If you want to bring a lawsuit to the court, you need to submit the materials and evidence of the formalities and pay a certain fee. If you are the defendant, whether you need to bear the legal fees and attorney fees is also a concern of many people. So does the defendant have to bear the plaintiff's attorney's fee? Let me give you a detailed introduction to the relevant knowledge.
1. Does the defendant have to bear the plaintiff's attorney's fees?
1. According to Article 29 of the Measures for Payment of Litigation Costs, it indicates that the litigation costs shall be borne by the losing party unless the winning party voluntarily proposes to bear them; However, if some cases win and lose, the people's court will decide the litigation costs borne by the parties to the case according to the circumstances of the case; If * * * loses the case with the litigant, the court will decide the litigation costs borne by the litigant according to the interests in the litigation object.
2. Whether the attorney's fees shall be borne by the losing party is clearly stipulated: Article 22 of the Supreme People's Court's Opinions on Further Promoting the Simplification and Diversion of Cases and Optimizing the Allocation of Judicial Resources guides the parties to conduct honest and rational litigation. Intensify the crackdown on dishonest litigation such as false litigation and malicious litigation, give full play to the leverage of legal fees and attorney fees, standardize the litigation behavior of the parties, and urge the parties to choose an appropriate way to resolve disputes. If a party abuses litigation rights, delays in undertaking litigation obligations and other obvious misconduct, resulting in direct losses to the other party or a third party, the people's court may, according to the specific circumstances, support the innocent party's legitimate request for compensation for reasonable attorney's fees.
3. Whether the lawyer's agency fee of the winning party in civil and commercial cases should be borne by the losing party has been controversial in the legal field, and there is no authoritative conclusion yet. However, "whoever hires or entrusts a lawyer to represent a civil case will bear the litigation agency fee" is a consistent practice in trial practice, which has long been recognized by litigants, lawyers and court judges. Now, with the continuous enhancement of people's legal awareness, this "convention" has gradually attracted the attention of the judicial circles, and some lawyers have also proposed that the lawyer's agency fee should be regarded as a way of loss for the defendant in some cases. Some courts also ruled that the winning party's lawyer's agency fee should be borne by the losing party, but most courts did not support this request.
Second, why should the losing party bear the lawyer's fees of the other party?
1, the law of our country does not clearly stipulate the principle of bearing the lawyer's agency fee. If the court decides that one party's lawyer's agency fee shall be borne by the other party, there is no legal basis.
2. The parties may entrust one or two lawyers as agents ad litem to participate in the litigation. Thus, it is not legal to entrust a lawyer to represent civil litigation, but voluntary. Whether to entrust a lawyer to represent civil litigation depends on the wishes of the parties themselves. Therefore, the lawyer's agency fee arising from asking a lawyer to provide legal services should be borne by me.
3. The legal service itself means that whoever needs this service will bear the corresponding expenses.
3. What's the approximate charge for a criminal lawyer?
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 5000- 10000 yuan.
2. In the stage of review and prosecution, the charge for each piece is 5000- 10000 yuan.
3. The charge for each piece in the first trial stage is 10000-30000 yuan.
4. Non-Beijing cases with particularly difficult family life and meeting the conditions of local legal aid will fall within the scope of the above standards.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
The above is my introduction about whether the defendant should bear the plaintiff's attorney's fee. If you want to hire a lawyer, you can save yourself a lot of trouble and defend yourself better in the trial. If you still don't understand this, I suggest you consult a professional lawyer.