Reference Lawyer Fees (English Translation of Regulations of Shanghai Government)
(Note: The following rules are the translation of the annexes of the “Notice of Issuance of Shanghai National Administrative Regulation of Lawyer Fees from Shanghai Development and Reform Commission and Shanghai Judicial Bureau”.)
Standard Price Guidance of Shanghai Government for Legal Service Fees
I. Charge by Piecework
1. Serving the suspect, defendant in criminal cases as the defender, and serving the private prosecutors, victims as the legal representative:
(1) Serving the suspect, defendant in criminal cases as the defender:
Investigation Phase: 1,500-10,000 Yuan/Piecework
Examination and Prosecution Phase: 2,000-10,000 Yuan/Piecework
First Instance Phase: 3,000-30,000 Yuan/Piecework
(2) Serving the private prosecutors, victims as the representative, the fees are appropriately reduced based on the above standard.
2. Representing the other no property-related case under the governmental standard price guidance: 3,000-12,000 Yuan/Piecework.
II. Charge by Ratio of Amount
Providing legal services for property-related cases the fees may be charged by a ratio of amount in dispute in accordance with the following subsection ratio as accumulative charges:
The amount less than 100,000 (100,000 included) Yuan is charged by 8%-12%, which may be charged by 3000 Yuan if the calculated amount is less than 3000 Yuan;
The amount from 100,000 to 1,000,000 (1,000,000 included) Yuan is charged by 5%-7%;
The amount from 1,000,000 to 10,000,000 (10,000,000 included) Yuan is charged by 3%-5%;
The amount from 10,000,000 to 100,000,000 (100,000,000 included) Yuan is charged by 1%-3%;
The amount of more than 10,000,000 Yuan is charged by 0.5%-1%.
III. Charge by Hourly Rate
Representing the cases under the governmental standard price guidance, the hourly rate is 200-3000 Yuan.
IV. Charges Notes
1. For accusations related to more than one crime or criminal offense against the suspect and defender in criminal cases, the fees may be charged by each crime or criminal offense.
The fees for incidental civil action in criminal proceedings are charged by the governmental price standard of civil action if belonging to guided scale, or are charged by agreement between the mandator and the law firm if belonging to market adjusting.
2. For civil or administrative litigation, which simultaneously involves property or non-property legal matters, the fees may be charged by the higher price.
The fees for counterclaim may be agreed upon by the mandator and law firm based on fees for the principal claim.
3. Serving for all kinds of complaining petitions, the fees are charged according to the governmental price standard for the first instance.
4. For the major, difficult, complex litigation, the fees may be charged five times (5 times included) of governmental standard price after agreed by the mandator and law firm.
5. The foregoing standard price refers to the first instance of litigation cases unless otherwise specified. Solely serving for the appeal, review of death sentence, trial supervision, enforcement, the fees are charged according to the governmental price standard for the first instance. Having served for the previous phase, the fees are charged by half of the previous.
The Assessment Measures for Major, Difficult, Complex Cases
in Legal Services Fees
I. The following cases can be stipulated as major, difficult, complex cases in the legal service (fees) contract:
(1) The criminal case which shall be handled by the collegiate bench.
(2) The first instance cases of litigation governed by the People’s intermediate court or the higher court.
(3) The cases which conform to the major, difficult, complex cases standard of the court, procuratorate, public security department, judicial and administrative authority.
(4) The cases which raised public concerns or caused quite influence on the society.
(5) Unprecedented cases.
(6) The Hongkong, Macau, Taiwan related cases which caused quite an influence on society.
(7) The cases in which the handling authority decides to involve the other expert.
(8) The cases which are complex and related to more than three legal subject matters.
(9) The other cases agreed by the mandator and law firm as major, difficult, complex cases.
II. The law firm can determine the charges to the mandator within five times (five times included) of the standard price stipulated in “Standard Price Guidance of Shanghai Government for Legal Service Fees” while negotiating with the mandator according to this Assessment Measures regarding the major, difficult, complex cases and shall not charge accumulate repeatedly.
III. Regarding the cases which the law firm accepted as normal cases but then discovered major, difficult, complex after providing representative services, the law firm can timely negotiate with the mandator during the representation to amend the legal service (fees) contract or re-conclude a new legal service (fees) contract.
IV. Regarding the cases in which the controversy exists with respect of whether the case is major, difficult, complex and no agreement can be reached by the mandator and law firm, both parties may apply to Shanghai Bar Association for mediation, or initiate arbitration, or file litigation before the people’s court.