If it is a general agency, the attorney fees have been collected before the case is filed, and they will not be refunded regardless of winning or losing.
Risk agency refers to a special kind of entrusted litigation agency between the entrusting agent and the parties. The client does not pay agency fees in advance. After the execution of the case, the client will pay a certain proportion of the executed claims to the agent as remuneration. If the lawsuit is lost or the execution fails, the agent will not get any return; if the creditor's rights are fully implemented, the principal will pay the agent according to the agreed high ratio, which poses certain risks to both parties, so it is called a risk agency.
Classification:
Risk agents are divided into partial risk agents and comprehensive risk agents.
Partial risk agency: After paying a certain basic legal fee in advance, the legal fee will be paid in proportion to the result, which is lower than the above-mentioned full risk agency.
Full-risk agency: This needs to be determined through consultation with a lawyer based on the specific circumstances of the case. Generally, the fee will be charged proportionally based on the outcome of the case, generally not exceeding 30% of the contract amount.
Legal basis:
Measures of the People's Republic of China on the Administration of Lawyer Service Fees
Article 11 When a law firm handles civil cases involving property relations, the client shall If you still require contingency agency after being informed of the government’s guidance price, 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 security benefits;
(3) Requesting for the payment of alimony, support, support, pensions, relief funds and work-related injury compensation;
(4) Request for payment of labor remuneration, etc.
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.
The maximum contingency fee shall not be higher than 30% of the target amount agreed in the fee contract.