律师事务所收费程序规则
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司法部令第87号

颁布日期:20040319  实施日期:20040501  颁布单位:司法部

  No. 87

  The Procedure Rules on the Charging of Law Firms, deliberated and adopted at the executive meeting of the Ministry1 of Justice on March 16th, 2004, are hereby promulgated2, and shall come into force as of May 1st, 2004.

  Zhang Fusen, Minister

  March 19th, 2004

  Procedure Rules on the Charging of Law Firms

  Article 1 With a view to regulating the charging acts of law firms, the present Rules are hereby formulated3 in accordance with the relevant laws, regulations, and provisions on lawyers‘ service charge.

  Article 2 The charging items, charging standards and charging ways of a law firm shall be carried out in conformity4 with the Interim5 Measures for the Administration of Lawyers Services Charge and the relevant provisions on lawyers service charge as formulated by the competent price departments and administrative6 departments of justice of the provinces, autonomous7 regions, and municipalities directly under the Central Government.

  Article 3 Law firms shall adhere to the principle of legality, openness, fairness, and consistency8 through negotiation9 for their charging of lawyers service fees.

  Article 4 Where a law firm charges fees through negotiation or by hour, it shall carry it out in line with the scope as provided for in Article 4 and 7 of the Interim Measures for the Administration of Lawyers Service Charge.

  Article 5 The lawyers service charge shall be collected unifiedly by law firms.

  No lawyer may charge any fee from the clients without permission.

  Article 6 Law firms shall publicize the charging items, charging standards and charging ways for lawyer‘s services by posting, printing service guide, or other ways, and be supervised by the clients.

  Article 7 After accepting the entrustment11, a law firm shall conclude charging contracts with the clients or specify12 charging clause in the entrustment contract.

  A charging contract shall cover the following contents: charging items, ways and standards, amount or proportion of charges, ways of payment or settlement, and methods of dispute resolution, etc……

  Article 8 A law firm shall charge lawyers service fees in line with the ways of charging and amount or proportion of charges as concluded in the charging clauses of the charging contract or the entrustment contract.

  Article 9 A law firm shall charge lawyers service fees directly from the clients. Where the charges are paid by the undertaking13 lawyer as the agent upon the request of the clients or due to other reasons, the undertaking lawyer shall provide the power of attorney signed by the clients and specifying14 the amount of charges to be paid to the law firm.

  Article 10 A law firm shall issue legal bills to the clients in time when charging lawyers service fees from them.

  Article 11 Law firms shall conduct unified10 management on the entrustment contract, charging contract, charging bills, seals and the relevant introductory letters, etc……

  Article 12 In accordance with the provisions of Article 8 of the Interim Measures for the Administration of Lawyers Service Charge, where the clients need to pay additional fees for handling a case, the law firm shall inform the clients in advance. The specific items and ways of payment shall be determined15 by the two parties through negotiation.

  Article 13 Where a law firm on behalf of the clients pays fees for identification, appraisal16, or translation, fees charged by the people‘s courts according to law, and other fees for handling a case, it shall settle them with the clients upon the strength of the effective certificates.

  Article 14 When a law firm charges fees in advance for business trip as needed for a lawyer to handle a case in a different place, it shall provide budgetary estimate for such fees to the clients, for which the two parties shall enter into an agreement through negotiation, with their names signed on for confirmation17. Where during the process of handling a case, there is real necessity to adjust the budgetary estimate for fees due to the change of circumstances, the law firm shall negotiate about it with the clients again, and implement18 it after the two parties have signed their names on it for confirmation.

  An undertaking lawyer shall not in private charge fees for business trip from the clients for handling a case in a different place.

  Article 15 Law firms shall supervise the pre-collection of the fees for business trip of the undertaking lawyers for their handling of a case in a different place.

  After completing the matters entrusted19, the undertaking lawyer shall submit the effective certificates of bills for use of fees and for the expenditure20 to the law firm, and accept the audit21 of the law firm.

  Where after auditing22, the law firm deems that the items and standards of expenditure are not appropriate, the expenditure shall be reduced after checking. The fees reduced through checking shall be borne by the undertaking lawyer.

  Article 16 Where after completing the entrusted matters, a law firm shall settle the fees paid in advance with the clients for business trip of lawyers for their handling of a case in different places in time. It shall submit the effective certificates of bill for use of fees and for expenditure to the clients when making the settlement, which shall be checked and confirmed by the clients.

  Article 17 A law firm may, upon the approval of the relevant departments, establish a special account for depositing the contract money, enforcement money, and deposit for performance of a contract, and other funds they keep for the clients.

  A law firms shall strictly23 administer the special account, and prevent the risk. The payment of funds in the special account must be checked and guarded strictly to ensure that the special funds be used for special purposes. No one may embezzle24 the funds in the special accounts for other purposes.

  Article 18 In case the clients do have difficulty in economy, law firms may reduce the amount of lawyers service charge or postpone25 the payment thereof. But the undertaking lawyer may not decide by himself/herself to reduce the amount of lawyers service charge or postpone payment thereof.

  Article 19 No law firms may canvass26 business by using illegal ways of charging, nor may they give any discount to the clients by any means or items or pay introductory fees to the agent.

  Article 20 Where a law firm has any dispute with the clients due to charging fees, they shall solve it through negotiation. In case they cannot enter into an agreement through negotiation, they may ask the local lawyers association to handle it through mediation27, or institute a proceeding28 to the people‘s court.

  Article 21 A law firm shall be supervised and inspected by the local competent price department or administrative department of justice for its charging acts.

  Article 22 Where a law firm and their lawyers violate the present Rules, the administrative department of justice and the lawyers associations shall impose an administrative punishment or vocational punishment on them in accordance with the relevant provisions.

  Article 23 The present Rules shall come into force as of May 1st, 2004.



点击收听单词发音收听单词发音  

1 ministry kD5x2     
n.(政府的)部;牧师
参考例句:
  • They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
  • We probed the Air Ministry statements.我们调查了空军部的记录。
2 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
3 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
4 conformity Hpuz9     
n.一致,遵从,顺从
参考例句:
  • Was his action in conformity with the law?他的行动是否合法?
  • The plan was made in conformity with his views.计划仍按他的意见制定。
5 interim z5wxB     
adj.暂时的,临时的;n.间歇,过渡期间
参考例句:
  • The government is taking interim measures to help those in immediate need.政府正在采取临时措施帮助那些有立即需要的人。
  • It may turn out to be an interim technology.这可能只是个过渡技术。
6 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
7 autonomous DPyyv     
adj.自治的;独立的
参考例句:
  • They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。
  • This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。
8 consistency IY2yT     
n.一贯性,前后一致,稳定性;(液体的)浓度
参考例句:
  • Your behaviour lacks consistency.你的行为缺乏一贯性。
  • We appreciate the consistency and stability in China and in Chinese politics.我们赞赏中国及其政策的连续性和稳定性。
9 negotiation FGWxc     
n.谈判,协商
参考例句:
  • They closed the deal in sugar after a week of negotiation.经过一星期的谈判,他们的食糖生意成交了。
  • The negotiation dragged on until July.谈判一直拖到7月份。
10 unified 40b03ccf3c2da88cc503272d1de3441c     
(unify 的过去式和过去分词); 统一的; 统一标准的; 一元化的
参考例句:
  • The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。
  • The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。
11 entrustment 526b37b72a9ef9bd309909b523167da7     
[法]委托
参考例句:
  • The term of entrustment is divided into one-day five-day validity. 委托期限分为当日有效和五日有效。 来自互联网
  • Chapter three discusses the bureaucratic group and the congressional entrustment of legislation. 第三章讨论官僚集团与国会立法权的委托。 来自互联网
12 specify evTwm     
vt.指定,详细说明
参考例句:
  • We should specify a time and a place for the meeting.我们应指定会议的时间和地点。
  • Please specify what you will do.请你详述一下你将做什么。
13 undertaking Mfkz7S     
n.保证,许诺,事业
参考例句:
  • He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。
  • He is too timid to venture upon an undertaking.他太胆小,不敢从事任何事业。
14 specifying ca4cf95d0de82d4463dfea22d3f8c836     
v.指定( specify的现在分词 );详述;提出…的条件;使具有特性
参考例句:
  • When we describe what the action will affect, we are specifying the noun of the sentence. 当描述动作会影响到什么时,我们指定组成句子的名词。 来自About Face 3交互设计精髓
  • Procurement section only lists opportunistic infection drugs without specifying which drugs. 采购部分只说明有治疗机会性感染的药物,但并没有说明是什么药物。 来自互联网
15 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
16 appraisal hvFzt     
n.对…作出的评价;评价,鉴定,评估
参考例句:
  • What's your appraisal of the situation?你对局势是如何评估的?
  • We need to make a proper appraisal of his work.对于他的工作我们需要做出适当的评价。
17 confirmation ZYMya     
n.证实,确认,批准
参考例句:
  • We are waiting for confirmation of the news.我们正在等待证实那个消息。
  • We need confirmation in writing before we can send your order out.给你们发送订购的货物之前,我们需要书面确认。
18 implement WcdzG     
n.(pl.)工具,器具;vt.实行,实施,执行
参考例句:
  • Don't undertake a project unless you can implement it.不要承担一项计划,除非你能完成这项计划。
  • The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。
19 entrusted be9f0db83b06252a0a462773113f94fa     
v.委托,托付( entrust的过去式和过去分词 )
参考例句:
  • He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。
  • She was entrusted with the direction of the project. 她受委托负责这项计划。 来自《简明英汉词典》
20 expenditure XPbzM     
n.(时间、劳力、金钱等)支出;使用,消耗
参考例句:
  • The entry of all expenditure is necessary.有必要把一切开支入账。
  • The monthly expenditure of our family is four hundred dollars altogether.我们一家的开销每月共计四百元。
21 audit wuGzw     
v.审计;查帐;核对;旁听
参考例句:
  • Each year they audit our accounts and certify them as being true and fair.他们每年对我们进行账务审核,以确保其真实无误。
  • As usual,the yearly audit will take place in December.跟往常一样,年度审计将在十二月份进行。
22 auditing JyVzib     
n.审计,查账,决算
参考例句:
  • Auditing standards are the rules governing how an audit is performed.收支检查标准是规则统治一个稽核如何被运行。
  • The auditing services market is dominated by a few large accounting firms.审计服务市场被几家大型会计公司独占了。
23 strictly GtNwe     
adv.严厉地,严格地;严密地
参考例句:
  • His doctor is dieting him strictly.他的医生严格规定他的饮食。
  • The guests were seated strictly in order of precedence.客人严格按照地位高低就座。
24 embezzle 689yI     
vt.贪污,盗用;挪用(公款;公物等)
参考例句:
  • I suppose they embezzle a lot.我想他们贪污了不少。
  • The cashier embezzled $50,000 from the bank and ran away.银行的出纳盗用了五万美元,并且逃跑了。
25 postpone rP0xq     
v.延期,推迟
参考例句:
  • I shall postpone making a decision till I learn full particulars.在未获悉详情之前我得从缓作出决定。
  • She decided to postpone the converastion for that evening.她决定当天晚上把谈话搁一搁。
26 canvass FsHzY     
v.招徕顾客,兜售;游说;详细检查,讨论
参考例句:
  • Mr. Airey Neave volunteered to set up an organisation to canvass votes.艾雷·尼夫先生自告奋勇建立了一个拉票组织。
  • I will canvass the floors before I start painting the walls.开始粉刷墙壁之前,我会详细检查地板。
27 mediation 5Cxxl     
n.调解
参考例句:
  • The dispute was settled by mediation of the third country. 这场争端通过第三国的斡旋而得以解决。
  • The dispute was settled by mediation. 经调解使争端得以解决。
28 proceeding Vktzvu     
n.行动,进行,(pl.)会议录,学报
参考例句:
  • This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
  • The work is proceeding briskly.工作很有生气地进展着。
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