Risk agency is not allowed in criminal incidental civil litigation.
According to Article 12 of the Measures for the Administration of Lawyers' Service Fees, it is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 11 stipulates that when a law firm handles a civil case involving property relations, if the client still asks for risk agency after learning the government-guided price, it can implement risk agency fees, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting 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.
2. Under what circumstances can't you represent risks?
The general understanding of risk agency 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.
Article 11, Article 12 and Article 13, paragraph 2, of the Measures for the Administration of Lawyers' Service Fees respectively stipulate: "In handling civil cases involving property relations, if the client still asks for risk agency after learning the government guidance price, the law firm may implement risk agency fees, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting 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) requesting payment of labor remuneration.
It is forbidden to carry out risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Note: To implement the risk agency fee, the law firm should 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.
Third, the cost standard of risk agency.
Measures for the administration of lawyers' service fees
Eleventh law firms in handling civil cases involving property relations, after being informed of the government guidance price, the client still requires risk agency, but the risk agency fees can be implemented, except for the following circumstances:
(1) Marriage and inheritance cases;
(2) Requesting 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 execute risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
Article 13 To implement the risk agency fee, the law firm shall sign a risk agency fee contract with the client, and stipulate the risk liability, 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.
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