in practice, lawyers handle and contact with the risk agent cases, risk agent from the broad category, there are two kinds of fees:
1, semi-risk agent mode
in the contract of the lawyer's fee is divided into two parts, the basic agent fee + risk agent fee.
The basic fee is paid after the signing of the contract, and regardless of the outcome of the case, this part is not refundable.
And the risk agent part is agreed to a certain percentage or standard, combined with the results of the case, pay the risk agent fee;
2, full-risk agent mode
Contracts in all the agency fees are linked to the results, all of which are a certain percentage or standard, combined with the results of the case to determine the agency fee payable.
Whether it is a semi-risk agency model of risk agency part or full-risk agency model, the two sides depending on the needs of the case can also be agreed that the parties to pay a part or all of the risk of the agency fee in advance, and finally according to the results of the case more than the refund less make up.
The need for special note is that the risk of risk agent in the lawyer's risk refers to the lawyer to pay the labor risk of not being able to get the corresponding compensation. But in the process of the court and other third-party litigation fees, security fees and other costs or attorneys in the process of the case of travel and other case expenses, and does not belong to the scope of the risk agent.
The court and other third parties to collect litigation-related costs, whether or not to hire a lawyer to represent, will be incurred. And travel expenses incurred by lawyers in the course of handling the case, if the lawyer does not represent, the parties themselves to deal with the same will also be incurred. These costs are paid by the parties according to the actual incidence of the situation, not in the attorney's risk representation fee range.
Also, linked to the outcome of the case may refer to the outcome of the case judgment, may also refer to the outcome of the execution of the case after the judgment. Which result is linked to, need to be clarified by both parties in the agency contract.
Risk agent is as follows:
Risk agent is a special entrusted litigation agent between the commissioning agent and the parties, the commissioner does not pre-pay the agent fee or pay a small amount of agency fees, after the end of the implementation of the case, the commissioner in accordance with the implementation of a certain percentage of the amount of money paid to the agent as remuneration (the specific proportion agreed upon in advance).
If the case is not lost or the implementation of the case can not lead to not be paid, the agent will not get any return; litigation purposes, the agent to obtain remuneration is generally higher than the ordinary piecework or the subject matter of the agreed fee, the agent will be paid in accordance with the agreed high percentage of the agent, the two sides have a certain degree of risk, so that it is called the risk of the agent.
Summary, the way the lawyer charge service fee and the amount, according to different types of cases, different amount is different, generally divided into piecework fee, according to the subject matter of the fee and the length of payment and so on, criminal cases, there is also the form of the agent by stage fee.
Legal basis:
"Lawyer service charges management measures" article 11
Civil cases involving property relations, the client is informed of the government guide price still require the implementation of risk agency, law firms can implement risk agency fees, but the following circumstances:
(a) marriage, inheritance cases;
( (B) the request for social insurance or minimum subsistence allowance;
(C) the request for alimony, maintenance, support, pension, relief, compensation for work-related injuries;
(D) the request for payment of labor compensation.
Article 12
Prohibits the imposition of fees for risky representation in criminal litigation cases, administrative litigation cases, state compensation cases, and mass litigation cases.
Article 13
The implementation of risk agency fees, law firms shall sign a risk agency fee contract with the client, agreeing on the two sides shall bear the risk of responsibility, fee, fee amount or ratio.
The implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the subject matter of the fee contract.