What are the advantages of hiring a lawyer in a lawsuit?
1. Lawyer is a national legal worker who has obtained the legal professional qualification through the national judicial examination. Entrusting a lawyer can make up for my lack of legal knowledge;
2, lawyers are eligible to go to the court to consult the case file materials, to understand the case;
3, lawyers to participate in litigation, can hold a letter of introduction from the law firm, the client's power of attorney to the relevant units and individuals to visit, investigate and collect evidence related to the case;
4. A lawyer can state the facts and reasons of the case on behalf of the client in court, and provide evidence and cross-examination around the litigation request. Lawyers can apply for evidence preservation, property preservation, postponement of trial and application for new witnesses to appear in court according to the needs of the case; In the stage of court debate, lawyers will use skilled legal knowledge and combine the facts found in the case to conduct court debates to effectively safeguard the legitimate rights and interests of clients;
5. When a lawyer participates in the litigation and finds that the trend of the case deviates from the legal procedure, the lawyer can put forward corrective opinions in time. The legality of the trial procedure is the premise and basis for protecting the legitimate rights and interests of the client;
6. Lawyers can reach a settlement outside the case.
In real life, if a lawyer can't win the lawsuit, he still needs to pay the lawyer's fee according to the entrustment contract signed by both parties, but both parties must have no agreed risk agent. If the risk agent has been determined, it means that after the lawsuit is lost, the lawyer needs to bear the legal consequences of losing the case and does not need to pay the lawyer's fee.
To sum up, there are generally no such lawyers. If you don't win the lawsuit, you don't charge, which means risk agency. The general understanding is that you pay the lawyer's fee after winning the case. Risk agency refers to the special entrusted litigation agent between the entrusted agent and the parties. The customer does not pay the agency fee in advance. After the execution of the case, the client pays a certain proportion of the creditor's rights that have been executed in place to the agent. If the case is lost or the execution fails, the agent will not get any return; Once the creditor's rights are executed in place, the agent will pay the agent according to the agreed high proportion, which has certain risks for both parties, so it is called risk agency.
Legal basis:
Eleventh "measures for the administration of lawyers' service charges"
When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, the risk agency fee may be implemented, except for the following cases: marriage and 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; Ask for payment of labor remuneration, etc.
Article 12
It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 13
To implement the risk agency fee, 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.