Generally speaking, if the lawsuit is won, the lawyer's fee shall be borne by the plaintiff, unless the court has a corresponding judgment or there are some corresponding contract terms in the original contract. First, the lawyer who wins the lawsuit should be borne by the party who hired the lawyer, and in some cases it can also be borne by the losing party. According to the legal and judicial interpretation, the losing party can bear the lawyer's fee: 1. In the case of contract dispute, the creditor exercises the right of cancellation; 2. Copyright civil dispute cases; 3. Trademark civil dispute cases; 4. Patent dispute cases; 5. Disputes over security rights; 6. Cases of unfair competition; 7, personal injury compensation, reputation infringement, traffic accident cases; 8. Arbitration cases. According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the litigation request about lawyer's fee will generally be supported in prosecution or arbitration. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. 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. Second, what is the procedure for applying for legal aid? 1. Help-seekers can apply at the petition, labor and social security departments, application acceptance points set up by the courts, or legal aid workstations set up by towns, streets, trade unions, Communist Youth League, women's federations, committees for the aged, disabled persons' federations, universities and other organizations, or legal aid contact points set up by village (neighborhood) committees. 2, by the unit or street committee, village committee issued a certificate of living difficulties, and then to the legal aid center of the local judicial bureau; Whether it meets the conditions shall be examined and approved by the Legal Aid Center. 3. Conditions for citizens to apply for legal aid: (1) There are sufficient reasons to prove that they need legal help to safeguard their legitimate rights and interests; (2) Due to economic difficulties, it is impossible or completely unable to pay legal service fees. 3. Who is the target of legal aid? 1. China citizens who meet the following conditions may apply for legal aid: (1) those who have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests; (2) unable or completely unable to pay legal service fees due to economic difficulties (the standards for citizens' financial difficulties shall be implemented by all localities with reference to the provisions of local government departments). 2, blind, deaf, dumb and minors as criminal defendants or criminal suspects, did not entrust a defense lawyer, should get legal aid. Other disabled and elderly people who are criminal defendants or criminal suspects and are unable to hire a defense lawyer due to financial difficulties can get legal aid. If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid. 3. In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the people's court appoints a lawyer to defend him, he can get legal aid.
Legal objectivity:
"Measures for the Administration of Lawyers' Service Charges" Article 30 If there is a dispute over lawyers' service charges, the law firm shall settle it through consultation with the client. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department and the competent price department where the law firm is located for mediation, or apply for arbitration or bring a lawsuit to the people's court. Measures for the Administration of Fees for Lawyers' Services Article 4 The fees for lawyers' services shall be subject to government-guided prices and market-regulated prices.