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. When a law firm handles civil cases involving property relations in accordance with Article 11 of the Measures for the Administration of Lawyers' Service Fees, if the client still asks for risk agency after being informed of the government's guidance price, it can 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 prohibits the implementation of risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. Thirteenth risk agency fees, the law firm shall 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. The maximum risk agency fee shall not be higher than 30% of the target amount agreed in the charging contract.
legal ground
Article 13 of the Measures for the Administration of Lawyers' Service Fees If the client proposes to terminate the entrustment relationship due to the fault of the lawyer, the law firm shall refund all the lawyers' service fees received in advance; If the entrustment relationship is terminated without the fault of the lawyer, the lawyer service fee charged by the law firm will not be refunded.
If the law firm terminates the entrustment relationship due to the fault of the client or the client's request is beyond a reasonable range, the law firm shall make corresponding deduction according to the actual expenditure of undertaking legal affairs and return the balance to the client.
Article 11 of the Measures for the Administration of Lawyers' Service Fees prohibits lawyers from acting as risk agents in work-related injury compensation cases. This provision holds that workers with work-related injuries belong to vulnerable groups. If such a charging method is adopted, the high legal fees after winning the case in the later period will increase the burden on the injured workers.
Article 12 of the Measures for the Administration of Lawyers' Service Fees prohibits the implementation of risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.