What is the regulation of lawyer's risk agency in China?
Although the risk agency can bring great benefits to the law firm or the lawyer himself, it will also bring new challenges to the lawyer's work. In fact, the risks undertaken by the whole law firm, including the lawyer himself, are also very great, as are the clients. In fact, this kind of risk agency is generally only applicable to those particularly complicated cases, and few people in life can really understand the provisions on lawyer risk agency. What is the risk agency regulation of lawyers in China? 1. What is a risk agent? 1, risk agency, the popular understanding is that the lawyer will pay the lawyer's agency fee after helping the client win the lawsuit. 2. The risk agency fee means that the law firm only charges the basic fee when accepting the entrustment, and the rest of the service remuneration is agreed in advance by the law firm and the client on the objectives and effects to be achieved in the entrusted matters, as well as the time, proportion and conditions for paying the lawyer's service fee. 3. If it meets the agreed conditions, it shall pay the fees as agreed; If no agreement can be reached, no more fees will be paid. 4. On April 13, 2006, the Measures for the Administration of Lawyers' Service Charges officially confirmed that risk charging is a way of lawyers' charging, and confirmed the legality of lawyers' risk charging. 2. Under what circumstances can't you represent risks? 1. It is forbidden to collect fees through risk agents in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. 2. When a lawyer handles a civil case involving property relations, if the client still asks for risk agency after learning the government guidance price, the law firm can implement risk agency fee, except for the following cases: 1) marriage and inheritance cases; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting to pay alimony, alimony, alimony, pension, relief fund and industrial injury compensation; 4) Request to pay labor remuneration. 3. What is the charging standard for lawyer risk agency? 1, the execution of risk agency fees, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibilities, charging methods, charging amount or proportion that both parties should bear. 2, the implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the amount agreed in the fee contract. 4. What's the difference between risk agency and traditional agency? 1. The objects of risk agency are mostly difficult and complicated cases, especially those with great difficulty in execution, otherwise the client will not agree to risk agency. 2. The result of risk agency is closely related to lawyer's remuneration and investment recovery, that is, lawyers should not only bear the risk of not receiving agency fees, but also bear the risk of investment losses, which urges lawyers to strengthen their sense of responsibility. 3. The proportion of fees agreed by the risk agency is relatively high, which is attractive to lawyers. 4. The client has a high degree of trust in the lawyer, and the lawyer has greater authority to dispose of the substantive rights and interests of the case. First of all, we should understand the concept of risk agency. Secondly, the state clearly stipulates that some cases cannot be handled by risk agents, and the fees charged by risk agents cannot exceed the standards set by a country. Risk agency is not difficult to understand. If the lawsuit cannot be won, then the law firm can only charge some basic fees.