Law of the People's Republic of judicial no.87
The lawyer fee procedure rules have 16 March 2004 by ministerial meetings of justice, is hereby promulgated, since May 1, 2004.
ZhangFuSen minister
On March 19, 2004
1 in order to regulate the lawyers fees behavior, according to the relevant laws, regulations and management of lawyers fees, these rules are formulated.
Article 2 lawyers fees standard and mode of project, and shall be in accordance with the interim measures for the administration of the province, autonomous region, municipality directly under the central government and the price departments and judicial administrative organs of lawyers service fees.
Article 3 law firm, collect fees shall abide by the law, legal, openness, fairness, consensus.
Article 4 lawyers fees by negotiation, timing, and shall, in accordance with the interim measures for the administration of article 4, article 7 of the scope stipulated.
Article 5 lawyers fees charged by the lawyer firm unity.
A lawyer shall not to the principal without any fees.
Article 6 lawyers shall take the post, printing, publishing service guide lawyers service fees, charges and fees standard, accept the supervision.
Article 7 law firm shall, after the authorized to sign the contract or the charge in the contract terms stated in charge.
Fee contract shall include the following contents: fees, charges, fees and standard amount (), payment and settlement of dispute solution, etc.
Article 8 law firm shall, in accordance with the contract or entrust contract charge fee clauses stipulated fees and charges (amount) collect lawyers fees.
Article 9 law firm shall collect fees directly to the lawyer. Should the request or other reasons, the lawyer pay cost, a lawyer shall provide to the lawyer office of the trustor shall sign and pay the amount of attorney.
Article 10 the lawyer firm, to collect fees shall promptly issue legal bills to the client.
Article 11 law firm shall entrust contract, unified management fee and charge bill, seal the contract and relevant introduction letters, etc.
Article 12 according to the interim measures for the administration of the provisions of article 8, shall pay to the handling fees, law firm shall inform client beforehand, specific projects and payment will be negotiated by both parties.
Article 13 the lawyer and sewerage, translation, appraisal cost pays fee, the people's court shall collect fees handling fee shall be valid certificate, and the principal settlement.
Article 14 cases from foreign lawyers law firm shall, when needed to the travel expense budget, provide the consultation, signed by the two parties confirm. Handling process, the changing conditions need to be adjusted expense budget, and the principal lawyers shall any negotiation, and signed by the two parties after confirmation.
A lawyer shall not undertake to the ground without charge handling travel expense.
Article 15 a law firm shall undertake to use the different from lawyers handling travel expense implement supervision.
Undertake lawyer notaries matters entrusted to law firm shall, after submission fee list and the use of effective vouchers, accept expenditure audit firms.
The audit firm that spending items, standards, and shall not and subtract. The cost of undertaking and subtract by lawyers.
Article 16 law firms, pending matters entrusted with the client shall promptly after the ground settlement attorney from handling travel expense. Settlement shall, when the cost to submit list and use of effective vouchers, spending by the audit.
Article 17 lawyers approved by the relevant department store, can set up for safekeeping contract for the collection, funds, execute the performance security etc special account.
Law firms shall strictly special account management, risk prevention. The special account for the money paid to audit strictly checks, and earmarking. The special account will be strictly funds to any other purposes.
Article 18 lawyers have financial difficulties for the client, can reduce or HuanShou attorney fees. Contractor shall decide on client attorney fees levied or HuanShou lawyer.
Article 19 law firm shall charge by unfair means, solicit business in any way and names to the principal rake-offs or to pay cash agent.
Article 20 the lawyer office and the dispute by charging, shall be settled through friendly negotiation. Through consultation, may request the local lawyers association, can mediate a lawsuit to the people's court.
Article 21 a law firm shall accept the fees, local price departments and judicial administrative organs of supervision and inspection.
Article 22 a law firms and lawyers in violation of this rule, the judicial administrative organs in accordance with the relevant provisions, lawyers association, administrative penalty or trade sanctions.
Article 23 the rules since May 1, 2004. |