1. Who will bear the legal costs of the lawsuit?
The lawyer's fee shall be paid by the party requesting the lawyer. However, in civil and commercial cases, when one party becomes the defendant, if a lawyer is hired to defend it, and the plaintiff wins the case (the law supports one party to repay the necessary expenses paid by the other party for the trial of the case), the plaintiff may be required to pay this fee.
Second, if you entrust a lawyer to go to court.
1, to review the qualifications.
According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
2. Understand the organization.
A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
3. Sign the agreement.
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
4. The authorization should be clear.
Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
5. Pay carefully.
Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He doesn't feel bad at all. In particular, the lawyer's proposal to invite the case-handler to dinner and find someone to dredge the relationship is even more expensive, and often all the money is spent. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected.
The attribution of the responsibility for the payment of legal fees involves the agreement of law and contract. Under normal circumstances, the parties need to determine the responsibility of paying legal fees according to the specific circumstances. In civil litigation, in principle, the losing party usually needs to bear the lawyer's fee. However, depending on the nature of the specific case and the judgment of the court, sometimes the winning party may have to bear part or all of the lawyer's fees. In contract disputes, both parties to the contract shall abide by the legal fee payment responsibilities stipulated in the contract. If there is no clear agreement in the contract, according to the principle of fairness, the lawyer's fees are generally shared by both parties in proportion. It should be noted that if one party's breach of contract leads to litigation, it usually needs to bear the other party's lawyer's fees. In short, on the issue of the ownership of legal fees, the specific circumstances determine the specific treatment, and the payment responsibility needs to be determined according to the law and the contract.
Legal basis:
Lawyers Law of People's Republic of China (PRC) (revised on 20 17);
Chapter III Law Firms Article 27 Law firms shall not engage in business activities other than legal services.