The latest provisions on the charging standard of risk agent lawyers

Fees for risk agent lawyers: The fees for risk agent lawyers vary from place to place. Measures for lawyers' fees shall be formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council, but the fees vary from place to place. Risk agency is not allowed: marriage and inheritance cases; Requiring to enjoy social insurance benefits or minimum living security benefits; Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; Ask for payment of labor remuneration, etc. Taking Hainan Province as an example, the charging standard for risk lawyers: risk fees can be charged at the rate of 15%-40% of the creditor's rights and debts exempted by the client according to law; You can also charge a lawyer's service fee according to the agreed amount when reaching the agency or handling target agreed in the contract. According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time. 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. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.

The specific proportion should be determined by the parties and lawyers through consultation according to the difficulty of the case, the size and region of the subject matter and the different charging methods of the risk agent. The general principle is that risk is directly proportional to income, and risk agency charges should be implemented. The law firm shall sign a risk agency fee contract with the client, and stipulate the risk responsibility, fee method, fee 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.

Legal basis: Article 59 of the Lawyers Law of People's Republic of China (PRC) is formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council.