The content of lawyer's civil litigation agency is extremely rich, which can be classified differently from different angles and different standards. This paper is divided into general civil cases and economic litigation cases based on the main types of cases involved in agency work. Civil cases in a broad sense include economic litigation cases. The relative independence of economic litigation cases stems from the independence of economic law relative to civil law, but the applicable litigation procedure is still civil litigation procedure. Therefore, general civil cases represented by lawyers refer to civil cases other than economic litigation cases. Economic litigation cases refer to cases in which legal persons, legal persons and other organizations, legal persons and other organizations and citizens bring lawsuits to the people's courts for disputes over economic rights and interests, and the people's courts decide to accept them. It mainly includes: disputes over production, supply and sales contracts between enterprises; Disputes over infrastructure maintenance contracts; Contract dispute cases of scientific research achievements; Insurance, credit and environmental protection disputes. It can be seen that the main difference between these two types of cases lies in the different applicable substantive laws. Therefore, lawyers should pay attention to some characteristics different from ordinary civil cases when representing economic litigation cases. Economic litigation cases involve industries, agriculture, forestry, animal husbandry, fisheries, commerce, trade, transportation and other industries. , and generally have obvious professionalism, subject matter is relatively large, involving a wide range. Lawyers should not only have extensive knowledge, but also be good at handling and coordinating the interests of the state, enterprises and individuals and maintaining economic and social order. In addition, the subject of economic litigation cases is generally a legal person, and legal persons have strong ability to respond to lawsuits. Lawyers should fully listen to the opinions of the parties, coordinate their positions with the parties, and use negotiation and mediation in agency work to help solve disputes in a timely and effective manner and safeguard the economic interests of the parties.
Legal objectivity:
First, the meaning of risk agency risk agency, the popular understanding is to win the lawsuit and pay the lawyer's agency fee. Risk agency refers to a special entrusted litigation agency between the entrusted agent and the parties. If the client does not pay the agency fee in advance, after the case is executed, the client will pay a certain proportion of the creditor's rights executed in place to the agent as a reward. If the case is lost or the execution fails, the agent will not get any return; If the creditor's rights are executed in place, the client will pay the agent in accordance with the agreed high proportion, which has certain risks for both parties, so it is called risk agency. Risk agents are divided into partial risk agents and total risk agents: after paying a certain amount of basic legal fees in advance, the legal fees will be paid in proportion according to the results, which is lower than all the above risk agents. All-insurance agent: it needs to be determined through consultation with lawyers according to the specific circumstances of the case. Generally, it will be charged in proportion according to the results of the case, generally not exceeding 30% of the contract amount. 2. Which cases cannot be represented by law firms? When a law firm handles civil cases involving property relations in accordance with Article 11 of the Measures for the Administration of Lawyers' Service Fees, if the client still asks for risk agency after being informed of the government-guided price, it may charge risk agency fees, except for the following circumstances: (2) asking for 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. 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. In our life, for example, in the process of demolition or private operation, we need to appeal in case of compulsory execution or unreasonable handling, and we can't identify the legal knowledge ourselves. We need to consult a professional lawyer. It is a common civil case that all cases cannot be represented by risk, especially marriage or will. How do we deal with these situations? Consult a professional lawyer specifically.