1, risk agency can enhance lawyers' sense of responsibility;
2, the implementation of risk agency is conducive to safeguarding the legitimate rights and interests of the parties;
3. Conducive to the improvement of lawyers' professional quality;
4. It is conducive to lowering the agency threshold.
If the risk agency is not popularized, the high threshold of agency will surely make a large part of the parties to the case wander outside the law firm, which will make the fairness of many cases in doubt without the participation of lawyers, and at the same time, because of the lack of lawyers in many cases, the popularization of legal knowledge cannot be carried out to the maximum extent. The process of lawyers' involvement in cases is actually a process of popularizing law.
Second, but the shortcomings are also obvious:
1, legal services are different from general market activities, and a lawyer's level cannot be measured simply by whether he wins a lawsuit.
If the client only regards winning or losing as a hero, and the lawyer regards winning or not as a prerequisite for both parties to accept the case, it means that the lawyer only accepts the winning case and grasps the big case, while no one accepts the difficult case. This is bound to cause another kind of unfairness. Professional ethics requirements of lawyers: all parties should have equal access to legal services provided by lawyers.
2, one-sided pursuit of winning, it is easy to distort the role of lawyers.
Winning or losing, winning or losing, is essentially the legal distribution of rights and obligations, and they are dialectical and complementary. The other half of winning is losing, and the other half of winning is losing. The true meaning of judicial justice should be: let the winning party win the case and let the undeserving party lose the case. Lawyers can't only represent the winning party, so that the party with facts, evidence and reasons at a disadvantage can't get lawyer services and legal help, which will undoubtedly deviate from lawyers' professional ethics. In this respect, lawyers are different from doctors: doctors deal with natural phenomena, doctors cure a patient and pull a patient back from the death line, which will never hinder or infringe on the interests of others; Lawyers should deal with social phenomena, not social relations. The so-called social relations, from the legal point of view, are the rights and obligations between people. If the party who should not win the case wins, it means that the person who should win the case on the other side loses, and its objective effect will inevitably hinder judicial justice.
Therefore, risk agency is not suitable for all cases, and whether to adopt risk agency should be considered comprehensively according to the specific circumstances of specific cases, so as to make the litigation result and social effect win-win.
Legal basis: Article 13 of the Measures for the Administration of Lawyers' Service Fees implements the risk agency fee, and the law firm shall sign a risk agency fee contract with the client, stipulating 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.