Unless there is a special agreement on legal fees, it is normal for anyone to hire a lawyer to bear the legal fees. Therefore, even if the plaintiff wins the case, the plaintiff has to bear the lawyer's fee, which is different from the legal fee. However, there are also special legal circumstances that can be brought by the defendant, such as copyright, patent rights, trademark rights and other civil disputes. The specific amount of attorney's fees will depend on the judge's discretion and be supported as appropriate according to the nature of the case.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
1, working time spent;
2, the difficulty of legal affairs;
3. Customer's tolerance;
4. Risks and responsibilities that lawyers may bear;
5, the lawyer's social reputation and work level.
To sum up, the lawyer's fee for the plaintiff's victory is generally paid by the client. Under normal circumstances, whoever entrusts a lawyer will bear the lawyer's fee, unless there is an agreement between the two parties or the law clearly stipulates. When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract.
Legal basis:
Article 25 of the Lawyers Law of People's Republic of China (PRC)
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully.
Law firms and lawyers shall pay taxes according to law.
Article 9 of the lawyer's fee standard
The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.