Attorney Fee for Representing Divorce Cases

• Time：2018-01-05
• counter：2068

Attorney Fee for Representing Divorce Cases
A lawyer shall charge family case, according to the rule of Measures on Pricing for Lawyer’s Legal Service produced by National Development and Reform Commission and the Ministry of Justice. The entrustment agreement with the client shall specify the method of payment, the amount of fees, the types of expenses and the method of how such legal fees shall be paid.
Contingent fee-based charging model generally does not apply to divorce cases.
The entrustment agreement shall clarify whether the expenses incurred during the handling of cases such as jurisdiction objections, property preservation, and counterclaims are included in the original lawyer's fixed fee. If there are any additional agency fees agreed, it should generally be stated in the entrustment agreement.
The entrustment agreement may expressly stipulate that if the lawyer has completed the procedure for entrustment with the client and the lawyer has started the legal work but the client unilaterally terminate the entrustment or withdraw the suit or if the other party withdraws the lawsuit (in the case the client is a defendant), the legal fee paid by the client will not be refunded.
Although legal fees are for the negotiation between the lawyer and client as each case has its own characters, there is a general frame for attorney fee for reference:
If the value  or the amount of the subject matter (property value in the case of divorce) is below 100,000 RMB (including 100 thousand RMB), the charging rate is 8% - 12%, if the calculated amount of the lawyer fee is less than 3000 RMB, it shall be charged at 3000 RMB.
If the value or the amount of the subject matter is more than 100,000 RMB, but less than 1 million, for the proportion between 100,000RMB and 1 million RMB (including 1 million RMB), the charging rate is 5% - 7%.
If the value  or the amount of the subject matter is more than 1,000,000 RMB, but less than 10,000,000RMB, for the proportion between 1,000,000RMB and 10,000,000 RMB (including 10,000,000RMB), the charging rate is 3% - 5%.
If the value or the amount of the subject matter is more than 10,000,000 RMB, but less than 100,000,000RMB, for the proportion between 10,000,000RMB and 100,000,000 RMB (including 100,000,000RMB), the charging rate is 1% - 3%.
If the value or the amount of the subject matter is more than 100,000,000 RMB, the charging rate is 0.5% - 1%.