The difference between risk agency and general agency

Legal analysis: compared with the traditional agency system, risk agency mainly has the following differences: First, the objects of risk agency are mostly difficult and complicated cases, especially those that are difficult to implement, otherwise the client will not agree to risk agency. Second, 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. Third, the agreed fee ratio is relatively high, which is more attractive to lawyers. Fourth, the client has a high degree of trust in the lawyer, and the lawyer has greater authority to dispose of the substantive rights and interests of the case.

Legal basis: Measures for the Administration of Lawyers' Service Fees

Article 11 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, the risk agency fee may 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 implement risk agency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.

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.