Compared with the traditional agency system, risk agency mainly has the following differences:
1. The objects of risk agency are mostly difficult and complicated, especially cases with great difficulty in execution, otherwise the client will not agree to risk agency;
2. The agency result is closely related to the lawyer's remuneration and investment recovery, that is, the lawyer should not only bear the risk of not receiving the agency fee, but also bear the risk of investment loss. This urges lawyers to strengthen their sense of responsibility;
3. The agreed fee ratio is relatively high, which is attractive to lawyers. Fourth, the client has a high degree of trust in the lawyer, and the lawyer has a greater authority to dispose of the substantive rights and interests of the case;
Risk agency is divided into partial risk agency and comprehensive risk agency. Partial risk agency: after paying a certain basic lawyer's fee in advance, the lawyer's fee will be paid in proportion according to the result, which is lower than the above total risk agency. 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.
legal ground
Article 3 of the Measures for the Administration of Lawyers' Fees follows the principles of openness, fairness, voluntary compensation, honesty and credibility.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients. Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. 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.