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; The third is to take responsibility for each other and clarify the exception mode.
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:
(a) a view that the lawyer's fees should be borne by the losing party, the main reasons are:
(1) The lawyer's fee is the indirect loss that the losing party should compensate. With the improvement of China's legal system, legal provisions and litigation work are becoming more and more complicated. In order to protect their legitimate rights and interests, it is an objective and realistic need for parties to hire lawyers to participate in litigation. The lawyer's fees paid by the parties are also part of the losses suffered by infringement, which should undoubtedly be included in the compensation scope of the losing party.
(2) The lawyer's fee shall be borne by the losing party, which helps to reduce the excessive litigation. If the lawyer's fee is borne by the losing party, the plaintiff will not easily arouse the idea of litigation, forcing the parties to take other ways to solve the dispute, which is conducive to saving national judicial resources and serving the construction of a harmonious society.
(3) It is a common practice in many countries and regions that the lawyer's fees should be borne by the losing party. In addition to the United States, Japan and other countries mentioned above, the courts of the Hong Kong Special Administrative Region of China usually award the losing party compensation for the winning party's lawyer's fees directly according to the law. In addition, some international treaties and rules have also established the rule that "the lawyer's fees shall be borne by the losing party". For example, according to the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the infringer should not only "compensate for the damage caused by the infringement of intellectual property rights", but also pay reasonable fees including attorney's fees to the obligee.
(2) Another view is that the lawyer's fee should be borne by the party who hired the lawyer. The main reasons are:
(1) The existing provisions on legal fees are only applicable to some fields, and cannot be understood as the legal basis for the losing party (the wrong party) to bear legal fees;
(2) Whether to hire a lawyer is the right of the parties, not a necessary act, and the court will not change the outcome of the case because of whether the parties hire a lawyer, so there is no inevitable causal relationship between hiring a lawyer and bringing a lawsuit;
(3) China's current relevant regulations do not completely unify the lawyer's fees, and the parties and entrusted lawyers can negotiate on their own, so it is very difficult for the court to define the accuracy of fees;
(4) The losing party's legal fees may also lead to malicious competition among lawyers, which is not conducive to the current legal system construction in China.
Most of us will think that it is reasonable that the lawyer's fee should be borne by the losing party. In recent years, relevant laws and judicial interpretations have made some new provisions on the fees charged by lawyers in disputes in certain fields. For example, Article 48 of the Copyright Law, Article 56 of the Trademark Law and Article 20 of the Anti-Unfair Competition Law stipulate that the amount of compensation paid by the infringer includes the reasonable fees paid by the right holder to stop the infringement (anti-unfair competition); The Civil Code also stipulates that 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.
Second, how to determine the lawyer's fee for 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 circumstances of the case directly determine the difficulty of legal affairs and other necessary handling expenses, which is the primary factor in determining 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 lawyer's specific situation
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.
Three, the law firm commissioned fees
1. Criminal cases are generally prosecuted in stages (investigation, prosecution and trial stages respectively), or they can be entrusted through consultation with lawyers. The general cost ranges from 8000 to 50000 yuan.
After accepting the entrustment, a lawyer can meet the criminal suspect and the defendant to understand the case and enjoy different rights according to different stages of litigation.
2. The civil charging standard for civil cases not involving property: 5000-30000 yuan/piece, and all cases involving property will be charged in proportion. Generally around 1%- 10%.
3. Administrative litigation involving property in administrative cases: 3,000-20,000 yuan/piece; Administrative litigation expenses related to property: based on the basic expenses of 65,438 yuan+0,000-8,000 yuan, it will be collected by stages according to the disputed amount.
4, the state compensation cases are generally 2000 yuan -30000 yuan/piece. Up and down about 20%, but the minimum is not more than 2000.
The above is the knowledge about attorney fees compiled by Bian Xiao for you. If you have more questions, you can consult a professional lawyer or entrust a lawyer directly to help you get out of the legal dilemma.