The risk of American lawyers fees

On July 12, 2002, the central television broadcast the "today" between client and entrusted a lawyer together because of the risk to attorney fees issue and agent for the dispute.Originally, lengshuijiang city, hunan province, hunan is law firm lawyers Huang Junxian and loudi bimodal county dafeng village villagers li-xin peng to sign a copy of the contract on criminal litigation risk agency, which regulates "ShangSuFei 5000 yuan, each take half, but is adjudged increased costs will each half".As a result, the second instance finally won.Is adjudged increased by 140000 yuan in accordance with the stipulations of the contract, the lawyer can take 70000 yuan fee.However, at this moment, li-xin peng suddenly complained to local court, the people's congress huang fool 70000 yuan for compensation, the parties also require the contract invalid.After the broadcast, in the social from all walks of life and even legal science and the judiciary has aroused widespread attention.In fact, the focus of the case is whether huang should be should not take this 70000 yuan.In order to let everyone on the lawyer's risk agency fees have more knowledge and understanding, the author of American law risk agency fee a simple introduction.

American lawyers fees have a variety of ways, risk agency fee is one of the important ways.In the United States, risk agency fee referred to as "Contingency feeds".The "Contingency" contains this kind of reward is accidental, possible, therefore, is a risk."Fee" or "reward" meaning.The so-called "Contingency feeds", that is to say, lawyers get paid depends on the agent's case for court to pay a certain percentage of the total.In other words, if you hired a lawyer to help you engage in a lawsuit, if lost the lawsuit, the lawyer won't get any compensation.But you still have to pay the costs and expenses on lawyers for the lawyer to handle the case and take "expenses".In the United States, the proportion of the lawyer's risk agency fees vary, the general proportion is a third.Some lawyers, on the basis of the specific case progress, increase or decrease in proportion to their share of the payment.

These even in the United States, of course, the height of the autonomy of democracy, the risk of lawyer fees is not follow one's inclinations, but is limited by some and constraints.First of all, the risk of agency fee is not applicable to all cases.In general, this type of charging methods can in personal injury, property claims or other cases involving a large amount of money.However, in some specific types of cases, such as crime and child custody cases, lawyers are forbidden to accept risk agency remuneration.Is very special, in the divorce case, if you become the defendant;Or what you need is the commercial trade in the general legal services, risk agency fee is not appropriate.Second, the court can for lawyers to risk agency charged by the total number of remuneration offer certain restrictions