How to be a good lawyer in risk litigation

Risk litigation refers to a method of paying fees through negotiation when lawyers or legal workers are entrusted by the parties to provide relevant litigation services to the parties. The main risk is that they do not pay all or only part of the agency fee when collecting fees, and obtain a commission from the litigation object when the purpose of the litigation proposed by the party is achieved.

Legal Analysis

According to the relevant provisions of the law, when lawyers or legal workers accept the entrustment of the parties and handle relevant litigation business activities with the parties, the parties often have certain opinions on the results. expectations, but accepting the entrustment of a lawyer or legal worker is not a sign of full or no fee for the purpose of achieving the litigant's purpose. Since agency activities are affected by many factors, there is a certain risk in any litigation, that is, it is possible that after the litigation, the parties' claims will not be satisfied as expected, and the agent will earn economic remuneration by maintaining a living through agency activities. Therefore, this method can be adopted when both parties believe that a certain matter has a certain risk of litigation. The parties may pay less attorney fees before litigation, or may believe that the risks of litigation are high. However, I wanted to try my luck. At this time, the agent also believes that there is little chance of winning the lawsuit, but if they are willing to accept the representation, the two parties can agree to only pay a part of the agency fee before the lawsuit. When the purpose of the claim is achieved, this part of the claim will be distributed according to the support ratio. This is the risk agent.

Legal Basis

Measures for the Management of Lawyer Service Fees

Article 11: When a law firm handles civil cases involving property relations, the client shall If risk agency is still required after the application, contingency agency fees may be implemented, except in the following circumstances:

(1) Marriage and inheritance cases;

(2) Request for social insurance benefits or minimum living standards To ensure benefits;

(3) To request the payment of alimony, support, alimony, pensions, relief funds and work-related injury compensation;

(4) To request the payment of labor remuneration wait.

Article 12 prohibits the implementation of contingency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.

Article 13: For contingency agency fees, the law firm shall sign a contingency agency fee contract with the client to stipulate the risk responsibilities, charging methods, charging amounts or proportions that both parties shall bear.