First, who will bear the lawyer's fee for losing the case?
The parties shall bear the loss of the lawyer's fees, but in civil and commercial cases, if one party becomes the defendant and the plaintiff wins the case, he can ask the plaintiff to pay this fee (the law supports one party to repay the necessary expenses paid by the other party for the trial of the case). If you entrust a lawyer with a lawsuit, you must review your 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.
Second, is the lawyer's fee paid first or later?
There is no clear provision in laws and regulations on the way to pay legal fees, which shall be determined by the parties and lawyers through consultation. There are generally two ways to pay the lawyer's fee, one is when signing the entrustment contract, and the other is after the litigation procedure, which belongs to the risk agent. The lawyer's fee in the litigation stage used to be the government-guided price, but now it has been cancelled. The implementation of market price, that is, according to the difficulty of the case, the size of the subject matter, the senior level of lawyers and the charging standards of lawyers in various places, is determined by the parties and lawyers through consultation.
Third, the lawyer's charging method
Attorney's fees are as follows:
1. Regular expenses
Conventional charges refer to the level of litigation procedures, which is a "second instance and final judgment" system, that is, litigation is divided into two stages: first instance and second instance. If one party refuses to accept the judgment or ruling of the first instance, it may file a second instance, and the judgment of the second instance is final. Generally, no lawsuit can be filed.
2. One-time expenses
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution. The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
3. Risk cost
Risk charge means that only a small amount of fees are charged before the execution of judgment, mediation and settlement, and higher fees are charged after winning the case or executing the payment. The charging standard is about 2000- 10000 in the upfront cost, and 10-30% after winning the case.