The agency contract signed by migrant worker Yang and the law firm.
Recently, some media reported that at about 11 pm on July 12, 2016, Yang from Huishui County, Guizhou, was unloading cargo from a construction truck at a construction site in Guangzhou constructed by a company. Falling to the ground caused a burst fracture of the cervical 6 vertebrae, cervical spinal cord injury and total paralysis.
Yang's brother commissioned a lawyer from a Guangzhou law firm to handle work-related injury compensation.
On September 6 this year, Yang signed a compensation agreement with the employer and received a one-time compensation of 1.8 million yuan.
According to the agreement, the law firm took 900,000 yuan as legal fees.
Yang's ex-wife found it unacceptable, and she sought out the lawyer involved many times to try to get some money back, but did not get a response.
After the incident was exposed, it caused heated discussions among netizens.
Event playback
Migrant workers received 1.8 million compensation for work-related injuries
Law firm took away 900,000 yuan
According to media reports, on the night of July 12, 2016, when Yang was unloading a cargo from a construction truck, he was hit by a crane's steel rope and fell to the ground, causing a burst fracture of the neck 6, cervical spinal cord injury and paralysis.
Later, Yang's brother entrusted a lawyer from a Guangzhou law firm to handle work injury compensation.
On September 6 this year, Yang signed a compensation agreement with the employer and received a one-time compensation of 1.8 million yuan.
According to the previous agreement, Yang only received 900,000 yuan and the law firm took the remaining 900,000 yuan.
In fact, the three Yang brothers had no obvious objections to this.
But someone quit.
After Yang's accident, Yang's ex-wife Wang had been taking care of him in the hospital before, and the compensation was only returned after the two broke up.
Ex-wife Wang learned that the law firm took half of the compensation as legal fees, and thought it was too much.
So, how much does the law firm take?
According to industry insiders, lawyers rely on their own knowledge and ability to ensure that after Yang receives a considerable amount of compensation, the more to come will belong to the law firm, which sounds nothing wrong.
In fact, in the industry, this practice has a special term called "risk agency".
In simple terms, it refers to the decision to pay the lawyer's agency fee based on the result of the lawyer's agency.
The client pays a relatively small agency fee first, and even does not pay the lawyer first.
After the execution of the case, the client will pay the lawyer a certain proportion as remuneration based on the amount of the creditor's rights in place.
If you lose the case or cannot be enforced, the lawyer will get no return.
If the creditor's rights are enforced in place, the principal will pay the lawyer in accordance with the agreed high proportion.
This is a certain risk for both the client and the lawyer, so it is called risk agency.
Lawyer's Statement
Not recommended for disadvantaged groups
High fees when providing legal services. So, Yang received 1.8 million yuan in compensation for a work-related injury, and the law firm took away 900,000 yuan. Can "risk agency" be used?
Many lawyers in the industry gave a negative answer.
Zhang Zhiyou, a lawyer at Beijing Zhicheng Law Firm, believes that risk agency can be implemented for some property cases, such as engineering fund cases, or some simple private loan disputes.
But for some special cases, risk agency cannot be implemented.
For example, in marriage and inheritance cases, work-related injury compensation cases, pension and relief cases, and labor remuneration cases, these cases are not subject to risk agency in accordance with the "Administrative Measures on Lawyers' Fees".
He said: "Even if risk agency can be implemented in some cases, according to the provisions of the fee management method, the maximum fee collected cannot exceed 30% of the target amount. In this case, a compensation of 1.8 million yuan was collected and 900,000 yuan was collected. The lawyer’s fees clearly exceed the maximum amount of risk agency."
First, even if risk agency is applied, the lawyer's maximum fee cannot exceed 30% of the amount actually received by the client;
Second, the risk agency cannot be applied to Yang's claims for work-related injuries.
Wang Jianping, director of the Labor and Social Security Law Professional Committee of the National Lawyers Association, said in an interview that the Lawyers Association does not recommend that lawyers charge high fees when providing legal services to vulnerable groups such as migrant workers.
Wang Jianping said: Because it is the service fee for providing legal services for migrant workers, the compensation fees recovered are the hard-earned money of migrant workers. Lawyers’ fees should be limited to a reasonable range. Such a high percentage of fees will obviously It is considered unfair by society.
Although the parties have relevant agreements, in the industry, when lawyers provide relevant legal services for employees, there must be certain fee restrictions, especially so-called risk fees cannot be charged.
Expert voice
Migrant Workers' Work Injury Cases
The agent is complicated and time-consuming
In practice, the procedures for handling work-related injury compensation cases are very cumbersome, and many migrant workers hope to resolve their immediate difficulties as soon as possible.
According to their simple ideas, give money according to the results.
After all, if you can ask yourself more money, lawyers can also get more agency fees, so that lawyers will be more dedicated when they start a case.
As a public welfare lawyer, Shi Fumao, secretary general of the Legal Aid and Public Welfare Affairs Committee of the National Lawyers Association, has represented many migrant workers’ rights protection cases. He admitted frankly that the process of representing migrant workers in work injury cases is indeed complicated and time-consuming. Labor relations.
Often, it is normal for a work-related injury determination case to be filed for two or three years.
Shi Fumao said that especially in the field of migrant workers, the rate of signing labor contracts is around 40%. More migrant workers cannot establish labor relations with labor service companies or contracting units because they may work with contractors. Some cases can only Disputes over compensation for victims who provide labor services.
Shi Fumao said: "I have handled some cases, and spent two or three years in the labor relations stage. After the work injury is determined, administrative reconsideration, administrative litigation, first instance and second instance may be filed. Of course, there are still some cases. Bankruptcy, resulting in no money to win the lawsuit, but now there is a payment in advance, which would be better. The procedures are too complicated and many cases cannot be closed in time."
Shi Fumao gave an example: "The other case I am dealing with has been providing legal aid to Zhao from 2013. It has been a lawsuit for 7 years, with 9 rulings and judgments, but now I have only received 198,000 yuan in compensation. The disability allowance has not yet been received, and the procedures are complicated, making it very difficult to defend rights."
In fact, my country has a very good legal aid system for the protection of the rights of vulnerable groups.
Article 10 of the "Legal Aid Regulations" that came into effect in September 2003 clearly stipulates that those who request social insurance benefits can apply for legal aid to legal aid agencies, including work-related injury insurance.
In 2006, the State Council issued an opinion specifically stipulating that migrant workers should be included in the scope of work injury insurance in accordance with the law.
Beginning in August 2008, migrant workers who apply for legal aid for labor compensation or compensation for work-related injuries will no longer be restricted by financial difficulties.
Experts suggest that migrant workers should apply for legal aid in case of work-related injuries.
Experts urged that such cases can be considered to implement the attorney fee transfer system, and the losing party shall bear the attorney fees of the winning party.
Reduce the cost of migrant workers in lawsuits, reduce the incidence of malicious litigation by enterprises, urge enterprises to hire labor in accordance with the law, and encourage more lawyers to represent legal aid cases.
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