affairs or Hong Kong, Macao and Taiwan;

(5) Cases of first instance under the jurisdiction of a people's court at or above the intermediate level (including the intermediate level);

(six) cases of administrative litigation against the specific administrative acts of the people's governments at or above the county level and the functional departments of the people's governments at or above the provincial level;

(seven) cases involving major local infrastructure construction, investment construction and social public interest construction projects administrative license or major administrative punishment.

(3) Criteria for determining difficult and complicated litigation cases

1, identification standard of difficult and complicated criminal cases

A criminal case that meets one of the following circumstances is a difficult and complicated criminal case:

(1) Cases in which crime and non-crime are disputed;

(2) Cases with qualitative disputes between this crime and that crime;

(3) There may be circumstances in which the procuratorial organ decides not to prosecute;

(four) cases of more than two crimes;

(5) Cases involving more than three persons;

(six) appeal or apply for retrial;

(7) Cases with serious social harm, such as endangering national security, endangering public safety, underworld organizations, terrorist organizations, smuggling, drugs, corruption and bribery, dereliction of duty and infringement, disrupting financial order, financial fraud, endangering tax collection and management, disrupting business order, infringing intellectual property rights, disrupting market order, etc.

(eight) cases involving new crimes stipulated in the criminal law amendment.

2, difficult and complicated civil litigation cases that standard

A civil litigation case that meets one of the following circumstances is a difficult and complicated civil litigation case, except for cases that are tried by summary procedure:

(1) Cases involving more than three legal relationships or more than three claims;

(2) A case in which one party raises an objection to jurisdiction;

(3) Cases in which the number of any party is more than 3, or cases such as * * * litigation and group litigation as stipulated in Articles 53, 54 and 55 of the Civil Procedure Law;

(4) A civil case with more than 20 pieces of evidence by one party or more than 30 pieces of evidence by both parties, or a case involving a factual time span of more than 3 years;

(5) Cases of retrial or protest tried in accordance with the procedure of trial supervision;

(6) Civil cases that intersect with administrative legal relations or criminal legal relations;

(7) Incidental civil litigation cases in criminal appeal or criminal retrial;

(8) Cases involving judicial organs outside the prefecture-level city where the law firm is located;

(nine) cases of execution in which property preservation measures were not taken in the course of litigation and cases of execution of notarized creditor's rights documents;

(10) Cases with more than four trials or trial time exceeding 18 months;

(1 1) ownership dispute, medical damage compensation dispute, personal insurance contract dispute, subrogation dispute, cancellation right dispute, bidding and sale dispute, auction dispute, real estate development and operation contract dispute, construction project contract dispute, technology contract dispute, intellectual property dispute, insurance contract dispute, maritime contract dispute, letter of credit dispute, futures trading dispute, trust dispute, operation dispute. New types of cases, such as bill of lading disputes, certificates of deposit disputes, contract management rights disputes, bill evidence rights disputes, shareholder rights disputes, damage to company rights disputes, unfair competition disputes, maritime disputes, etc. ;

(12) Civil cases tried by special procedures.

3, difficult and complicated administrative litigation cases that standard

Administrative litigation cases that meet one of the following circumstances are difficult and complicated administrative litigation cases:

(1) Cases in which there are more than three plaintiffs in administrative litigation;

(2) Cases in which the accused administrative act intersects with civil and criminal legal relations;

(3) Administrative litigation cases involving intellectual property, maritime affairs, taxation and other professions;

(4) appealing or retrial of a case.

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