1. There are three main modes to bear the lawyer's fees in civil litigation: one is the mode borne by the losing party; Second, the mode supplemented by individual commitment and special application; Third, take responsibility for each other and make clear the way of exception;
2. For a long time, China's commitment to legal fees has formed a conventional situation in judicial practice. However, in theory, there are still two different views on the issue of legal fees:
One view is that the lawyer's fee should be borne by the losing party;
Another view is that the lawyer's fee should be borne by the party who hired the lawyer.
How to determine the lawyer's fee in criminal cases;
1, details of the case;
The specific circumstances of a case mainly refer to the complexity of the case, such as whether it is a single crime or a joint crime, whether it is a single crime or several crimes, whether it involves one criminal fact or multiple criminal facts, and so on. The specific situation of the case directly determines the difficulty of legal affairs and other necessary handling expenses, which is the primary factor to determine the lawyer's fee;
2. Specific requirements of customers;
Different clients have different requirements for lawyers' work, and the most typical one is the number of interviews in the investigation stage. Some clients will ask lawyers to increase the number of unnecessary meetings in addition to the number of meetings needed in the case, which directly increases the workload and other costs of lawyers, resulting in an increase in lawyer fees. The specific requirements of the client are an important factor in determining the lawyer's fee;
3. The specific situation of lawyers.
The different social reputation and work level of lawyers determine their different work values, and there are also differences in fees. The lawyer's specific situation is the key factor to determine the lawyer's fee. Just like doctors in hospitals, expert doctors charge more than ordinary doctors. Generally speaking, lawyers with high degree of specialization, experienced lawyers and in-depth professional research have high gold content in their work, more secure case handling effect and higher lawyer fees.
To sum up, the lawyer's fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor. However, it should be pointed out that the lawyer's agency fee has not actually occurred, and there is no actual damage result. When the creditor recovers the debt, it may not claim the lawyer's agency fee from the debtor in the same lawsuit.
Legal basis:
Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes.
The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement.
The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.