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Jiangsu Province Lawyer Fee Standards

Jiangsu Provincial Price Bureau and Department of Justice Regarding Adjustments Notice on the charging standards for lawyer services

Promulgation date 2002.05.16

Implementation date 2002.05.16

Expiration date

Each municipal price bureau, Bureau of Justice, Changshu Price Bureau, Bureau of Justice:

In recent years, with the further deepening of reform and opening up, the legal service industry in our province has developed rapidly and has become increasingly market-oriented. In order to further promote the development of the lawyer service industry in our province, standardize lawyer service fees, and protect the legitimate rights and interests of lawyers and clients, according to the "Notice on Issuing Interim Measures for the Administration of Lawyer Service Fees" (Pricing Fees [1997] by the State Planning Commission and the Ministry of Justice) ]286), the "Notice on the Temporary Establishment of Temporary Standards for Lawyer Service Fees by Various Localities" (Jijiji [2000] No. 392) stipulates that the fee standards for lawyer services and related matters in our province are hereby notified as follows:

1. Lawyer service charges are business service charges and are subject to government-guided price management. There are two specific pricing methods: piece-rate charging and negotiated charging.

1. Piece-rate charges. All types of litigation and arbitration agency, agency case execution and other legal services are charged on a piece-rate basis. Please see the attachment for specific charging standards.

2. Negotiate fees. The law firm negotiates fees with the client for representing complaints and accusations, applying for bail pending trial, acting as a legal advisor, handling witnesses, writing letters of attorney, reviewing various legal documents, answering relevant legal consultations, and providing non-litigation legal services. The negotiated fee rules shall be formulated by the Provincial Lawyers Association and shall be reported to the Provincial Price Department and the Judicial Administration Department for filing and then implemented.

2. When performing services, all law firms and lawyers should strictly comply with the provisions of the "Notice on Issuing Interim Measures for the Administration of Lawyer Service Fees" (Pricing Fees [1997] No. 286) of the State Planning Commission and the Ministry of Justice Practice according to the service content, charging methods and behavioral standards.

3. Lawyer service fees shall be subject to a public disclosure system. Each law firm must post its fee schedule in a conspicuous place on its business premises. The fee management methods are posted on the wall and are subject to social supervision.

4. Before charging fees, each law firm must go to the local price department to apply for a "Charging Permit", charge by showing the certificate, and use tax receipts when charging.

5. When each law firm collects lawyer service fees from clients, it should strictly charge according to the standards stipulated in this notice. It should not exceed the standards or arbitrarily charge for independent projects. Violators will be punished by the price inspection department according to the "People's Republic of China" ***Relevant provisions of the National Price Law will be investigated and dealt with.

6. This notice shall be effective from November 1, 2002. The Jiangsu Provincial Price Bureau and the Jiangsu Provincial Department of Justice’s “Notice on Temporarily Adjusting Service Charge Standards” (Su Price Fee [1998] No. 251) has ceased implementation.

Attachment 1: Piece-rate charging standards for lawyer services in Jiangsu Province

Attachment 2: Judgment rules for simple, major, difficult and complex cases

Jiangsu Provincial Department of Justice

May 16, 2002

Attachment 1:

Jiangsu Province Lawyer Service Piece Rate Fees

1. No property relations involved

1. Basic standards for general cases

Charge standard (unit/piece)

Case

case

Type

Bie

Ning, Su, Xi, Chang

Zhen, Yang, Tong, Tai

Xu, Huai, Yan, Lian , Su

Civil cases

1500

1200

1000

Administrative cases

2000

1500

1000

Criminal cases

3000

2500

2000

Arbitration cases

1500

1200

1000

2. For simple litigation cases, you can The specific fee standard can be determined within 50% of the basic standard for the above-mentioned general cases; for major litigation and arbitration cases, it can be determined within 3 times the basic standard; for difficult and complex cases, it can be determined within 5 times the basic standard; for cases with foreign-related factors ( The subject matter of the dispute or the place where the contract is signed or the place where the contract is performed is abroad, and foreign laws are applicable for settlement) can be determined within 5 times of the basic standards; the above factors can be combined and implemented, but the actual standards must not exceed 10 times of the basic standards. See Appendix 2 for the determination rules for simple, major, difficult and complex cases.

3. "Well-known" lawyers who have been evaluated by judicial administrative agencies or lawyers associations at or above the provincial level can determine specific charging standards within 10 times of the above basic standards when handling various cases that do not involve property relations.

2. Involving property relations

In handling civil cases, administrative cases, enforcement and arbitration cases involving property relations, in addition to the fees determined by those not involving property relations, different fees should also be charged. Additional fees will be charged if the ratio is higher than the following (progressive system):

Charging ratio

Dispute

Property subject matter

Ning, Su, Xi, Chang

Zhen, Yang, Tong, Tai

Xu, Huai, Yan, Lian, Su

Below 10,000 yuan (inclusive)

Exemption

Exemption

Exemption

10,000 yuan to 100,000 yuan (inclusive)

4%

3.5%

3%

100,000 yuan to 500,000 yuan (inclusive)

3%

2.5 %

2%

500,000 yuan to 1 million yuan (inclusive)

2.5%

2%

1.5%

1 million yuan to 5 million yuan (inclusive)

2%

1.5%

1%

5 million yuan to 10 million yuan (inclusive)

1.5%

1%

0.5%

1000 More than 10,000 yuan

0.7%

0.5%

0.25%

1. After consultation between the law firm and the client, the For the above-mentioned cases of property relations, if risk agency is implemented, the fees can be negotiated by both parties.

2. If there is a counterclaim in a lawsuit, the amount of the counterclaim will be halved.

3. Other relevant charging regulations

1. Serving as the agent of a private prosecutor in a criminal case or a victim in a public prosecution case shall be subject to the charging standards for civil cases.

2. Those who handle first-instance and second-instance litigation cases will be charged at half of the actual first-instance fees; those who have acted as agents for first-instance or second-instance appeals will be charged at half of the actual first-instance fees; those who have acted as agents in arbitrations , the first and second instance stages of litigation will be charged at half of the arbitration stage fees.

Attachment 2:

Judgment Rules for Simple, Major, Difficult and Complex Cases

In order to correctly determine simple, major, difficult and complex cases in lawyer business fees and formulate specific fee standards, This determination rule is formulated in accordance with the spirit of relevant national legal provisions and judicial interpretations.

1. Simple cases

(1) The following cases that are tried by the People’s Court using simplified procedures are simple criminal cases:

1. Cases that are handled only upon complaint, Except for cases that seriously endanger social order and national interests;

(1) Cases of insult and defamation;

(2) Cases of violent interference with freedom of marriage;

(3) ) Abuse cases;

2. Criminal cases in which the People’s Procuratorate did not initiate a public prosecution and the victim had evidence to prove it;

(1) Intentional injury cases;

(2 ) case of illegal intrusion into a residence;

(3) case of violation of freedom of communication;

(4) case of bigamy;

(5) case of death case.

3. Public prosecution cases that may result in a prison sentence of less than 3 years and a suspended sentence, or criminal detention, or control, or a fine alone.

Cases where one person commits several crimes and the same crime are not simple criminal cases.

(2) Other simple cases

Civil and economic dispute cases that are subject to simple procedures and heard by a single judge in the basic people's courts are simple cases.

2. Major cases

(1) The following cases are major criminal cases:

1. Organizing, leading, and participating in crimes of a mafia nature, with clear facts and evidence Confirmed cases;

2. Cases of organizing, leading, and participating in terrorist activities, smuggling crimes, drug crimes, crimes endangering national security, and cases of corruption and bribery committed by leading cadres at or above the county level, with clear facts and conclusive evidence Cases;

3. Defending the first and principal offender of a criminal group, with clear facts and conclusive evidence;

4. Cases of first instance by the People's Court at an intermediate level or above;

5. Criminal cases specially targeted by the state;

6. Criminal cases that have a major social impact in the region, involve a wide range of areas, or cross regions;

7. Other major cases confirmed by the provincial or provincial municipal lawyers association.

(2) The following civil, administrative, economic, and judicial cases are major cases:

1. Cases with certain social impact and cross-regional disputes in the region, with clear facts and evidence Confirmed and sufficient cases;

2. Group litigation, cases with clear facts and conclusive and sufficient evidence;

Major cases confirmed by the provincial or provincial-level municipal lawyers association.

3. Difficult and complex cases

(1) The following criminal cases are difficult and complex cases:

1. Involving the obstruction to companies and enterprises stipulated in the criminal law provisions Cases involving management order crimes, crimes undermining financial management order, and financial fraud crimes;

2. Major cases involving unclear facts and insufficient evidence;

3. Defendants Cases of being accused of two or more crimes;

4. Cases in which the defendants are guilty of the same crime involving more than 5 people;

5. After review, it is necessary to change the charges charged by the procuratorate Cases;

6. Difficult and complex cases confirmed by the provincial or provincial-level municipal lawyers association.

(2) The following civil, economic, administrative, and arbitration cases are difficult and complex cases:

1. Complex cases involving more than two legal relationships and large disputes;

2. The main facts are unclear and the evidence is insufficient, and the case requires more than 5 working days (not including 5);

3. It is a major case with unclear facts and insufficient evidence. Cases;

4. Cases that require more than 3 lawyers to handle together;

5. Cases involving specialized expertise require the hiring of non-legal professionals as consultants. Cases handled;

6. New types of cases;

7. Intellectual property disputes, unfair competition disputes, and goodwill rights that directly reflect economic value but have no litigation subject , Reputation rights dispute cases;

8. Difficult and complex cases confirmed by the provincial or provincial-level municipal lawyers association.

4. If the case is accepted as a general case and it is found to be a simple, major or difficult and complex case, we should promptly negotiate with the client and sign a separate charging agreement or terminate the entrustment contract. If negotiation fails, the case shall be submitted to the provincial and municipal lawyers association or the provincial lawyers association for mediation.

If it is difficult for the Provincial Lawyers Association to confirm, it should confirm it together with the Provincial Price Department and the Judicial Administration Department.

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