What are the charging methods and charging standards for lawyers' risk agency?
First, the risk agency fee.
Judging from the risk agency cases handled and contacted by lawyers in practice, risk agencies can be divided into two types:
1, semi-risk agent mode
In the agency contract, the lawyer's agency fee is divided into two parts, basic agency fee+risk agency fee.
Part of the basic agency fee is paid after signing the contract, and this part will not be refunded regardless of the outcome of the case.
In the risk agency part, it is agreed to pay a certain proportion or standard risk agency fee, combined with the case handling results.
2. All-risk agency mode
All the agency fees in the contract are linked to the results, which are determined according to a certain proportion or standard and combined with the results of handling cases.
Whether it is the risk agency part of the semi-risk agency model or the risk agency part of the full-risk agency model, both parties can agree that the parties should pay part or all of the risk agency fees in advance according to the needs of the case, and finally refund more and make up less according to the results of the case.
In particular, the risk of a risk agent lawyer refers to the risk that the lawyer's work will not be paid. However, the fees charged by the court and other third parties for handling cases, such as legal fees and preservation fees, or the fees incurred by lawyers in handling cases are not within the scope of risk agency.
It will happen regardless of whether the court and other third parties charge fees related to litigation. Travel expenses incurred by lawyers in handling cases will also occur if lawyers do not represent them. These fees are paid by the parties according to the actual situation and do not belong to the scope of lawyer's risk agency fees.
Also, linking with the case result can refer to the judgment result of the case or the execution result after the judgment of the case. What kind of results are linked to, both parties need to be clear in the agency contract.
Second, the risk agency fee.
According to Article 13 of the Measures for the Administration of Lawyers' Service Fees issued by the Ministry of Justice, the maximum risk agency fee shall not be higher than 30% of the amount agreed in the fee contract.
The specific proportion shall be determined by the parties and lawyers through consultation according to the difficulty of the case, the size and region of the subject matter and the different charging methods of the risk agent. The general principle is that risk is proportional to income:
The proportion of charges for more difficult cases is higher than that for less difficult cases;
The proportion of charges for cases with small bid amount is higher than that for cases with large bid amount;
The proportion of charges for foreign cases is higher than that for local cases;
The total risk model has a higher cost ratio than the semi-risk model;
In the semi-risk model, the proportion of low basic agency fees is higher than that of high ones;
The proportion of ex post payment is higher than that of ex post payment.
The proportion of fees linked to the execution result is higher than that linked to the judgment result only;
In addition, lawyers should also pay attention to the fact that after the risk agency law wins the case, the lawyers' fees paid by the parties are much higher than those paid by the fixed fee law. In order to avoid disputes, lawyers should first inform the parties about the standard of fixed fees for them to choose from, and fully prompt the relevant risks. This is very important.
Three. Prohibited or unsuitable for risk agency.
Not all cases are suitable for risk agents, and not all cases can use risk agents. According to the provisions of the Measures for the Administration of Lawyers' Service Fees in Beijing, it is forbidden to take the form of risk agency in the following circumstances:
1, as the defender of criminal suspects and defendants in criminal cases, as well as the agent of private prosecutors and victims in criminal cases.
2. Acting as an agent for civil and administrative litigation in which citizens request to pay labor remuneration, industrial injury compensation, alimony, maintenance, pension and relief, social insurance or minimum living allowance, and acting as an agent for group litigation cases involving public interests such as safety accidents, environmental pollution, compensation for land acquisition and demolition (compensation).
3. Cases in which citizens claim state compensation on behalf of citizens.
Regarding the scope of this prohibition of risk agency, the charging methods formulated in various places are similar, because they are all formulated according to the laws and regulations of higher authorities.
Special note: According to the Measures for the Administration of Lawyers' Service Charges issued by the Ministry of Justice in 2006, the risk agency method cannot be used in the case of "marriage inheritance", but the Measures for the Administration of Lawyers' Service Charges issued by Beijing on 20 16 does not stipulate that the risk agency method cannot be used in the case of "marriage inheritance". This is because in the Notice of the National Development and Reform Commission on Liberating Some Service Prices issued by the National Development and Reform Commission on 20 14, the scope of mandatory government-guided prices for lawyer services does not include "marriage inheritance" cases. In other words, according to the latest regulations, "marriage and inheritance" cases can take the form of risk agency.
Of course, in cases that are not prohibited, the parties may not all want to use risk agency, and the lawyers may not all accept it if the parties want to use risk agency.
For the parties, only when the risk of the case reaches a certain value, the parties are willing to adopt the way of risk agency.
For lawyers, risk agency is usually suitable for some large-scale litigation or non-litigation cases involving a certain amount of property, such as "contract dispute" and "debt dispute collection". If the subject matter of the case is very small, even according to the highest standard of 30%, lawyers will not get much lawyer's fees, and lawyers are certainly unwilling to represent them. If the lawyer thinks that there is obviously no chance of winning the case, it is too likely to be busy in vain, and the lawyer is unwilling to accept it without income.
In a word, the risk agency model belongs to the market price adjustment model, which mainly depends on the consideration and negotiation of both parties from their own interests.
The above knowledge is Bian Xiao's answer to the lawyer's "risk agency" charging method and charging standard. If you need legal help, readers are welcome to seek legal advice.