1. Attorney fees are usually borne by the client. Generally speaking, whoever hires a lawyer pays.
2. However, according to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request for lawyer's fee will generally be supported in the process of prosecution or arbitration.
3. Legal basis: Article 6 of the Measures for Payment of Litigation Costs The litigation costs that the parties should pay to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
Two. Can an incidental civil action be brought during the second trial?
According to the relevant judicial interpretation of the Criminal Procedure Law, if no incidental civil action is filed during the first instance, the people's court of second instance may conduct mediation according to law; If mediation fails, the parties concerned shall be informed that they can file a civil lawsuit separately after the criminal judgment or ruling takes effect. In other words, the law stipulates that an incidental civil action should be filed during the first instance. If you did not file an incidental civil action during the first trial, but filed it during the second trial, the court can only mediate your claim. If the mediation is successful, you can get compensation and the dispute will be solved. If mediation fails, the court of second instance will not judge your claim, but inform you that you can file another civil lawsuit after the criminal judgment or ruling takes effect, asking the other party to compensate you for your material losses.
We can learn that according to the regulations,
The attorney's fee is usually borne by the client. Generally speaking, whoever asks a lawyer pays, because this is an entrustment contract, you and the lawyer are both parties to the contract and only bind you both.
I hope everyone understands. The above is the content compiled by Bian Xiao. If you don't understand anything, you can consult the relevant lawyer.