1. Who will bear the legal costs of bringing a lawsuit to the court?
1. Generally, the lawyer's fee for bringing a lawsuit to the court needs to be borne by the party who hires a lawyer. For the winning party, the losing party may be required to pay the litigation-related expenses.
Measures for payment of litigation fees
Article 29 stipulates that the litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
2. If the parties have obvious misconduct such as abuse of litigation rights and delay in undertaking litigation obligations, which has caused direct losses to the parties or a third party, the people's court may support the innocent party's legitimate request for compensation for reasonable legal fees according to the specific circumstances.
3. When the law firm negotiates the fees for lawyer services with the clients, it shall consider the following main factors:
(1) working hours consumed;
(2) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The social reputation and working level of lawyers.
Second, when do you usually find a lawyer to pay?
1. The money needs to be paid on the day when the lawyer is hired, or it can be paid after the lawyer has handled the entrusted matters. The specific time for giving money can be determined by both parties through consultation.
The way the client chooses to pay the lawyer's fees can be agreed with the lawyer in the entrustment contract. In addition, in our country, lawyers accept the management of lawyers' association, and there is a fixed proportion standard for lawyer fees. Lawyers need to charge fees within the scope of industry standards, and violators will be regarded as violating the rules and given certain punishment.
2. Generally speaking, there are two charging modes for attorney fees.
(1) Under normal circumstances, it is in advance, that is, when you sign an entrustment contract with a law firm or lawyer, you have agreed on the agency fee or defense fee. This should be paid in advance.
(2) Risk agency, the parties and lawyers reach an agreement through consultation, and only pay a small amount of fees or not pay in advance. After the case is settled, the amount will be subject to the winning bid. Or the actual judicial effect, pay the lawyer's fee in proportion.
If the parties to a dispute want to entrust a lawyer to handle the dispute, they usually need to pay a lawyer's fee. The amount of such fees is related to the lawyer's popularity and the difficulty of dispute handling. If the attorney fails to pay the lawyer's fee as agreed, disputes will generally arise between creditors and lawyers.