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Is it reasonable for the lawyer to take 900000 yuan after the industrial injury compensation of 1.8 million? Does it have legal effect?

Post:2020-12-26    Views:9935    Copy link   

In recent days, a lawyer in Guangzhou has been acting on behalf of Guizhou migrant workers in industrial injury cases. The compensation for industrial injury is 1.8 million yuan, and the lawyer gets 900000 yuan. After the successful compensation for industrial injury, the family members of the litigants go back on the lawyer's fees and stir up fire on the Internet. They have different views and seem to have some truth.

The focus of the problem is whether the lawyer's fees should be divided so much and whether they are reasonable? Does it have legal effect to take so much lawyer fees? As the competent department of the lawyer industry, how to deal with it reasonably and legally?

Is it reasonable for lawyers to share so much of their fees?

Judging from the news reports, the case of industrial injury compensation represented by this lawyer is still very successful. At first, the employer was only willing to pay 300000 yuan, and the lawyer finally got 1.8 million yuan after acting as an agent, which is obviously a very successful case of industrial injury compensation.

People in non legal industry may not understand the complexity of industrial injury compensation cases. Industrial injury compensation cases may be the most complicated cases in all civil disputes. Generally, if the labor relationship is determined by arbitration, it will enter the first instance of the court if it refuses to accept the arbitration, and the second instance if it refuses to accept the judgment of the first instance; then it will apply for the determination of work-related injury, and if it refuses to accept the judgment of the first instance, it will enter the second instance of the court, and then it will apply for the treatment of work-related injury. If all these procedures are completed, the case can not be closed without 2-3 years. It can be seen that it takes time and energy for a lawyer to represent a case like this. The balance of time cost, professional level and income must be considered for a lawyer to represent a case. Otherwise, it is difficult for a lawyer to have the enthusiasm to handle a case. If he does not have the enthusiasm, the result of handling a case may be very different. Therefore, in practice, many lawyers, especially those who have been practicing for a long time, are not willing to represent industrial injury cases.

No matter the lawyer has paid a high amount of compensation through negotiation, it is natural for him to get a good result.

Is it legal for lawyers to take such a high proportion of lawyer fees, is it legally effective, and should it be refunded?

The report said that because the injured was bedridden, he was unable to appoint his own lawyer. The brother of the injured asked the consent of his wife and commissioned a lawyer to represent him. The brother also confirmed the matter afterwards. It can be seen that the lawyer's agency agreement in this case should be the real intention of the family members of the parties. Even if the lawyer's risk agency and share ratio violate the regulations and normative documents of the Ministry of justice or the local government, it is only a violation of administrative regulations and normative documents, not a violation of the law. As a civil entrustment agreement, its legal effect is regulated by civil legal norms. At present, the entrustment agreement does not violate the mandatory provisions of the law. Because the agreement is legal and effective, the parties should abide by it in good faith. If the parties or their families can't accept such a share of lawyer's fees, they can file a lawsuit, let the court make a judgment according to law, and give the community a clear statement and rules. It will also be a good rule of law lesson for the public. So don't settle the case through mediation, and don't give a good rule of law lesson to harmony.

As the competent department of the lawyer industry, how to deal with it reasonably and legally?

It is said that the Guangzhou Judicial Bureau has made a stand to intervene in the dispute. If the judicial bureau can investigate and handle the dispute in strict accordance with the law, it is very good. As an administrative law enforcement act, it must have a clear legal basis, otherwise it will become another noticeable legal dispute. It is suggested that Guangzhou Judicial Bureau, as a local legal publicity and judicial administration department, should employ legal experts including lawyers to provide advice and make good use of the existing legal rules. The administrative treatment of the administrative treatment should be decided by the parties themselves in civil litigation, and should not be slack or overstepping their powers. It should investigate and handle according to law, so as to set an example for the government to administrate according to law 。

(author: Liu Zhongzhou, lawyer of Hubei Thinksunny Law Firm)

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