Attorney's fees can be claimed to the other side
We know that once the lawsuit, will face a variety of litigation costs, attorney's fees and other expenditures, for ordinary people this may be a "sky-high" expenditures, then the attorney's fees can be claimed by the other side? What can be borne by the other party? The following for you in detail, I hope to help you. First, lawyer fees can be claimed on the other side Lawyer fees are usually borne by the client, in common parlance, who asked the lawyer who pays, because this is a contract of entrustment, you and the lawyer is the contract between the two sides, only binding you both. But in some cases, such as the parties to the contract in the contract agreed to bear the main body of the attorney's fees, or in some trademarks, patents and other intellectual property cases, the plaintiff in the complaint requires the defendant to undertake to investigate and stop the infringement of the attorney's fees incurred by the losing party, the court may decide to bear by the losing party. According to the principle of freedom of contract, as long as the parties in the contract has agreed to the attorney's fees borne by the losing party, then in the prosecution or arbitration, on the attorney's fees of the lawsuit will generally be supported. Therefore, the contract between the parties in the preparation of the contract, the lawyer's fee can be included in the content of liquidated damages, and even the lawyer's fee can be borne by the way to assume the standard is also set out in detail. In the preparation of such a breach of contract, must pay special attention to must be clearly written "attorney's fees". The plaintiff in the lawsuit must submit with the law firm signed contract and the law firm issued invoices as evidence of payment of attorney's fees. But the specific amount of support will depend on the judge's discretion, according to the nature of the case discretionary support, usually the court will support the "reasonable" attorney's fees, but not all the costs. Second, lawyer's fees generally how much property-related civil and administrative litigation fees: in the charge of the base fee of 1,000-8,000 yuan on the basis of the amount of the subject matter of the dispute in proportion to the cumulative calculation of the charge: 50,000 yuan (including 50,000 yuan) or less: free of charge 50,000-10,000 (including 10,000 yuan): 8 percent. million):8% 100,000-500,000 (including 500,000 yuan):5% 500,000-1,000,000 (including 1,000,000 yuan):4% 1,000,000-5,000,000 (including 5,000,000 yuan):3% 5,000,000-10,000,000 (including 10,000,000 yuan):2% 10,000,000-50,000,000 (including 50,000,000 yuan):1% 50 million yuan or more three, find a lawyer to fight the lawsuit cost is how to charge Please lawyer to fight the lawsuit need to pay some of the lawyer's fees, we call it attorney's fees. That is, the lawyer's fee, refers to the lawyer for the client to represent the legal affairs should be charged remuneration. At present, there are two kinds of lawyer's fees: 1, regular fees Regular fees are based on the level of litigation procedures, litigation procedures for the "second instance" system, that is, the litigation stage, the second stage, the first time the lawsuit that is the first instance, the first instance judgment or ruling, such as a party does not accept, can be brought to the second instance, the second stage, the second instance, the second instance, the second instance, the second instance. After the judgment or ruling of first instance, if a party is not satisfied, he or she can bring a second trial, and the judgment of the second trial is final, and in general, no further lawsuit can be brought. But in reality, after the verdict and the implementation of the procedure, that is, after the verdict if the other party does not perform the content of the judgment, the other party to apply for the court to enforce the other party's property in order to realize the content of the judgment (i.e., usually referred to as the seizure, seizure of property). Correspondingly, the lawyer's fees, there is a trial fee, the second trial fee, the implementation of the program charges three stages. 2, the package fee package fee is to charge a fee will be responsible for the case in the end, that is, only charge a fee and is responsible for the first trial, the second trial, the implementation of the three stages. Charges in the regular fees in the first instance charges on the basis of appropriate upward. 3, the risk of agency fees The highest agency fee shall not be higher than the amount of contractual agreement of 30% of the amount of the subject matter, but the implementation of market-adjusted price of legal services, except. The lawyer's fees are as follows (a) the agent of civil litigation, administrative litigation, state compensation cases, the fee standard 1 does not involve property relations: 2,000 yuan -30,000 yuan / case. Downward fluctuation: 20% But the amount of less than 2,000 yuan charged at 2,000 yuan. 2 involving property relations, according to the subject matter of the following rates for the implementation of the cumulative charges: according to the subject matter of the fee rate: 100,000 yuan (including 100,000 yuan) 6% 10-500,000 yuan (including 500,000 yuan) 5% 50-1,000,000 yuan (including 1,000,000 yuan) 4% 100-500,000 yuan (including 1,000,000 yuan) 4% 100-500,000 yuan (including 1,000,000 yuan) 4% 100-500,000 yuan (including 1,000,000 yuan) 4% 100-500,000 yuan (including 500,000 yuan) 5 4% The part of 1-5 million yuan (including 5 million yuan) 3% The part of 5-10 million yuan (including 10 million yuan) 2% The part of 10-50 million yuan (including 50 million yuan) 1% The part of more than 50 million yuan Upward and downward fluctuation range:20% However, the cumulative amount of charges less than 2,000 yuan will be charged at 2,000 yuan. 3 hourly fee charges: 200 yuan per hour -2000 yuan, by the law firm and the client in the above range of agreed hourly fee standards and settlement. Up and down range: 20% Increase in the case of counterclaims, counterclaims can be reduced in accordance with the above standards. The case remanded for retrial, the original contractor for the lawyer, you can reduce the original fee standard discretionary fees. (B) for criminal cases fees 1 investigation stage (including the Procuratorate investigation): 2000 yuan -20,000 yuan / piece 2 prosecution stage: 2000 yuan -20,000 yuan / piece 3 trial stage (a trial level): basic court cases of first instance 2000 yuan -20,000 yuan / piece Intermediate and above, the trial stage (a trial level): 2000 yuan -20,000 yuan / piece The first trial of the basic court cases 2000 yuan -20,000 yuan / piece Intermediate and above. Intermediate courts (including intermediate courts) in the first instance of the case 5,000 yuan - 50,000 yuan / piece 4 in the appeal stage to provide legal assistance and retrial defense: Basic court retrial of the case 2,000 yuan - 20,000 yuan / piece Intermediate courts (including intermediate courts) retrial of the case 5,000 yuan - 50,000 yuan / piece The case of the court of the intermediate court (including intermediate courts) retrial of the case 5,000 yuan - 50,000 yuan/case 5 Pro se cases: 2,000 yuan - 20,000 yuan/case 6 (f) criminal civil litigation cases, the criminal part of the above standards, the civil part of the civil case can be in accordance with the standard fee reduction charges. 7 remanded cases, by the original contractor for the lawyer, can be reduced according to the original fee standard discretionary fees. 8 the above can also refer to the civil case time charges standard charges. 9 above standard up and down range: 20% But the amount of less than 2,000 yuan charged by 2,000 yuan. (C) for major, complex, difficult civil litigation, administrative litigation, state compensation cases and foreign cases, law firms can negotiate with the client to determine the amount of fees on top of the above standards, but the maximum shall not exceed two times the above standards, for major, complex, difficult criminal cases, the maximum shall not exceed three times the above standards. Law firms shall not be arbitrary case major, complex, difficult to ask the client to raise the fees. The above is for you to organize the introduction of the "attorney fees can be claimed on the other side" of the relevant legal knowledge, attorney's fees are usually borne by the client, some special cases can be applied for by the losing party. If you have other legal problems, welcome to consult, we will have a professional lawyer to help you.