Is the lawyer's fee full risk or half risk?

At present, the lawyer's fees in civil and commercial cases are divided into three modes, namely, full-risk agency, semi-risk agency and fixed fee mode. I try to talk about the three charging modes from the perspective of Chinese lawyers, and make suggestions on how to choose the charging mode for lawyers according to different situations. 1. All-insurance agent: All-insurance agent is charged within 65,438+08% of the payment amount. Our lawyer does not charge the lawyer's fee in the early stage, and will charge it in proportion to the payment amount in the later stage. There are three advantages to adopting the mode of all-insurance agency: one is to reduce the economic pressure of clients, the other is to dispel the concerns of clients, and the third is to mobilize the enthusiasm of lawyers. Because the amount of property in each case is different, the degree of difficulty is different, and the location is different. Therefore, the charging standards for different enforcement cases are different. The less difficult the case, the greater the amount of property and the lower the agency fee. Generally, the charge range of full agency is within 18% of the execution amount. The way of all-insurance agency has a high proportion of late payment fees, which is more suitable for the situation that the parties are currently in financial difficulties, the parties think it is difficult to find property, and the implementation stage has ended. Affected by the economic situation, more and more customers tend to pay their lawyers' fees after paying back the money. The second is a semi-risk agent, who pays a part of the lawyer's fees in the early stage and charges a certain percentage of the fees according to the amount of execution in the later stage, which is lower than that of a full-risk agent. Generally, the final fee charged by a semi-risk agent will be less than that of a full-risk agent 10%, which can reduce the final expenditure of the client. Some customers know each other's property clues, but feel that they can't be completely sure, and they will adopt this method when there are certain risks. In practice, the proportion of customers who choose full-risk agents and fixed fees will be greater. If they choose a semi-risk agent, lawyers need to reduce the advance fee. The third is the fixed fee model, which charges a fixed fee in advance according to the amount of property in the case. As the name implies, regardless of whether the case is executed in place or not, lawyers will charge a fixed lawyer fee after signing the contract. The advantage of the fixed fee is that the lawyer's refund ratio will not be paid after the payment is implemented, and the total expenditure will be less. The shortcomings are also obvious. Even if the case is not executed, you still have to pay the lawyer's fee. Therefore, the fixed fee model is more suitable for situations where the other party clearly knows what property the other party has or the other party has the obligation to perform, such as mortgage disputes, and the other party is a big company with a very good reputation. And it is very suitable for the fixed fee model regardless of implementation. Personally, I also prefer risk agency in economic disputes. Clients always want to pay for the purpose of hiring lawyers. If the payment is not executed, the lawyer's fee will be posted. Even if you win, there will definitely be a gap in your heart. The lower moral limit of lawyers is more or less higher than that of ordinary people. Therefore, I often take the initiative to provide all-risk agents. Of course, first of all, we should refer to the case, analyze the case, and have the possibility of implementation. The author of this article, Xu Shirong, is a lawyer and now works in Deheng Law Firm. I have worked in the executive board of a court in the Pearl River Delta for many years and handled more than 0/000 court enforcement cases/kloc-0. He has rich judicial experience, especially in enforcement cases, intellectual property cases and criminal cases.