The complexity of society will lead to some contradictions with others in our daily life. And the problem caused by this contradiction is a civil problem. When people have questions or are difficult to solve, we will deal with them through legal means. In order to better solve their own problems, our customers will entrust relevant legal persons to assist. Then, what is the charging standard for civil litigation lawyers in Hangzhou?
(1) What is the charging standard for civil litigation lawyers in Hangzhou?
1. Piece rate
(1) Civil litigation cases not involving property relations: 2500- 10000 yuan/piece.
(two) civil litigation cases involving property relations, according to the amount of litigation, according to the following proportion of cumulative charges:
Less than 65438+ ten thousand yuan (including 65438+ ten thousand yuan): 6-8%. If the fee is less than 2500 yuan, it can be charged at 2500 yuan.
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan): 5-6%
More than 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan): 4-5%
1 10,000 yuan to 5 million yuan (including 5 million yuan): 3-4%
More than 5 million yuan to 6,543,800,000 yuan (including 6,543,800,000 yuan): 2-3%
/kloc-more than 0/00000 yuan: 1-2%
Two, the lawyer service charges to implement government guidance price and market adjustment price. Law firms accept complaints about entrusted civil litigation and civil litigation cases, and their fees are subject to government-guided prices; The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. A law firm may, according to the local economic and social development, the difficulty of the case, the lawyer's social reputation, service ability, possible risks and responsibilities and the client's ability to pay, negotiate with the client to determine the specific amount of fees within the prescribed scope. The charging standard is the charging standard in the first trial stage of litigation cases.
Three, a separate agent of second instance, retrial, execution of the case, according to the first stage of the charges. If the same law firm has represented the previous stage, the charging standard for litigation agency from the latter stage shall not be higher than 70% of the charging standard of the previous stage. Acting as an agent for all kinds of litigation cases shall be carried out in accordance with the charging standards for litigation cases of first instance. The civil litigation part of criminal incidental civil litigation cases shall be charged according to the standards of civil litigation cases. The cost of counterclaim can be determined through consultation with the client according to the cost of this case.
Four, civil litigation involves both property relations and non-property relations, can be calculated according to the higher.
Five, major, difficult and complicated cases, the law firm shall negotiate with the client to determine the specific fees within the range of not more than 5 times the upper limit of the standard. The identification standards and related measures for major, difficult and complicated cases shall be formulated separately by the Provincial Lawyers Association and reported to the Provincial Price Bureau and the Provincial Department of Justice for the record.
1, universal identification standard
(1) Cases tried by people's courts at or above the intermediate level;
(two) cases that meet the standards of major, difficult and complicated cases of courts, procuratorates, public security, judicial administration and other organs;
(three) cases that have aroused widespread concern in society and have great social impact;
(4) New types of cases;
(5) Cases involving foreign affairs or Hong Kong, Macao and Taiwan;
(6) Cases in which other professionals need to participate as decided by the case-handling organ, except simple cases involving general translators and appraisers;
(seven) the case is complex, involving more than three kinds of 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) Cases with obviously large workload;
(ten) other cases that the law firm and the client think are significant, difficult and complicated.
2, the specific standards of civil cases.
(a) in any of the following circumstances, it is a major civil case.
1. Cases that have great social impact within the county (city, district) or have been reported by media, network and overseas media at or above the prefecture level, causing social concern;
2. Cases with political, group and sensitive factors that have a great impact on social stability;
3. Cases of first instance tried by the Intermediate People's Court;
4. Cases involving foreign affairs or Hong Kong, Macao and Taiwan.
(two) in any of the following circumstances, it is a difficult and complicated civil case, except that the case is obviously simple.
1, cases involving more than two legal relationships or more than three creditor's rights;
2. A case in which one party raises an objection to jurisdiction;
3. Civil cases in which there are more than three persons on either side, and cases such as * * * litigation and group litigation stipulated in Articles 53, 54 and 55 of the Civil Procedure Law;
4. The scope of evidence in civil cases is wide, including the fact that one party has more than 20 pieces of evidence or both parties have more than 30 pieces of evidence, and the time span of the case exceeds three years;
5. Cases applying for retrial or protest 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 that are not tried within the administrative division of the prefecture-level city where the law firm is located;
9 cases of execution in which property preservation measures have not been taken in the course of litigation and cases of execution of notarized creditor's rights documents;
10, the case has been tried for more than four times or the trial period has exceeded 18 months;
1 1, new cases and ownership disputes, medical damage compensation disputes, personal insurance contract disputes, subrogation disputes, cancellation rights disputes, bidding and sales disputes, auction disputes, real estate development and operation contract disputes, construction project contract disputes, technology contract disputes, intellectual property disputes, insurance contract disputes, maritime contract disputes, letter of credit disputes, futures trading disputes, trust disputes, and so on. Agricultural contract disputes, bills of lading disputes, certificates of deposit disputes, contractual management rights disputes, bill evidence rights disputes, shareholders' rights disputes, damage to the company's rights and interests disputes, unfair competition disputes, maritime disputes;
12. Cases tried by special procedures.
Six, domestic litigation cases involving foreign or Hong Kong, Macao and Taiwan legal affairs, by the law firm with reference to foreign or Hong Kong, Macao and Taiwan law firms to handle similar legal affairs in China, and negotiate with the client to determine the amount of fees.
Seven, the time charge
Billing working hours are the effective working hours for lawyers to handle legal affairs, including the time for accepting legal advice from clients, understanding the case from clients, investigating and collecting evidence, consulting case files, drafting litigation documents and legal documents, meeting criminal suspects and defendants, responding in court, participating in mediation and negotiation, handling various formalities and handling other related legal affairs. If there are more than two lawyers, they shall be calculated separately according to their respective charging standards and actual working hours. The specific standards for hourly charges shall be formulated separately by the Provincial Lawyers Association and reported to the Provincial Price Bureau and the Provincial Department of Justice for the record.
Eight, the law firm shall sign an agency contract with the client, clear terms, clear charging items, standards, methods, amount, payment and settlement.
People will inevitably encounter disputes with others in their daily lives, and solving this problem is also handled by general legal means. In order to better solve the problems encountered by our customers, they will ask lawyers to help them deal with such disputes. In addition to the provisions of the state, the lawyer's fee standard should also be formulated in light of the actual situation in the region. The charging standard of civil litigation lawyers in Hangzhou is formulated according to the actual development of Hangzhou.