First, the charging standard
The Measures for the Administration of Lawyers' Fees in Shenzhen Municipality defines the standards of lawyers' fees. According to the "Measures", lawyers' fees should follow the principles of fairness, reasonableness and legality, and reasonably determine the charging standards in combination with factors such as the nature of the case, the complexity, the amount of the subject matter and the workload of lawyers. At the same time, the "Measures" also stipulates the maximum amount of lawyers' fees to prevent the occurrence of arbitrary charges and high fees by lawyers.
Second, the charging method
The Measures for the Administration of Lawyers' Fees in Shenzhen also stipulates the way of lawyers' fees. According to the "Measures", lawyers can charge by piece, by the proportion of the target amount, by time and so on. The specific method should be determined by the lawyer and the client through consultation and clearly stipulated in the contract. In addition, the method also stipulates the payment method and time of lawyer's fees to ensure that the client can pay the lawyer's fees on time and the lawyer can get paid in time.
Third, the supervision of fees.
In order to ensure the standardization and transparency of lawyers' fees, the Measures for the Administration of Lawyers' Fees in Shenzhen also stipulates the supervision measures for fees. The Measures require law firms to establish and improve the charging system, clarify the charging standards and charging methods, and publicize them. At the same time, lawyers' associations and judicial administrative departments have also strengthened supervision over lawyers' fees, investigated and dealt with violations, and maintained fair competition and order in the market.
To sum up:
The Measures for the Administration of Lawyers' Fees in Shenzhen is a set of comprehensive and meticulous management norms, aiming at standardizing lawyers' fees and protecting the legitimate rights and interests of lawyers and clients. This method clarifies the standards, methods and supervision measures of lawyers' fees, which provides a strong guarantee for the healthy development of the lawyer service market.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 25 provides that:
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully. Law firms and lawyers shall pay taxes according to law.
Measures of Shenzhen Municipality on the Administration of Lawyers' Fees
Article 1 stipulates:
In order to regulate the charging behavior of lawyers' services in this Municipality, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry, these measures are formulated in accordance with the relevant laws and regulations such as the People's Republic of China (PRC) Price Law and the People's Republic of China (PRC) Lawyers Law, and combined with the actual situation of this Municipality.
Measures of Shenzhen Municipality on the Administration of Lawyers' Fees
Article 2 provides that:
These Measures shall apply to the charging behavior of law firms established according to law and lawyers who are allowed to practice in this Municipality to provide legal services for clients.
Measures of Shenzhen Municipality on the Administration of Lawyers' Fees
Article 3 provides that:
Lawyers' service fees shall follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide clients with high-quality and low-cost legal services.