This charging method belongs to risk agency, which refers to a special entrusted litigation agent between the entrusted agent and the parties.
If the client does not pay the agency fee in advance, after the case is executed, the client will pay a certain proportion of the creditor's rights executed in place to the agent as a reward. 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.
Compared with the traditional agency system, risk agency mainly has the following differences:
First, the objects of risk agency are mostly difficult and complicated, especially cases that are difficult to implement, otherwise the client will not agree to risk agency.
Second, the agency result is closely related to the lawyer's remuneration and investment recovery, that is, the lawyer should not only bear the risk of not receiving the agency fee, but also bear the risk of investment loss. This urges lawyers to strengthen their sense of responsibility.
Third, the agreed fee ratio is relatively high, which is more attractive to lawyers.
Fourth, the client has a high degree of trust in the lawyer, and the lawyer has greater authority to dispose of the substantive rights and interests of the case.
legal ground
Measures for the administration of lawyers' service fees
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level. Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs. 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.