The attorney fees for successful litigation are generally paid by the client. There are also situations where the law expressly stipulates that the defendant can be required to bear liability. In intellectual property cases such as copyright and trademark rights, if a party has obvious misconduct and causes direct losses to the other party or a third party, the people's court may require the other party to pay damages based on the losses of the non-fault party. bear.
There are two ways to pay attorney fees. One is to pay when the lawyer is entrusted to sign the contract, that is, it is paid according to a certain proportion. Detailed attorney fees have been formulated in various places; the other is to wait until the litigation process is completed. It is paid later and the contingency fee is higher.
The process of hiring a lawyer:
1. Go through the entrustment procedures with the law firm and sign the "Entrustment and Agency Contract". The main process of entrustment procedures with a law firm is to sign an "entrustment and agency contract" to clarify the rights and obligations between the parties and the law firm.
2. Sign a "Power of Attorney" with the designated lawyer. The "Power of Attorney" is mainly a document that clarifies agency authority and is submitted to the judicial department for processing. Agency authority is divided into general authorization and special authorization. The so-called general agency rights are only general litigation rights, such as the right to sue, the right to respond, the right to apply for avoidance, the right to provide evidence, the right to debate, etc.
3. Pay attorney fees. A lawyer's legal services are a paid service, so the client must pay a certain amount of attorney fees when hiring a lawyer. Generally, law firms charge case acceptance fees within a certain range from the parties in accordance with the provisions of the "Trial Measures for Lawyer Fees" and based on actual circumstances such as the complexity of the business undertaken, the length of time, and the amount of the litigation subject matter.
If you lose the lawsuit, you can continue to appeal. In civil litigation, if the parties are dissatisfied with the judgment or ruling of the first instance, they can appeal to the higher people's court. If they are dissatisfied with the judgment, they should file an appeal on the day they receive the judgment An appeal shall be filed within fifteen days from the date of the decision. If one is dissatisfied with the ruling, the appeal shall be filed within ten days from the date of receipt of the ruling. Legal Express reminds you that an authorized attorney is specifically authorized to file an appeal on your behalf.
I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.
Legal basis: Article 85 of the "Chinese People's Government and State Administrative Litigation Law"
If the party concerned is dissatisfied with the first-instance judgment of the People's Court, he or she shall have the right to submit the judgment to If the party concerned is dissatisfied with the judgment of the People's Court of first instance, he or she shall have the right to appeal to the People's Court of higher level within ten days from the date of delivery of the judgment. The judgments and rulings of the People's Court shall become legally effective.