However, if the contract between the parties and the defaulting party clearly stipulates how to bear the lawyer's fees, or even stipulates in detail the terms and standards of the lawyer's fees, so that once the dispute is brought to court, the lawyer's fees will be borne according to the terms of the contract, thus avoiding the risks that are not expressly stipulated by the law, then the litigation request about the lawyer's fees will generally be supported in prosecution or arbitration. Therefore, when drawing up a contract, both parties to the contract can also agree in detail on the ways and standards of bearing legal fees. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
According to the principle of who advocates who gives evidence, the following materials shall be submitted to the court for prosecution:
1, plaintiff qualification materials. For example, the original and photocopy of the resident ID card, household registration book, passport, home visit permit for Hong Kong and Macao compatriots, marriage certificate and other evidence. If the enterprise is the plaintiff, it shall submit a copy of the business license, industrial and commercial registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments, IOUs, receipt and delivery vouchers, correspondence, etc.
When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
The filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, rule that the cases that meet the conditions for filing shall not be accepted according to law.
The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.
After the case is put on file, the court will arrange the trial of the case, and the parties should obey the various work arrangements of the court. After the case is closed, the litigation costs will be settled in the financial room, and the refund will be more than the subsidy.
To sum up, civil disputes can be solved by lawyers, but who is generally entrusted to pay the lawyer's fees? If the expenses are borne by the losing party, it depends on the actual situation, and it is also necessary to negotiate with the lawyer and get the approval of the court before such behavior can be implemented.
Lawyer:
Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
On August 20th, 2002/kloc-0, the 30th session of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Legal Aid, and law firms, grassroots legal service offices, lawyers and grassroots legal service workers are obliged to provide legal aid according to law.
To sum up, according to legal procedures, whoever invites a lawyer will pay.
Legal basis:
Article 10 of the Lawyers Law of People's Republic of China (PRC)
Lawyers can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate. Lawyers' practice is not restricted by region.
Article 12
Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the conditions prescribed by law may, with the consent of their units and in accordance with the procedures prescribed in Article 6 of this Law, apply for part-time lawyer practice.