Research On The Contingency Fee System Of Civil Proceedings

Contingency fee system as a new way of lawyer agency which is different from thetraditional lawyer fee is a useful supplement to the traditional lawyers charge by hour, fixedfees and charges by the piece. Under the contingency fee system, the remuneration of lawyeris linked with the outcome of the proceedings closely. This system can ease the pressure ofparties on litigation, as well as transfer the risk of them.The different ways of charging the contingency fee in the United States and the Britainrepresent the two different modes of the contingency fee system. The contingency fee systemin the United States started more early, and the development degree of it is higher, theprovisions on the scope of this system is strict and clear; states of the U.S. have strict ratiorequirements and different regulatory instruments on the proportion of remuneration; theagreement of contingency fee in U.S. contains the amount of remuneration and terms ofpayment, payment of litigation costs and other expenses, reconciliation and withdrawal,security rights of lawyers, lawyers of the dismissal and resignation of content, etc. The reformand adjustment of the legislation of contingency fee system in UK is improving thedevelopment of contingency fee system gradually. In addition, under the British civillitigation,the costs indemnity rule, litigation insurance system continue to affect the directionof development of the contingency fee system；to resolve the continuous rise of the litigationcosts caused by contingency fee system，the proliferation of litigation intermediaries and alarge number of incidental litigation, the United Kingdom has also taken the appropriatecountermeasures. After a comprehensive analysis in favor of the development of thecontingency fee system in, the achievements, problems and their countermeasures ofregulation in both the United States and the United Kingdom, and combined with ourcharging status quo of the lawyers, contingency system applicable in our country with thenecessity. After the analysis of the development and the application of the status quo of thecontingency fee system, it has been found that contingency fee in china has the prominentproblems of backward legislation, narrow applicable scope, single proportion of remuneration,and too much risk of the layers.To expand the scope of application of the contingency fee system in China appropriately,to rich the means of charging remuneration, to strengthen the law disclosure and risknotification obligation, to focus on the interests of guaranteeing lawyers and to establish amechanism to resolve the dispute on attorneys’ fees are useful to the contingency fee systemin China, and they will improve and safeguard the healthy and orderly development of thecontingency fee system.