“No win no fee agreement”具体指的哪种协议?怎样翻译比较好?

“No win no fee agreement”具体指的哪种协议?怎样翻译比较好?

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“No win no fee agreement”属于“conditional fee agreement”的一种,具体含义见下文:


“There are two forms of CFA. One form is a "no win, no fee" arrangement where the lawyer charges no fee during the course of the proceedings and is paid only the success fee if the client’s case succeeds. Another form is a "no win, low fee" arrangement where the lawyer charges at the usual rate or at a discounted rate during the course of the proceedings, plus a success fee if the client’s case succeeds. For these two forms of arrangements, a success fee refers to an additional fee that the client agrees to pay the lawyer only upon the success of the case. It can be an agreed flat fee, or calculated as a percentage "uplift" on the fee charged during the course of the proceedings.

As for DBA, it is a form of "no win, no fee" arrangement. If the client’s case is unsuccessful, the lawyer charges no fee. In the event of success, under a DBA, the lawyers' fee is calculated by reference to the outcome of the proceedings, for example as a percentage of the amount awarded or recovered ("DBA Payment").

Hybrid DBA is a form of "no win, low fee" arrangement. The lawyer charges a fee for the legal services rendered (typically at a discounted rate) and, in the event of success, the DBA Payment.”


上面这段话摘自HKLRC Consultation Paper,大致意思是:“CFA协议有两种形式。第一种就是‘no win, no fee’协议,即律师在诉讼过程中不收取任何费用,只在胜诉的情况下收取胜诉费。第二种是‘no win, low fee’协议,即律师在诉讼过程中按惯常费率或折后费率收费,并且在胜诉的情况下须收取胜诉费。其中,DBA协议属于‘no win, no fee’协议,即律师只在胜诉的情况下收取费用,该费用参照诉讼结果进行计算,比如按占判定金额或赔偿金额的一定比例计算。混合DBA则属于‘no win, low fee’协议,即律师不仅收取法律服务费(通常为折后费率),并且在胜诉的情况下还参照诉讼结果计算胜诉费,比如按占判定金额或赔偿金额的一定比例计算。”


因此,“no win no fee agreement”可按字面翻译为“不赢不收费协议”,同时“no win low fee agreement”可按字面翻译为“不赢低收费协议”。

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