Risk agency refers to a special entrusted litigation agency between the principal and the parties. The client does not prepay the agency fee or prepay a small amount of agency fee. After the case is won or executed, the client pays a certain proportion of the creditor's rights that have been won or executed in place to the agent as a reward. If the case is lost or the execution fails, the client will not pay the remuneration. This kind of agency has certain risks for both parties, so it is called risk agency.
According to the relevant regulations, when a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government-guided price, it can implement risk agency fees, except for the following circumstances:
First, marriage inheritance cases;
The second is to request social insurance benefits or minimum living security benefits;
The third is to request the payment of alimony, alimony, alimony, pension, relief money and compensation for work-related injuries;
Fourth, ask for payment of labor remuneration.
Therefore, divorce disputes cannot be represented by risk.
1. What should I do if the time limit for adducing evidence in divorce proceedings expires?
According to the trial rules of the Supreme Court, if the parties fail to provide evidence within the time limit, the court will no longer organize cross-examination at the expiration of the time limit. This requires the parties to be quite familiar with the relevant provisions of the people's court on the proof procedure. When you file a case, you must carefully read the relevant contents in the Notice of Proof received by the court. If you don't pay attention to the time limit for giving evidence, explain the situation to the court first, so as to obtain the court's approval to postpone giving evidence. Under normal circumstances, as long as the other party, especially the lawyer, does not raise objections, the court will not take the initiative to refuse cross-examination because the evidence is overdue. But if the key evidence can't be cross-examined, and you are the plaintiff, you can only remedy it by withdrawing the lawsuit.
Second, in the divorce proceedings, the other party "ignored" the court summons?
However, when the parties talked about divorce with each other before the lawsuit, the other party had a bad attitude and even threatened that if you sued me, I wouldn't take a subpoena and I wouldn't appear in court, which means you can't leave! Actually, you don't have to worry. We often encounter this situation, but in the end, few people "ignore" the court summons. Why? Although Shanghai courts now usually call or send letters to let the parties pick up divorce cases, if they meet the parties who refuse to cooperate, the court will still send staff to provide on-site service. Even if the parties refuse to sign, the court can still use the lien to serve according to law, but the procedure is a bit troublesome. If one party receives a court summons, it will basically appear in court, otherwise the court may make a judgment by default and may make a judgment against the party who refuses to appear in court. In order to protect their "rights" from losses, the parties will naturally not be absent and will not ask for trouble.
Third, in the divorce proceedings, the other party defrauded "debt"?
Creating "false debts" is also a common problem in divorce cases; . For example, the original parents gave the purchase price, and now they write "IOUs" in an attempt to become a loan relationship; Money from your own stock market is said to be money from other people's stock trading; Even directly find relatives and friends to forge IOUs. Worried about the other party's fraud is one of the biggest concerns of the parties in divorce proceedings. Actually, you don't have to worry too much. The court has certain procedural rules, and "counterfeiting" is not so easy to succeed. At present, the general view in the theoretical circle is that the court should not directly deal with the debt problem when trying divorce cases. The usual practice of the court is that if one party refuses to admit the debt, it usually does not conduct a substantive trial of the debt, but recommends that the creditor sue another case. "Falsification" has to face the test of identification and cross-examination, the consequences of Article 47 of the Civil Code, and even the participants have to bear the criminal consequences of perjury. Therefore, as long as we pay attention to litigation rights and skills, the problem of "cheating" by the other party in litigation can be prevented and solved.
4. There is no evidence of a "third party" in divorce proceedings?
Nearly 60% of the divorce cases we took over involved extramarital affairs. Many parties are distressed that they can't find evidence that the other party has a "third party". In fact, if cohabitation cannot be formed, it is of little significance to make great efforts to find evidence of a "third party". First of all, it is difficult to obtain evidence that can directly prove extramarital affairs. Ordinary parties can only get phone lists, phone records, text messages, photos of relatives, witness testimony, and even block the door. The probative force of these evidences is relatively small, and the general court will not find the other party at fault because of these evidences. It is not worth spending so much energy and money to obtain meaningless evidence. Therefore, as long as you have some evidence that can be psychologically understood by the court, you don't have to care too much about whether these evidences have a tendency to affect the free planting of legal cases.
5. In divorce proceedings, what should the other party do if he conceals property?
Once the other party receives a court summons, many people worry that the other party will start to hide family property. In fact, this kind of worry is not unnecessary. Almost 60% of the cases will involve a party suspected of concealing property. Therefore, to prevent the other party from concealing property, we must be prepared in advance. For example, invoices of family members and property will be collected before prosecution, or friends will be invited to testify and video forensics technology will be adopted. In addition, for bank deposits, stocks, etc. At the same time, you can apply to the court for investigation or the lawyer can issue an investigation order. Once the whereabouts of the property are ascertained, property preservation measures can be taken as appropriate.
6. In divorce proceedings, both parties want a house?
House is the most basic means of subsistence, especially in Shanghai where land and money are scarce. If both parties want a house, the court will generally consider the following factors:
(1) Who will raise the children? Under normal circumstances, who will raise the children and who will be awarded the house is more likely;
(2) Take care of the innocent party. For example, the other party has four bad habits stipulated in Article 46 of the Civil Law, namely bigamy, cohabitation, violence, abandonment or other serious faults. Considering the interests of the innocent party, the court will consider the rights and interests of the innocent party as appropriate.
(3) If both parties have the same conditions and have no children, the court can also solve the ownership problem of the house by bidding, that is, the house is awarded to the highest bidder and the other party gets a discount.
7. What if both parties want children in divorce proceedings?
If the child is ten years old, generally listen to the opinions of the child; If the child is under 10 years old, the child in early childhood is generally more likely to be awarded to the mother. In addition, the court will also consider the economic conditions, ideological quality of both parties and the living environment that children are used to, and make a judgment as appropriate in line with the principle of "conducive to the growth of children".
Eight, divorce proceedings, the other party is not allowed to see the children?
If the judgment/mediation agreement or divorce agreement stipulates the children's visitation right, but in actual performance, one party or its parents refuse to let the other party exercise the visitation right for various reasons, the party enjoying the visitation right can communicate and negotiate through the local neighborhood committee; if it fails, it can bring an infringement lawsuit to the people's court on the premise of collecting relevant evidence. At present, there are enforcement cases in our case book. However, it should be noted that court enforcement will generally only take measures to remove obstacles, and will not take compulsory measures against the child's body.
In divorce proceedings, the other party claims to be "someone" in court?
When many parties hire a lawyer, they will first ask: What is your relationship with the court? Or, worry about each other's social relations, know the case handlers in court or wander around, and worry that the verdict will be unfavorable to you. I think this idea is superfluous on the whole. The trial of divorce cases has formed a set of unique rules. Under normal circumstances, case handlers will follow this set of rules. The property involved in divorce is either the joint property of husband and wife or not, and it is clearly defined. Compared with other economic cases, the judge's freedom is less. Generally, divorce cases involve personal interests, and it is unlikely that the trial of the case will be affected by the upper-level relationship. Even if the relationship exerts influence, I am afraid it is difficult to achieve the goal.
X. In divorce proceedings, what should I do if the other party refuses to perform the obligations in the conciliation statement/judgment?
If one party refuses to perform its due obligations, the other party can enforce it through the court. At present, the focus is on the implementation of the house payment, which often happens. One party doesn't want to take money, but doesn't want to take it. Therefore, it is necessary to use other means to put pressure on the performing party. For example, applying to the court to seal up his share of property and restrict him from exercising his rights will prompt the debtor to perform his debts. In addition, you can also apply to the court to enforce your salary income.
legal ground
Measures for the administration of lawyers' service fees
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
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.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Article 11 When a law firm handles a civil case involving property relations, if the client still asks for risk agency after learning the government-guided price, the risk agency fee may be implemented, 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.