Jfgg [2016] No. 10

 

May 4th, 2016

 

 

 

All units concerned:

 

According to the notice of the national development and Reform Commission on the opinions on liberalizing the price of some services (fgjg [2014] No. 2755) and the Beijing pricing catalogue, the administrative measures of Beijing Municipality on lawyer service charges and the government guidance price standard for Beijing Lawyer Litigation agency service fees are printed and distributed to you, please abide by them.

 

The basic level legal service institutions (including township and street legal service offices) shall pay for legal services in accordance with the provisions of this circular.

 

This Circular shall be implemented as of the date of promulgation. The notice of Beijing Municipal Development and Reform Commission and Beijing Municipal Bureau of justice on printing and distributing the government guidance price standard of Beijing lawyer's litigation agency service charge (Trial Implementation) and the implementation measures of Beijing Municipality on lawyer service charge management (Trial Implementation) (jfG [2010] No. 651) shall be repealed at the same time.

 

It is hereby notified.

 

Beijing Municipal Development and Reform Commission, Beijing Municipal Bureau of Justice

 

May 4, 2016

 

 

 

Administrative measures of Beijing Municipality on fees for lawyer services

 

General

 

Article 1 These measures are formulated in accordance with the price law of the people's Republic of China, the law of the people's Republic of China on lawyers, the relevant provisions of the national development and Reform Commission and the Ministry of justice, and in combination with the actual situation of this Municipality, in order to standardize the charging behavior of lawyer services in this Municipality, safeguard the legitimate rights and interests of clients and lawyers according to law, and promote the healthy development of the lawyer service industry.

 

Article 2 the measures for the legal services provided by the law offices of lawyers directly under the central government and the law offices stationed in the municipality in Beijing shall be applicable to the legal services provided by the law offices in their respective regions and regions. Where laws, regulations and rules have other provisions on the fees for lawyer services, such provisions shall prevail.

 

When law firms of this city provide legal services in other places, they may implement these measures or the regulations on the management of lawyer service fees in the place where the legal services are provided, and the details shall be determined through consultation between the law firm and the client.

 

The branch offices established by law firms of this Municipality in other provinces, autonomous regions and municipalities directly under the central government shall be governed by the local regulations on the administration of lawyer service fees.

 

Article 3 lawyer's service fee refers to the service remuneration that a law firm receives from the client when it appoints a lawyer to handle legal affairs according to law.

 

In the process of legal service, the third party shall not pay the legal service fee separately.

 

Article 4 the fees for lawyer services shall follow the principles of openness and fairness, voluntary compensation, honesty and credibility, and payment by clients.

 

The client may choose a law firm to provide services on its own. The law firm shall not force the client to accept services or charge fees in disguised form.

 

Article 5 a law firm shall reduce the service cost, embody social equity, facilitate the people and benefit the people, and provide the clients with diligent and dutiful legal services.

 

Government guided price and market regulated price

 

Article 6 the fees for lawyer services shall be subject to the government guidance price and market regulation price.

 

Article 7 law firms shall provide the following legal services in accordance with the law and implement the government guidance price:

 

(1) to serve as the defender of criminal suspects and defendants in criminal cases, as well as the agents of private prosecution and victims of criminal cases.

 

（2） Acting as the agent of civil and administrative litigation of citizens who ask for payment of labor remuneration, industrial injury compensation, alimony, alimony, pension, relief, social insurance or minimum living security, and public interests such as safety accidents, environmental pollution, land acquisition and demolition compensation (compensation) Agent in the case of substantive litigation.

 

（3） Acting as the agent of a citizen's claim for state compensation.

 

The government guidance price standard for lawyer service fees shall be formulated by the municipal competent price department in conjunction with the municipal judicial administrative department.

 

Article 8 the law firm shall negotiate with other law firms to regulate the fee.

 

Article 9 a law firm shall consider the following main factors when negotiating with a client the fees for lawyer services:

 

（1） Time spent working.

 

（2） The difficulty of legal affairs.

 

（3） The affordability of the client.

 

（4） The possible risks and responsibilities of lawyers.

 

（5） The social reputation and working level of lawyers.

 

Charging methods for lawyer services

 

Article 10 according to different service contents, lawyer service fees may be charged in the form of piece by piece, proportion of subject matter, time and risk agency.

 

Article 11 piece by piece fee refers to the way in which a law firm provides legal consultation, handles legal affairs or makes legal documents for clients, and collects service remuneration according to the number of services.

 

Piece rate charge is generally applicable to legal affairs that do not involve property relations.

 

Article 12 charging according to the proportion of the amount of the subject matter refers to the way in which a law firm collects the service remuneration according to the amount of the disputed property of the parties.

 

Charging according to the proportion of the subject matter is applicable to legal affairs involving property relations.

 

Article 13 hourly fee is a charging method for a law firm to calculate and collect service remuneration according to the fixed unit time charging standard and according to the effective working hours paid by lawyers for providing legal services.

 

Time charge is applicable