The Analysis Of The Risk Representation System

Lawyer fees charging refers to all related expenses charged by attorneys whenthey reach agreements with clients to handle their legal affairs, mainly includingservice charges and handling charges. The way of lawyer fees charging refers to themethods by which clients pay for the legal service supplied by lawyers. There are somany ways for charging lawyer’s fees. Different countries have different methods oflawyer fees charging in their legal rules and legal practices, but there are five mainways in common including hourly rate charging, piece charging, proportion charging,consultation charging and risk representation charging. These five ways for charginglawyer fees are all applied to legal practices in our country, comparing to the otherfour ways, however, the risk representation charging is still in dispute. People whoreject the risk representation system indicate that there are so many downsides of thissystem, such as the negative effect of attorneys encouraging litigation for makingprofits, the possibility of causing the conflicts of interest between attorneys andclients, and so on. However, these people pay no attention to the positive effect of thissystem including the enhancement of lawyer’s initiative to handle legal fairs, thesupplement for deficiency of the legal aid, and so forth. It is known to all that none ofsystem can be perfect. Therefore, the author of this thesis has the idea that if using onesystem can do more good for society than harm, we should take the correspondingmeasures to overcome its disadvantages and try our best to improve this system so asto make it bring more positive effect as far as possible.The risk of representation system has been applied to our legal practices. In orderto improve the system, this article will summarize the issues of the risk ofrepresentation system through the system comparison between our country and othersand then, five measures will be further put forward in the fifth part of this paper. Thethesis consists of six parts as follows:The first part gives the outline of the lawyers’ fees charging system. This partmainly introduces five types of lawyer’s fees charging system and their advantagesand disadvantages.The second part demonstrates and analyzes legally the basic contents ofcontingent fee system, including the types, the legal characters and the features.The third part analyzes the functions of contingent fee system and states itsadvantages and disadvantages.The fourth part summarizes the issues of the risk representation system in ourcountries through the system comparison between our country and others.The fifth part proposes five measures to solve the issues of the riskrepresentation system in our countries and improve this system gradually.