In addition to the above fees, there are also specialized risk agencies. General risk agencies only charge fees in the early stage, and charge a certain proportion of the target amount after judgment or execution, which generally does not exceed 30%.
I. What are the risk factors?
Risk agency refers to a special entrusted litigation agency between the principal and the parties. The client does not pay the agency fee in advance or pay a small amount of agency fee. After the execution of the case, the client pays the agent a certain proportion of the money after the execution (the specific proportion is agreed in advance).
If the case is lost or execution cannot lead to no compensation, the agent will not get any return; In order to achieve the purpose of litigation, the agent is generally paid more than the ordinary piece-rate or agreed fee, and 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.
Second, the specific charges of risk agents
There are fewer risk agents in general civil cases and more risk agents in commercial fields. The standard of general risk agency fee is about 3,000-6,000 in the early stage, and 10%-20% of the judgment amount after judgment, with the highest proportion not exceeding 30%.
Reference legal basis:
Measures for the administration of lawyers' service fees
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.
Article 12 It is forbidden to implement risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Thirteenth risk agency fees, 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.
Third, the situation of paying for a lawyer first or paying in advance.
1. Lawyers charge first: general agent.
In the legal profession, it is common to pay legal fees first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with a lawyer, the general parties need to pay the fee first. However, it should be noted that if the fees charged by lawyers for representing cases are in stages, the fees charged by first instance, second instance and execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of fees first: semi-risk agency.
Although the service is paid first in principle, in some cases, the parties may have financial difficulties or other circumstances, and they can negotiate with the law firm or lawyer to pay part first, and then pay the rest after the implementation is in place.
3. Attorney's fee after closing the case: risk agent.
Risk agency, as its name implies, is a charging model for lawyers and clients to bear certain risks. This kind of risk agent will charge a higher fee, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it should not be too high. Under normal circumstances, the maximum charge amount shall not be higher than 30% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
Tips: In the actual legal problem scenario, the details of the case are different. In order to solve your problems accurately and quickly and protect your legitimate rights and interests, I suggest you click the button below to explain to a professional lawyer in detail and solve your actual problems one by one.