What is the charging standard for some risk agents of lawyers?
1. How do some lawyers' risk agency fees stipulated in 13 be based on Article 13 of the Measures for the Administration of Lawyers' Service Fees jointly issued by the National Development and Reform Commission and the Ministry of Justice: "If risk agency fees are implemented, the law firm shall sign a risk agency fee contract with the client, stipulating the risk responsibility, fee method, fee amount or proportion that both parties should bear. The implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the amount agreed in the fee contract. " Risk agency cases vary from case to case, and there is no uniform standard within the scope of charging authority. The case fee is determined according to the difficulty and cause of the case. If it is necessary to determine a risk agency fee standard, our fee standard is 5% ~ 30% of the subject matter of the case. 2. When will the lawyer's fee of the risk agency be paid? Generally, it is a way to collect legal fees in advance and settle accounts according to the results of the case. After the signing of the entrustment contract, the parties and the law firm shall pay the lawyer's fees in advance according to the agreed time limit. If the client fails to pay or fails to pay the lawyer's fees in full, the law firm may terminate the entrustment contract or suspend the agency work, and the losses caused thereby (such as exceeding the limitation of action) shall be borne by the parties. 3. Can the payment be made after winning the case or obtaining the execution payment? Can I not pay the lawyer's fee in advance? If the parties request to pay after winning the case, or pay after receiving the execution money, they may also pay the lawyer's fees afterwards if the following conditions are met. In order to avoid moral hazard, if the payment is made afterwards, the litigant or the arbitration applicant must sign the Power of Attorney for Collection of Execution Payment, and the lawyer will collect the execution payment from the court on his behalf, and the lawyer's fee will be deducted directly from the execution payment. As the defendant in litigation or the respondent in arbitration, we don't accept the entrustment of payment afterwards. In addition, compared with the payment method of prepaid lawyer fees, the risk agency method of post-payment has higher lawyer fees. 4. How much legal fees can be refunded if you lose the case, all or part? Under the risk agency mode subject to the judgment result, the agency fee for the risk part is refunded as follows: a. If all litigation requests are supported by the court or the arbitration commission, the lawyer's fees received in advance will not be refunded and invoices will be collected; B, part of the claim is supported, and the other part of the claim is rejected by the court, that is, part of the claim is won, and the lawyer's fee is charged according to the winning proportion, and the remaining lawyer's fee received in advance is returned to the parties; C. If all claims are rejected, all attorney fees received in advance will be refunded. Note: The above-mentioned creditor's rights refer to the creditor's rights of property nature, such as claiming 50,000 yuan and returning 300,000 yuan, and do not refer to the uncountable creditor's rights such as apology and repair damages. 5. Who will the advance payment of the risk agent be paid to? The risk agent pays the advance payment to Shanghai Yin Hui Law Firm, and the parties can pay by cash payment, promissory note, check, online banking transfer, etc. The bank where the law firm opens an account is Shanghai Pudong Development Bank. If it needs to be paid to other banks, it should be agreed in the contract. If payment is made by cashier's check, cheque or online bank, the parties concerned shall keep their own payment vouchers. If the payment is made in cash, it shall ask the undertaking lawyer for the "receipt of payment" issued by the firm and affix the financial seal of the firm. After the case is handled, an invoice will be issued. 6. When will the risk agency invoice be issued? The legal fees of risk agents are uncertain. If some cases are lost, part or all of them need to be returned, and the returned part is not the operating income of the firm. Therefore, the prepaid attorney fees are all invoiced, and the actual attorney fees are invoiced after the firm closes the case and files, and the parties need to return the receipt. The above full text is about how to stipulate the charging standard of some risk agents for lawyers. The parties who need to find an attorney can refer to the above charging standards. Of course, if you are the plaintiff and drop the lawsuit, you don't have to pay the lawyer's fee, and the fees of risk agents vary from place to place.