Notice of Beijing Municipal Bureau of Justice and Beijing Lawyers Association on the Full Liberalization of Lawyers Service Fee Control in Beijing:
Issued at 13: 21 on March 2, 2018 by Beijing Lawyers Association
Justice bureaus of all districts, lawyer associations (joint conferences) of all districts and law firms,
In accordance with the requirements of the Central Government and Beijing Municipality on the reform of “streamlining administration, promoting instituting decentralization while improving regulation and optimizing government services”, upon the approval of the People’s Government of Beijing Municipality, the government-guided prices for lawyers’ litigation legal services in Beijing will be canceled as from 1 April 2018 and will be replaced by the market-regulated prices instead. This is a major step to deepen the reform of the legal system and optimize the practice environment for lawyers in Beijing, and is conducive to giving play to the decisive role of the market in the allocation of resources. In order to maintain the normal market order after lifting price control for the lawyers’ legal services in Beijing, and ensure “liberation with order”, the relevant matters are hereby notified as follows:
I. As of 1 April 2018, the lawyers’ legal services fee in Beijing will be subject to the market-regulated price.
II. After the control over the fees for lawyers’ legal services is lifted, all law firms shall strictly abide by the Law of the People’s Republic of China on Lawyers, the Pricing Law of the People’s Republic of China, the Administrative Measures for Law Firms, the Administrative Measures for the Practice of Law by Lawyers issued by the Ministry of Justice and other relevant laws, regulations, and rules, establish and improve the fee management and financial management system, and strictly implement the system of offering services at a clearly marked price, so as to provide clients with reasonably-priced services of acceptable quality. Law firms shall not take advantage of their superior positions to provide forced services to clients or make mandatory charges on clients, charge fees for no service, or overcharge for services. Acting in collusion to increase prices, charging low prices maliciously, committing price fraud and other unfair competitions are strictly prohibited.
III. The municipal and district judicial administrative organs and lawyer associations (joint conferences) shall strengthen the supervision and administration of law firms and lawyers' legal practices. Where a law firm violates provisions on uniform acceptance of entrustment, execution of a written entrustment contract or fee contract, violates provisions on a uniform collection of lawyers’ legal service fees and traveling and lodging expenses, fails to issue bills for lawyers’ legal service fees, fails to provide clients with valid vouchers for expenses paid on their behalf or traveling and lodging expenses, or otherwise violates the Lawyers Law and the practice discipline of lawyers, the judicial administrative authorities and the lawyers’ association shall conduct investigations and impose penalties on them based on their respective authority and in accordance with the law, so as to effectively maintain the order of the legal service market in Beijing.
IV. The Administrative Measures of Beijing Municipality on Fees for Lawyer Services and the Government Guidance Prices of Fees for Lawyer Services in Beijing Municipality (Jing Fa Gai Gui [2016] No. 10) shall be annulled by the issuing authorities by issuing separate documents according to the law.
It is hereby notified.
Beijing Municipal Bureau of Justice
Beijing Lawyers Association
March 2, 2018