The Measures for the Administration of Lawyers' Service Charges jointly issued by the National Development and Reform Commission and the Ministry of Justice formally confirmed that risk charging is a way of lawyers' charging, and confirmed the legality of risk charging. How much is the lawyer's fee for risk agency According to Article 13 of the Measures for the Administration of Lawyers' Service Fees jointly issued by the National Development and Reform Commission and the Ministry of Justice: "To implement risk agency fees, the law firm shall sign a risk agency fee contract with the client to stipulate the risk responsibility, charging method, charging amount or proportion that both parties should bear. The implementation of risk agency fees, the maximum amount of fees shall not be higher than 30% of the amount agreed in the fee contract. " Risk agency cases vary from case to case, and there is no uniform standard within the scope of charging authority. The case fee is determined according to the difficulty and cause of the case. If it is necessary to determine a risk agency fee standard, our fee standard is 5% ~ 30% of the subject matter of the case. When will the lawyer's fee of the risk agency be paid? A: We charge the lawyer's fee in advance and then settle the account according to the result of handling the case. After the signing of the entrustment contract, the parties and the law firm shall pay the lawyer's fees in advance according to the agreed time limit. If the client fails to pay or fails to pay the lawyer's fees in full, the law firm may terminate the entrustment contract or suspend the agency work, and the losses caused thereby (such as exceeding the limitation of action) shall be borne by the parties. Can I pay after winning the case or obtaining the execution money? Can I not pay the lawyer's fee in advance? If the parties ask for payment after winning the case, or pay after receiving the execution money, they can also pay the lawyer's fee afterwards if the following conditions are met. In order to avoid moral hazard, if the payment is made afterwards, the litigant or the arbitration applicant must sign the Power of Attorney for Collection of Execution Payment, and the lawyer will collect the execution payment from the court on his behalf, and the lawyer's fee will be deducted directly from the execution payment. As the defendant in litigation or the respondent in arbitration, we don't accept the entrustment of payment afterwards. In addition, compared with the payment method of prepaid lawyer fees, the risk agency method of post-payment has higher lawyer fees. If you lose the case, how much lawyer's fee can be refunded? All or part of it is subject to the verdict in the risk agency mode. The details of the refund of the agency fee for the risk part are as follows: a. If all litigation requests are supported by the court or the arbitration commission, the lawyer's fees received in advance will not be refunded and invoices will be collected; B, part of the claim is supported, and the other part of the claim is rejected by the court, that is, part of the claim is won, and the lawyer's fee is charged according to the winning proportion, and the remaining lawyer's fee received in advance is returned to the parties; C. If all claims are rejected, all attorney fees received in advance will be refunded. Note: The above-mentioned creditor's rights refer to the creditor's rights of property nature, such as claiming 50,000 yuan and returning 300,000 yuan, and do not refer to the uncountable creditor's rights such as apology and repair damages. Who is the advance payment of the risk agent paid to? The risk agent pays the advance payment to Shanghai Yin Hui Law Firm, and the parties can pay by cash payment, promissory note, check, online banking transfer, etc. The bank where the law firm opens an account is Shanghai Pudong Development Bank. If it needs to be paid to other banks, it should be agreed in the contract. If payment is made by cashier's check, cheque or online bank, the parties concerned shall keep their own payment vouchers. If the payment is made in cash, it shall ask the undertaking lawyer for the "receipt of payment" issued by the firm and affix the financial seal of the firm. After the case is handled, an invoice will be issued. In the invoice of risk agency case, there is uncertainty when the legal fee of risk agent will be issued. In some cases, if they lose the case, part or all of the legal fees need to be refunded, and the refunded part is not the business income of the firm. Therefore, a receipt will be issued for the prepaid legal fees. After the firm closes the case and files it, it will issue an invoice according to the actual lawyer fees charged, and the parties need to return the receipt. Can you pay the legal fees, preservation fees and arbitration fees? Legal fees and preservation fees are the fees charged by the court and borne by the plaintiff/appellant in advance. Similarly, the arbitration fee for commercial arbitration is borne by the applicant in advance, and ultimately by the losing party according to the judgment or ruling results (in most cases) or in proportion to the property obtained (such as property division cases, inheritance cases, demolition cases). Few lawyers or law firms are willing to pay legal fees in advance, which is more common in traffic accident personal injury compensation cases. Considering this kind of case, the motor vehicle has purchased the third party liability insurance, and there is no suspense in the settlement result. In the case of prepaid expenses, the commission ratio of risk agents is often high. We can also pay legal fees for the above-mentioned cases without suspense. But for other cases, legal fees, preservation fees and arbitration fees are not paid in advance. I hope I can help you solve related problems. If you have any questions, please consult a lawyer on this website.

Legal objectivity:

Article 13 of the Measures for the Administration of Charges for Lawyers' Services, if a risk agency charge is implemented, the law firm shall sign a risk agency charge 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.