The "Administrative Measures for Lawyer Service Fees" jointly issued by the National Development and Reform Commission and the Ministry of Justice officially confirmed that contingency fees are a method of lawyer fees and confirmed the legality of contingency fees. How much is the legal fee for contingency agency? According to Article 13 of the "Administrative Measures for Lawyer Service Fees" jointly issued by the National Development and Reform Commission and the Ministry of Justice: "To implement contingency agency fees, the law firm shall sign a contingency agency fee contract with the client, agreeing that both parties shall Risk responsibilities, charging methods, charging amounts or proportions. When implementing risk agency charging, the charging amount shall not exceed 30% of the amount agreed in the charging contract. "Risk agency cases vary from case to case, and there is no unified standard within the scope of charging authority. The case fee is determined based on the difficulty and cause of the case. If it is necessary to determine a contingency fee standard, our fee standard is 5% ~ 30% of the subject matter of the case. When are the risk agency’s attorney fees paid? Answer: We charge attorney fees in advance and then settle the case based on the outcome of the case. After the entrustment contract is signed, the parties and the law firm shall advance the lawyer's fees according to the agreed period. If the client fails to pay or fails to pay the lawyer's fees in full, the law firm may terminate the entrustment contract or suspend the agency work, and the resulting losses (such as the statute of limitations for litigation) shall be borne by the parties. Can I pay after winning the lawsuit or obtaining execution money? Can I not pay attorney fees in advance? If the party requires payment after winning the lawsuit, or payment after receipt of execution money, attorney fees can also be paid afterwards if the following conditions are met. In order to avoid moral hazard, if the payment is made after the fact, the litigants or arbitration applicants must sign a "Power of Attorney for Collection of Execution Payments" and a lawyer will collect the execution payment from the court on their behalf, and the attorney's fees will be directly deducted from the execution payment. As a defendant in a lawsuit or a respondent in an arbitration, we do not accept entrustment of subsequent payment. In addition, compared with the payment method of prepaid legal fees, the legal fees of post-paid contingency agency are higher. How much attorney's fees can be refunded if the case is lost? All or part of it will be subject to the judgment in the contingency agency model. The details of the refund of the risk portion of the agency fee are as follows: a. If all the litigation claims are supported by the court or the arbitration committee, the attorney fees collected in advance will not be refunded, and an invoice will be collected; b. Some of the litigation claims are supported, and the other part of the litigation claims are rejected by the court , that is, if the lawsuit is partially won, attorney fees will be charged in proportion to the win, and the remaining attorney fees collected in advance will be returned to the parties; c. If all claims are rejected, all attorney fees received in advance will be refunded. Note: The above-mentioned claims refer to claims of a property nature, such as claims for 50,000 yuan, return of 300,000 yuan, etc., and do not refer to incalculable claims such as apology and repair damages. To whom is the risk agent's advance paid? The risk agent's advance payment is paid to Shanghai Yinhui Law Firm, and the parties can pay by cash payment, cashier's check, check, online banking transfer, etc. The bank where the law firm opened an account is Shanghai Pudong Development Bank. If payment is required to other banks, this should be agreed in the contract. If payment is made through bank cashier's check, check, or online banking, the parties concerned shall keep the payment voucher by themselves. If you pay in cash, you should ask the handling lawyer for a "receipt" issued by the firm and stamped with the firm's financial seal. After the case is processed, an invoice will be issued. In the invoice for a contingency agent case, there is uncertainty as to when the contingency agent's legal fees will be issued. In some cases, if they lose the case, some or all of the legal fees will need to be refunded, and the refunded portion will not be part of the firm's business income. Therefore, a receipt is issued for prepaid legal fees. After the firm closes the case and files it, it will issue an invoice based on the actual attorney fees collected, and the parties need to hand over receipts. Can you pay the legal fees, preservation fees and arbitration fees? Litigation fees and preservation fees are fees charged by the court and borne by the plaintiff/appellant in advance. Similarly, the arbitration fees in commercial arbitration are borne by the applicant first, and are ultimately borne by the losing party based on the judgment or ruling (in most cases) or shared in proportion to the property received (such as property division cases, inheritance cases, and demolition cases). Few lawyers or law firms are willing to prepay litigation fees, which is more common in traffic accident personal injury compensation cases. Considering this type of case, the motor vehicle has purchased third-party liability insurance, and there is no suspense about the outcome of the claim. In the case of upfront fees, risk agents tend to have high commission rates. For the above types of unsuspicious cases, we can also pay the legal fees. However, for other cases, litigation fees, preservation fees, and arbitration fees will not be paid in advance. Hope it can help you solve related problems. If you have any questions, please feel free to consult a lawyer on this website.