Scope of lawyer's risk agency case

What is a risk agent and what is its scope?

Risk agency means that according to the agreement between the law firm and the client, the client will not pay the lawyer's agency fee temporarily, or only pay part of the lawyer's fee or the early travel expenses, and then pay the agreed proportion or a certain amount of lawyer's fee after the creditor's rights are realized or other entrusted matters are completed. This kind of agency has certain risks for both parties, so it is called risk agency. The stages of risk agency cases include the whole process of first instance, second instance and execution, until the money is recovered or the litigation purpose is realized. Risk agency cases are divided into two forms: partial risk agency (paying lawyer fees first) and complete lawyer risk agency (not paying lawyer fees first).

Scope of application of risk agency:

Lawyers represent litigation cases, and the scope of application of risk agency is:

(1) Risk agency is only applicable to civil cases involving property relations.

(2) There are four types of civil cases involving the person and the most basic life, and risk agency is not allowed.

Including:

1, marriage inheritance case;

2. Requesting social security benefits or minimum living security benefits;

3. Requesting to pay alimony, alimony, pension, relief fund and industrial injury compensation;

4. Request for payment of labor remuneration, etc.

3) It is forbidden to carry out risk agency charges in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.

Law firms can implement risk agency fees. The so-called risk agency fee, that is, the winning fee, means that the client signs a risk agency fee contract with the law firm, and after the case wins or the agreed legal affairs reach a specific result, the client pays the lawyer service fee to the law firm, which is an agreed lawyer service fee between the client and the law firm.

Legal basis:

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) Cases of marriage succession;

(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: Law firms should sign contracts with clients when risk agency fees are implemented.

The risk agency charging contract stipulates the risk responsibility, charging method, charging amount or proportion that both parties should bear.