If and the lawyer signed a power of attorney and do not need a lawyer, the two sides according to the agreed way to pay liquidated damages, if there is no agreement or agreement is not clear, the principle of not more than thirty percent of the agreement to pay, here the agreement refers to the two sides agreed on the lawyer's fees.
"The Chinese people*** and the State Contract Law" Article 114 provides that the parties may agree that a party shall pay a certain amount of liquidated damages to the other party in accordance with the default, and may also agree on the calculation of the amount of damages arising from the breach of contract.
The agreed liquidated damages is lower than the loss caused, the parties may request the people's court or arbitration institution to be increased; agreed liquidated damages is too high than the loss caused, the parties may request the people's court or arbitration institution to be appropriately reduced. The parties on the delayed performance of the agreed liquidated damages, the defaulting party to pay the liquidated damages, should also fulfill the debt.
That is to say, the parties to the contract agreed in the contract of a party or parties in breach of contract, the defaulting party to pay the contracting party a certain amount of money to make up for the loss of the contracting party at the same time both the role of punishing the breach of contract liability.
After assuming responsibility for breach of contract, whether to continue to perform or take remedial measures, can be determined by the parties to the contract. However, the parties on the delayed performance of the agreed liquidated damages, the defaulting party to pay the liquidated damages, but also should fulfill the debt.
If the non-defaulting party proposes to require the defaulting party to continue to perform the contract, the defaulting party shall continue to perform the contract after paying the liquidated damages. And, if the parties agreed to liquidated damages for delayed performance of liquidated damages, the defaulting party to pay liquidated damages after the order to continue to perform the contract debt. But if there is a law that is not suitable for the continuation of the contract, the defaulting party may not continue to perform.
Extended information:
The creditor or the debtor completely fails to perform or improper performance of the debt, it must be agreed to pay the other side of a certain amount of money. Liquidated damages are a type of security for a debt and an economic sanction for breach of contract. Liquidated damages are created to guarantee the fulfillment of a debt, even if the other party has not suffered any property damage, the liquidated damages must be paid according to the law or the provisions of the contract.
The standard of liquidated damages is set by law or agreed in writing by both parties in the contract. There are two kinds of liquidated damages:
1, punitive liquidated damages, its role in the punishment, if the other party suffered property damage due to breach of contract, the defaulting party in addition to the payment of liquidated damages, should also be compensated for the other party's losses.
2, compensatory liquidated damages, is a party to the contract because of the other party may suffer property losses, a pre-estimate, paid liquidated damages, that is, exempted from the defaulting party to compensate the other party for property losses suffered the responsibility; even if the loss is greater than the liquidated damages, but also no longer compensated.
"The Chinese people's *** and the state economic contract law" article 35, the party violates the economic contract, shall pay to the other party liquidated damages. If the damage caused to the other party as a result of the breach of contract exceeds the liquidated damages, compensation shall also be made for the shortfall in the liquidated damages.
"Lawyers fees management measures" article 16 provides that the law firm accepts the entrustment, shall sign a contract with the client lawyer service fee contract or in the entrusted agent contract contains fee terms. Fee contract or fee terms shall include: fees, fees, fees, fees, fee amount, payment and settlement, dispute resolution.
Article 10 stipulates that the fees for lawyers' services can be based on different service contents, and adopt piece-rate fees, proportionate fees according to the amount of the subject matter, and hourly fees and so on. Piece rate generally applies to legal affairs that do not involve property relations; Proportionate fee according to the subject matter applies to legal affairs that involve property relations; Hourly fee can be applied to all legal affairs.
Baidu Encyclopedia - Lawyer's Fee Management Measures
Baidu Encyclopedia - Contract Law of the People's Republic of China