“胜诉费”有哪些表达?

“胜诉费”有哪些表达?

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下面列举两种说法。


1. Contingency fee

A contingency fee is a form of payment to a lawyer for his/her legal services. In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount his/her client receives when they win or settle their case. That is, in a contingency fee agreement, the lawyer only receives compensation if the lawyer has successfully represented the client. Further, the amount the lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles.. Contingency fees are particularly common in personal injury cases, where the successful lawyer is awarded between 20% and 50% of the recovery amount.

指的是胜诉的情况下律师有权按照风险代理收费协议(Contingency Fee Agreement, CFA)收取的费用,该费用取决于诉讼结果和纠纷结束时所处的诉讼阶段。


2. Success fee

A “success fee” is the added fee that a solicitor becomes entitled to under a CFA if their client’s case is successful. Upon success the solicitor is entitled to standard hourly rates plus a success fee calculated as a % uplift on these hourly rates, to a maximum of 100%.

指的是在胜诉的情况下律师有权按照附条件收费协议(Conditional Fee Agreement, CFA)收取的附加费用。在胜诉的情况下,律师除了有权获得标准小时费率,还可以获得胜诉费,该费用是在小时费率的基础上上浮一定的比例,最高不超过100%。


参考:

www.law.cornell.edu

www.franciswilksandjones.co.uk

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