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Guangzhou City Lawyer Fee Charging Standards

Legal subjectivity:

Lawyer fees can be said to be lawyer agency fees, which are related fees charged by lawyers for handling cases. There are certain standards. The specific fees will be negotiated with the parties. . 1. What are lawyer fees? Lawyer fees, that is, lawyer agency fees, refer to the remuneration that a lawyer should receive for representing a client in legal matters. Attorney's fees have the following characteristics: 1. Lawyers should collect case fees uniformly in the name of their law firm and are not allowed to collect attorney's fees privately. 2. Lawyer fees are different from case handling expenses. The necessary expenses incurred by the lawyer to handle the entrusted matters must still be borne by the client. Such as transportation fees, accommodation fees, forensic identification fees, etc. 3. Attorney's fees are different from litigation fees. Attorney's fees are civil agency fees based on the client relationship, while litigation fees are mandatory fees based on filing a lawsuit with the court. Attorney fees are negotiable, litigation fees are non-negotiable. (Reminder: Lawyer fees are different in various regions) 2. The relevant regulations clearly stipulate that the attorney fees are borne by the defendant. 1. In contract dispute cases, the creditor exercises the right of revocation. Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)": "Article 26: Lawyer fees, travel expenses and other necessary expenses paid by the creditor when exercising the right of revocation , shall be borne by the debtor; if the third party is at fault, the liability shall be appropriately shared." 2. Copyright civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes": "Article 26 Reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include rights The reasonable expenses incurred by a person or an agent to investigate and obtain evidence for infringement. The People's Court may, based on the parties' litigation requests and specific case circumstances, calculate attorney fees that comply with the provisions of relevant national departments into the scope of compensation." 3. Trademark civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": "Article 17 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the right holder Or the reasonable expenses of entrusting an agent to investigate and collect evidence on the infringement. The people's court may calculate the attorney's fees that comply with the provisions of the relevant state departments into the scope of compensation based on the litigation claims of the parties and the specific circumstances of the case. "3. Guangdong attorney's fees. Standards (1) Charging standards based on hourly charging: 200-3,000 yuan/hour (2) Charging standards based on piece-rate charging: 1. Criminal: (1) Investigation stage: 2,000-6,000 yuan/case (2) Review and prosecution stage: 6,000-16,000 yuan/case (3) Trial stage: 6,000-33,000 yuan/case. Criminal private prosecution and serving as the victim’s agent shall be subject to the above standards. For criminal cases that span a very long time or geographical area, are group crimes or other serious and complex cases, the charging standard can be negotiated and determined within a period of no more than 1.5 times the prescribed standard. 2. Civil and administrative litigation not involving property: 3,000-20,000 yuan per case (3) Civil and administrative litigation involving property: On the basis of charging a basic fee of 1,000-8,000 yuan, the amount will be accumulated in proportion to the amount of the disputed subject matter. Calculation and charging: Calculation ratio of the subject amount of the dispute. Quick calculation of attorney fees (yuan) below 50,000 yuan (including 50,000 yuan): no additional fee of 50,000-800,050,000-100,000 (including 100,000 yuan): 85000-9000100,000-500,000 ( (including 500,000 yuan): 59000-29000 500,000-1 million (including 1 million yuan): 429000-490001 million-5 million (including 5 million yuan): 349000-1690005 million-10 million (including 10 million yuan): 2169000- 26900010 million-50 million (including 50 million yuan): 1269000-669000 More than 50 million yuan: more than 0.5669000 (4) Charge instructions: 1. The above charging standards are allowed to fluctuate by 20. 2. The above two and three charging standards and proportions are agency The fee standard for a trial level of litigation case or arbitration case.

Those who have not represented the first instance but have represented the second instance will be charged according to the first instance standard; those who have represented the first instance and then the second instance, or who have represented the first or second instance and then remanded the application for retrial or retrial or confirmed the retrial case, will be charged at half the first instance standard; involving arbitration For cases where the client has acted as an arbitration agent, the fees for the first or second instance of the litigation will be reduced by half of the arbitration standard. Enforcement cases are charged according to one trial level. Criminal cases are accompanied by civil matters, and the civil part will be charged at half the first-instance standard. 3. Risk charges may also be adopted when handling civil and commercial cases involving property relations. The maximum charge standard or total amount of risk charges shall not exceed 30% of the interests in dispute. Legal objectivity:

Notice of the Supreme People's Court on Issuing "Several Opinions on Implementing the Criminal Policy of Combining Leniency with Severity"