General civil litigation attorney fee standards:
The case acceptance fee is 1,000 yuan. If the subject matter is disputed, after the case acceptance fee is collected, the subject matter fees will be accumulated according to the following proportions:
If the amount of the subject matter in dispute is less than 10,000 yuan (including 10,000 yuan), the subject matter fee is exempted;
The amount of the subject matter in dispute is between 10,000 yuan and 100,000 yuan (including 100,000 yuan). ), the subject fee will be charged as 3, with a fluctuation range of 20;
If the amount of the subject matter in dispute is between 100,000 yuan and 500,000 yuan (including 500,000 yuan), the subject fee will be charged as 2, with a fluctuation range of 20 20;
If the amount of the subject matter in dispute is between 500,000 yuan and 1 million yuan (including 1 million yuan), the subject matter fee will be charged at 1.5, with a fluctuation range of 20;
Amount of the subject matter in dispute If the price is not marked above 1 million yuan, a subject fee of 0.5 will be charged, with an upper and lower range of 20.
1. What are the charging standards for litigation cases at different trial stages?
(1) The charging standards for civil litigation cases are determined according to the trial stage.
1. Piece-rate charging standard.
The charge is 3,000-10,000 yuan per piece.
2. The charging standard is based on the target amount.
Below 100,000 yuan (including 100,000 yuan), 10 (minimum charge is 3,000 yuan);
100,000 yuan to 1 million yuan (including 1 million yuan), 6;
1 million to 10 million yuan (including 10 million yuan), 4;
More than 10 million yuan, 2.
The fees will be calculated progressively based on the difference between the subject matter of the dispute between the parties.
3. There is no limit to the price reduction of the above charging standards.
(2) Implement contingency agency fees, and the maximum fee amount shall not be higher than 30% of the property interests agreed with the client. In contingency agency, the parties and the lawyer agree to pay a small part of the fee in advance or not to pay the fee. After the case is completed, the target amount will be paid. Or the actual judicial effect, attorney fees will be paid proportionally. For example, a lawsuit requires the defendant to pay a million owed. The risk lawyer does not charge any fees before representing you. Until the end of the case, if you want to get back the one million, the risk lawyer will charge up to 30% of one million as legal fees, which is less than 300,000! In summary, the prepayment fee is small! Risk agency, There are risks for lawyers and clients, and the costs are high.
(3) For retrial and appeal cases, lawyer service fees will be charged according to the charging methods and charging standards determined at a trial stage. If a law firm represents multiple stages of a case, the fees will be reduced starting from the second stage.
Legal Basis
"Measures for the Payment of Litigation Fees"
Article 13 Case acceptance fees shall be paid according to the following standards:
( 1) Property cases shall be paid cumulatively according to the amount or value of the litigation claim in accordance with the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case;
2. The portion exceeding RMB 10,000 to RMB 100,000 shall be paid at 2.5%;
3. The portion exceeding RMB 100,000 to RMB 200,000 shall be paid at 2%;
4. For the portion exceeding 200,000 yuan to 500,000 yuan, the payment is 1.5%;
5. The portion exceeding 500,000 yuan to 1 million yuan is paid 1%;
6. For the portion exceeding 1 million yuan to 2 million yuan, 0.9% shall be paid;
7. For the portion exceeding 2 million yuan to 5 million yuan, 0.8% shall be paid;
8. For the portion exceeding 5 million yuan to 10 million yuan, 0.7% shall be paid;
9. For the portion exceeding 10 million yuan to 20 million yuan, 0.6% shall be paid;
10. For the portion exceeding 20 million yuan, 0.5% will be paid.
(2) Non-property cases should be paid according to the following standards:
1. Divorce cases should be paid between 50 yuan and 300 yuan for each case.
Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to compensation for damages, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid.
3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.
(4) 10 yuan is required for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each;
2. Other administrative cases The fee for each case is 50 yuan.
(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.
"Lawyers Law of the People's Republic of China"
Article 40 Lawyers shall not engage in the following conduct in their professional activities:
(1) Privately Accepting entrustment, collecting fees, and accepting property or other benefits from the client;
(2) Taking advantage of the convenience of providing legal services to obtain the rights and interests of the parties involved in the dispute;
(3) Accepting the rights of the other party property or other interests, and maliciously colludes with the other party or a third party to infringe upon the rights and interests of the client;
(4) Violating regulations to meet with judges, prosecutors, arbitrators and other relevant staff;
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(5) Offering bribes to judges, prosecutors, arbitrators and other relevant staff, introducing bribes or instigating or inducing parties to pay bribes, or influencing judges, prosecutors, arbitrators and other relevant work in other improper ways personnel handle cases in accordance with the law;
(6) Deliberately provide false evidence or threaten or induce others to provide false evidence, hindering the other party from lawfully obtaining evidence;
(7) Inciting and instigating the parties to take Disrupting public order, endangering public security and other illegal means to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals, and interfering with the normal conduct of litigation and arbitration activities.
Notice of the National Development and Reform Commission and the Ministry of Justice on the Issuance of the "Measures for the Administration of Lawyer Service Fees"
Article 13: To implement contingency agency fees, the law firm shall sign a contingency fee agreement with the client. The agency fee contract stipulates the risk responsibilities, fee methods, fee amounts or proportions that both parties should bear.
Risk agency charges are implemented, and the maximum charge amount shall not be higher than 30% of the subject amount agreed in the charge contract.
Article 14: Law firms shall strictly implement the management measures and charging standards for lawyer services formulated by the pricing department in conjunction with the judicial administrative department at the same level.