How much is the lawyer's fee for the risk agency contract?
There must be a lot of lawsuits around us, and we may have encountered them. We all know that we must hire corresponding lawyers in litigation, because our basic legal knowledge is insufficient. Lawyers have to pay a certain fee, so what is the lawyer's fee for the risk agency contract? 1. How much is the lawyer's fee for the risk agent? According to Article 13 of the Measures for the Administration of Lawyers' Service Fees issued by the Ministry of Justice, the risk agency fee shall be implemented, and the maximum amount shall not be higher than 30% of the target amount agreed in the fee contract. The specific proportion should be determined by the parties and lawyers through consultation according to the difficulty of the case, the size and region of the subject matter and the different charging methods of the risk agent. The general principle is that risk is proportional to income: the proportion of fees charged for more difficult cases is higher than that for less difficult cases; The proportion of charges for cases with small bid amount is higher than that for cases with large bid amount; The proportion of charges for foreign cases is higher than that for local cases; The total risk model has a higher cost ratio than the semi-risk model; In the semi-risk model, the proportion of low basic agency fees is higher than that of high ones; The proportion of ex post payment is higher than that of ex post payment. The proportion of fees linked to the execution result is higher than that linked to the judgment result only; In addition, lawyers should also pay attention to the fact that after the risk agency law wins the case, the lawyers' fees paid by the parties are much higher than those paid by the fixed fee law. In order to avoid disputes, lawyers should first inform the parties about the standard of fixed fees for them to choose from, and fully prompt the relevant risks. This is very important. Second, what is a risk agent? Risk agency refers to a special entrusted litigation agency between the entrusted agent and the parties. The client does not pay the agency fee in advance, and after the execution of the case, the client pays a certain proportion of the creditor's rights to the agent as a reward. If the case is lost or the execution fails, the agent will not get any return; If the creditor's rights are executed in place, the client will pay the agent in accordance with the agreed high proportion, which has certain risks for both parties, so it is called risk agency. Article 11, Article 12 and Article 13, paragraph 2, of the Measures for the Administration of Lawyers' Service Fees respectively stipulate: "If the client still asks for risk agency after learning the government guidance price in handling civil cases involving property relations, the law firm may charge for risk agency, except for the following circumstances: (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 compensation for work-related injuries; (4) requesting payment of labor remuneration. It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. Note: To implement the risk agency fee, the law firm should sign a risk agency fee contract with the client, and stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear. Third, what should I pay attention to when hiring a lawyer risk agent? Article 1 1 of the Measures for the Administration of Lawyers' Service Charges issued by the National Development and Reform Commission and the Ministry of Justice on April 3, 2006 stipulates that when a law firm handles a civil case involving property relations, if the client still requests to implement risk agency charges after being informed of the government guidance price, it may implement risk agency charges. Article 13 stipulates that when the risk agency charges are implemented, both parties shall agree on the risk responsibility, charging method, charging amount or proportion. As can be seen from the above provisions, before the implementation of risk agency, the lawyer should clearly inform the client of the government-guided price, and after the adoption of risk agency, the lawyer should also fully explain the risk content and charging standards borne by both parties. For example, if the client provides legal services through a lawyer, it may gain more benefits in litigation and arbitration cases, and it may not only be unprofitable, but also expand the loss. In terms of fees, lawyers should fully explain the way, amount, calculation basis and proportion of fees to clients, so as to prevent differences between the two sides on the standards and methods of fees. These risk warnings and special precautions should be recorded through meeting minutes, conversation notes and contract texts. In case of disputes. There is an upper limit on the lawyer's fee of risk agency contract in our country, because the lawyer's fee of all cases is definitely different, so the upper limit stipulated by our country is 30% of the case, which is the highest charging standard. In general, the lawyer's fee is about 3%.