The salary of paid lawyers is fixed, but some paid lawyers get their salary from the firm, and some partners get their own salary, which depends on the management mode of the firm. But in any case, paid lawyers are holding monthly money and doing work regardless of traffic. Therefore, the cases that paid lawyers do are either internal or partner's. In short, whoever pays will work for him.
Commission lawyers are responsible for their own profits and losses and risks. Open up the market, tap customers, collect legal fees, deduct office management fees and taxes, and the rest is your own. Since it is at your own risk, it is definitely not forced labor.
Second, the classification of lawyers.
1, legal representative
A legal representative refers to a person who carries out litigation activities in place of a citizen without legal capacity in accordance with the law. Legal agency in administrative litigation is an agency system established for parties without litigation capacity. The legal representative in administrative litigation has the following characteristics:
(1) The generation and scope of agency must be based on the clear provisions of the law.
(2) The principal represented by the legal agent is a natural person without litigation capacity.
(3) Legal representation is not only a right, but also an obligation.
Article 28 of the Administrative Procedure Law stipulates: "A citizen without legal capacity shall be represented by his legal representative. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit. " The designated legal representative shall not refuse. However, it is worth noting that the appointed agent of the people's court is not the "appointed agent" in the litigation agency system, and the appointed person is still the legal agent, not the appointed agent.
2. Entrusted agent
Entrusted agent refers to the person who carries out litigation on behalf of the parties or legal agents in litigation agency activities.
Article 29 of the Administrative Procedure Law stipulates: "The parties and legal representatives may entrust one or two persons to represent the litigation. Lawyers, social organizations, close relatives of citizens who file lawsuits or people recommended by their units, and other citizens licensed by the people's courts can all be entrusted as agents ad litem. "
Three. Lawyers' rights as administrative litigation agents
According to Article 25, Item 2, Article 30, Article 3 1 of the Lawyers Law and Article 30 of the Administrative Procedure Law, lawyers, as agents of administrative litigation, enjoy the following rights:
Lawyers perform their duties according to law and are protected by state laws, and no unit or individual may interfere;
Lawyers have the right to consult the case files and evidence materials of the cases they undertake;
Lawyers may investigate the situation with the consent of the relevant units or individuals;
At the trial stage, with the permission of the presiding judge, lawyers have the right to directly ask questions to defendants, witnesses and expert witnesses, or apply to the court to notify new witnesses to appear in court and obtain new evidence to apply for re-appraisal or inquest;
A lawyer has the right to refuse to act as his agent when he believes that the client has not truthfully stated the facts or made unreasonable and illegal demands. If he is an agent, he can terminate the agency contract.
The above is about the difference between paid lawyers and commission lawyers. Paying lawyers are different from commission lawyers. Simply put, paid lawyers are lawyers with fixed wages, while commission lawyers have no fixed wages and are responsible for their own profits and losses and risks. If you have any legal questions, it is recommended to consult a professional lawyer.