New Rules on Lawyer's Risk Agency Fee in 2020

The charging standard of risk agency cases is based on the provisions of the Measures for the Administration of Lawyer Service Charges. In practice, lawyers handle risk agency cases in two ways. One is semi-risk agency, which divides the agency fee in the agency contract into two parts, namely, basic agency fee and risk agency fee. The basic agency fee is paid after signing the contract and will not be refunded regardless of the outcome of the case. The risk agency fee is charged according to the amount of the case and the difficulty of handling (the proportion is generally lower than the total risk) and paid in combination with the case result. The other is a full-risk agent. All agency fees in the contract are charged according to a certain proportion (the proportion shall not exceed 30% of the target amount) according to the amount of the case and the difficulty of handling it, but all agency fees are related to the handling result of the case.

Under what circumstances can't we charge through risk agency? 1, criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases; 2. Marriage and inheritance cases; Cases applying for social insurance benefits or minimum living security benefits; Cases requesting payment of alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; Requests for payment of labor remuneration and other cases. The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:

Working hours spent;

(two) the difficulty of legal affairs;

(3) the client's affordability;

(4) Risks and responsibilities that lawyers may bear;

(5) The lawyer's social reputation and working level.

To sum up, the content of the new regulation 2020 on lawyer's risk agency fee is very perfect. Please consult local government policies or local offices for details.

Legal basis:

Article 11 of the Measures for the Administration of Fees for Lawyers' Services: In handling civil cases involving property relations, if the client still asks for risk agency after learning the government-guided price, the law firm may implement risk agency fees, 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) Request for payment of labor remuneration, etc.

Article 12 of the Measures for the Administration of Lawyers' Service Fees: Risk agency fees are prohibited in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.

Article 13 of the Measures for the Administration of Lawyers' Service Fees: To implement risk agency fees, the law firm shall sign a risk agency fee contract with the client, stipulating the risk responsibilities, charging methods, charging amount or proportion that both parties should bear.

The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.