Is traffic accident risk agency illegal?

Legal analysis: Traffic accident risk agency is not illegal in many cases, but it is still illegal. It is illegal to carry out risk agency when criminal offences are involved.

The violations are as follows:

(1) Marriage and inheritance cases;

(2) Requesting 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.

Legal basis: Measures for the Administration of Lawyers' Service Fees

Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees. Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs.

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.

Article 16 When accepting entrustment, a law firm shall sign a contract with the client for charging lawyer services, or specify the charging terms in the entrustment contract. The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.

Article 11 of the Measures for the Administration of Lawyers' Fees, if the client still asks for risk agency after learning the government-guided price, the law firm may implement risk agency fees, 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, alimony, alimony, pension, relief fund and compensation for work-related injuries;

(4) Request for payment of labor remuneration, etc.