How to define situations where risks cannot be represented? Risk agency is quite special for law firms, because in fact, when law firms accept current related cases from clients, they charge fees acc

How to define situations where risks cannot be represented? Risk agency is quite special for law firms, because in fact, when law firms accept current related cases from clients, they charge fees according to different standards. One of them is that law firms must use corresponding methods to win lawsuits. Only after winning the case will the parties pay corresponding fees, but in order to achieve this winning result, the fees paid by the parties are very high. So, how are the circumstances under which risk agency is not allowed determined? First, how to define the circumstances in which risk agency is not allowed? Articles 11, 12, and 13, paragraph 2, of the "Measures for the Administration of Lawyer Service Fees" respectively stipulate: "In handling civil cases involving property relations, the client still requests risk agency after learning the government's guidance price. , law firms may charge contingency fees, except for the following circumstances: (1) marriage and inheritance cases; (2) requests for social insurance benefits or minimum living security benefits; (3) requests for payment of alimony, support, and child support , pensions, relief funds and work-related injury compensation; (4) Requesting payment of labor remuneration. It is prohibited to carry out contingency agency fees in criminal litigation cases, administrative litigation cases, state compensation cases, and group litigation cases. Note: Contingency agency fees are implemented. The law firm should sign a contingency fee contract with the client to agree on the risk responsibilities, charging methods, fee amounts or proportions that both parties should bear. 2. The following three aspects should be paid attention to when implementing contingency agency: First, it must be open, fair, and voluntary and paid. , the principle of good faith, that is, the law firm should first inform the client of the government's guideline price for charging attorney fees. Only if the client still requests to collect the contingency fee after being informed of the government guideline price, the law firm can implement the risk. Agency fees, that is, whether to implement contingency fees, should be chosen and decided by the client; law firms cannot conceal things from clients in order to obtain high returns. 2. The following eight types of cases are not allowed to carry out contingency fees: 1. Marriage and inheritance cases; 2. Requesting for social insurance benefits or minimum living security benefits; 3. Requesting for the payment of alimony, support, alimony, pensions, relief funds, and work-related injury compensation; 4. Requesting for the payment of labor remuneration; 5. Criminal proceedings Cases; 6. Administrative litigation cases; 7. State compensation cases; 8. Group litigation cases. Third, the execution contingency fee shall not exceed a certain amount, that is, the maximum shall not be higher than 30% of the amount agreed in the fee contract. If the contingency fee exceeds the standard, the contingency fee shall not exceed a certain amount. Fees are illegal. Article 40 of the "Lawyers Law of the People's Republic of China" stipulates that lawyers shall not use the provision of legal services to obtain disputed rights and interests for the client, generally based on the subject matter ultimately realized by the client through the agent's agency activities. Charging contingency fees from other parties is actually an act of "taking advantage of the convenience of providing legal services to obtain the parties' disputed rights." In the above case, a law firm One of the reasons why the requirement to pay high agency fees is not fully supported is that alimony is included in the scope of the subject matter of contingency fees, but the implementation of contingency fees for alimony is actually prohibited in my country's unified management measures for lawyer service fees. , there are very clear regulations for cases where risk representation is not allowed, such as the simplest and most common matrimonial litigation, or asking a lawyer to help obtain subsistence allowances and alimony, and employees asking lawyers to help claim labor remuneration, etc. Lawyers must charge according to the usual standards. Execution means that the client has to pay the law firm at the beginning. Of course, the charging standard cannot be based on the maximum amount.