Under what circumstances can't you be a risk agent in marriage inheritance cases; Requiring to enjoy social insurance benefits or minimum living security benefits; Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; Cases requesting payment of labor remuneration. Risk agency refers to a special entrusted litigation agency 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. Article 11, Article 12 and Article 13, paragraph 2, of the Measures for the Administration of Lawyers' Service Fees respectively stipulate: "If the client still asks for risk agency after learning the government guidance price in handling civil cases involving property relations, the law firm may charge for risk agency, 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, maintenance, nursing, pension, relief fund and compensation for work-related injuries; (4) requesting payment of labor remuneration. It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases. Note: To implement the risk agency fee, the law firm should 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. To carry out risk agency, we should pay attention to the following three aspects: First, we should follow the principles of openness, fairness, voluntary compensation, honesty and credit. That is, the law firm should first inform the client of the government-guided price for lawyers to charge agency fees, and only when the client still asks for risk agency fees after being informed of the government-guided price can the law firm implement risk agency fees, that is, whether to implement risk agency fees should be selected and decided by the client; Law firms can't hide things from their clients in order to get high returns. 2. Risk agency fees are not allowed for the following eight types of cases: 1, marriage inheritance cases; 2, request to give social insurance benefits or minimum living allowance; 3. Requesting to pay alimony, alimony, alimony, pension, relief fund and industrial injury compensation; 4. Requesting payment of labor remuneration; 5. Criminal cases; 6. Administrative litigation cases; 7. State compensation cases; 8. Class action cases. Third, the execution risk agency fee shall not exceed a certain amount, that is, the maximum amount shall not be higher than 30% of the amount agreed in the charging contract. It is illegal to charge the risk agency fee beyond the standard. Article 40 of the Lawyers Law of People's Republic of China (PRC) stipulates that lawyers shall not seek disputed rights and interests for their clients by providing legal services in their practice. Generally, the risk agency fee is charged according to the target amount finally realized by the parties through the agent's agency activities, which comes from other parties. Charging excessive risk agency fees is actually an act of "taking advantage of the convenience of providing legal services to seek the disputed rights and interests of the parties". In the above case, one of the reasons why a law firm's request for paying high agency fees was not fully supported was that it included alimony in the subject matter of risk agency fees, but in fact it was forbidden to implement risk agency fees for alimony. If you need legal help, readers are welcome to consult, and a professional team of lawyers will answer your questions in time, so that you can safeguard your rights and interests in time.
Legal objectivity:
First, the meaning of risk agency risk agency, the popular understanding is to win the lawsuit and pay the lawyer's agency fee. Risk agency refers to a special entrusted litigation agency 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. Risk agents are divided into partial risk agents and total risk agents: after paying a certain amount of basic legal fees in advance, the legal fees will be paid in proportion according to the results, which is lower than all the above risk agents. All-insurance agent: it needs to be determined through consultation with lawyers according to the specific circumstances of the case. Generally, it will be charged in proportion according to the results of the case, generally not exceeding 30% of the contract amount. 2. Which cases cannot be represented by law firms? When a law firm handles civil cases involving property relations in accordance with Article 11 of the Measures for the Administration of Lawyers' Service Fees, if the client still asks for risk agency after being informed of the government-guided price, it may charge risk agency fees, except for the following circumstances: (2) asking for 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. In our life, for example, in the process of demolition or private operation, we need to appeal in case of compulsory execution or unreasonable handling, and we can't identify legal knowledge ourselves. We need to consult a professional lawyer. It is a common civil case that all cases cannot be represented by risk, especially marriage or will. How do we deal with these situations? Consult a professional lawyer specifically.