land expropriation

Why can’t risk agency be used in expropriation and demolition cases?

1. The risk attorney’s case lawyers have a weak sense of responsibility

In land acquisition and demolition cases, unlike ordinary civil cases, where the problem can be solved by just filing one or two lawsuits, lawyers need to do a lot of work in the process of improving compensation for the parties, including investigating and collecting evidence, negotiating with the demolishers, and conducting administrative reconsideration and administrative litigation. Emergency situations often occur during demolition and expropriation, such as threats and inducements by demolishers, forced demolition, and illegal demolition. When the demolished people encounter these situations, they are often helpless, which requires professional demolition lawyers to rush to the scene for emergency treatment. It takes a lot of time and energy from the lawyer to take over the case and to compensate the client to the satisfaction of the client. Therefore, in the process of working as a lawyer, there must be corresponding financial guarantees in order to have a stronger motivation to handle the case well for the client.

2. Lawyers who accept risk representation are small lawyers, and large teams will not accept risk representation.

Cases represented by the Yingting Land Acquisition, Demolition and Human Rights Lawyers Group are generally handled by more than two lawyers, with a leading lawyer and an auxiliary lawyer, who can handle emergencies for the client in a timely manner. Yingting Law Firm has also invested a lot of resources in staffing, so paying a certain amount of agency fees in the early stage is necessary and is the guarantee for the survival of the lawyer and the law firm.

In reality, some parties may be unwilling to pay agency fees in the early stage for the sake of small gains. However, such parties often cannot increase the compensation, but instead delay the negotiation time and litigation time. A truly capable and responsible lawyer will charge a certain fee and sign an agency agreement with the client. Only lawyers who charge agency fees will be highly responsible and will not give up the client's interests due to complex changes in the case. Therefore, if the client fails to pay the agency fee, there may be a risk that the lawyer does not handle the case well, and when the case encounters difficulties, the lawyer is unwilling to actively find a breakthrough, thereby damaging the client's interests. Therefore, the client must think twice before acting on risk representation.

3. The law does not allow law firms to accept risk agents. Law firms that accept risk agents are not professional and formal teams.

According to the "Administrative Measures for Lawyer Service Charges", contingency representation is not allowed in administrative litigation cases. Administrative reconsideration or administrative litigation is often required in land acquisition and demolition cases. Therefore, lawyers must abide by relevant regulations. Risk representation cannot be performed for such cases. Lawyers who violate relevant regulations will not only be subject to corresponding sanctions. At this time, the rights and interests of the parties will also be damaged and they will not be given due protection.

The increase in demolition compensation is a major event in the client's life. Don't choose a risk agency just because of temporary interests. Land acquisition and demolition is a highly professional legal business, and a lot of experience in handling cases can only be gained through actual operations. Only lawyers with specialized legal knowledge and practical experience in demolition can help clients compete with demolishers and strive for more benefits for the parties. Risk representation by irresponsible lawyers will only seriously damage the rights and interests of the client and miss the opportunity for increased compensation. The client must be cautious when choosing an agency method.