If the case is lost or the execution fails, the agent will not get any return; If the creditor's rights are executed in place, the client will pay the agent in accordance with the agreed high proportion, which has certain risks for both parties, so it is called risk agency. It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
To implement the risk agency fee, 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. A law firm shall strictly implement the measures and standards for the management of lawyer service charges formulated by the competent price department in conjunction with the judicial administrative department at the same level. It can be seen that the case you are talking about is a criminal case, and risk agency cannot be applied. Due to the particularity of risk agency, even if you can apply for risk agency cases, you should charge fees in accordance with the above provisions.
Problems needing attention in implementing risk agency
1, we must follow the principles of openness, fairness, voluntary compensation, honesty and credibility.
That is, the law firm should first inform the client of the government-guided price for lawyers to charge agency fees, and only when the client still asks for risk agency fees after being informed of the government-guided price can the law firm implement risk agency fees, that is, whether to implement risk agency fees should be selected and decided by the client; Law firms can't hide things from their clients in order to get high returns.
2. Risk agency fees are not allowed in the following eight cases: 1, marriage inheritance cases; 2, request to give social insurance benefits or minimum living allowance; 3. Requesting to pay alimony, alimony, alimony, pension, relief fund and industrial injury compensation; 4. Requesting payment of labor remuneration; 5. Criminal cases; 6. Administrative litigation cases; 7. State compensation cases; 8. Class action cases.
3, the implementation of risk agency fees shall not exceed a certain amount, that is, the maximum fee shall not be higher than 30% of the amount agreed in the fee contract, and it is illegal to charge risk agency fees beyond the standard. Article 40 of the Lawyers Law of People's Republic of China (PRC) stipulates that lawyers shall not seek disputed rights and interests for their clients by providing legal services in their practice. Generally, the risk agency fee is charged according to the target amount finally realized by the parties through the agent's agency activities, which comes from other parties. Charging excessive risk agency fees is actually an act of "taking advantage of the convenience of providing legal services to seek the disputed rights and interests of the parties". In the above case, one of the reasons why a law firm's request for paying high agency fees was not fully supported was that it included alimony in the subject matter of risk agency fees, but in fact it was forbidden to implement risk agency fees for alimony.
Legal basis:
Measures for the administration of lawyers' service fees
Article 11, Article 12, and Article 13, paragraph 2, respectively stipulate: "In handling civil cases involving property relations, if the client still asks for risk agency after learning the government guidance price, the law firm may charge for risk agency, except for the following cases: (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 industrial injury compensation; (4) requesting payment of labor remuneration.
It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Note: To implement the risk agency fee, the law firm should 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.