1, if the anchor is in fundamental breach of contract. Moreover, there is no evidence that the brokerage company has breached the contract, and it will be very difficult to win the case. It is best to consider which scheme can make you pay the least liquidated damages and minimize the losses;
2. If the anchor receives a court summons. After signing, you need to sign for it and go to the court to understand the case. The anchor of the party concerned has the right to consult the complaint of the other guild and the evidence of breach of contract submitted by the anchor, consult professionals, prepare evidence and submit defense materials to the court;
3. If the anchor has evidence of the guild's breach of contract and the other party sues, then entrust a lawyer to respond. Consider counterclaiming. Send counterclaims and materials to the court, it is best to use EMS, and keep the courier documents, which may be used in future lawsuits.
What is the standard of lawyer's fee?
The standard of attorney fees varies according to different cases. The litigation expenses that the parties should pay to the people's court include the case acceptance fee; Application fee; 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 specified by the people's court. When a party conducts a civil lawsuit, it shall pay the case acceptance fee in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations. The legal fees shall be collected by the court and the lawyer's fees shall be collected by the law firm. Legal fees cannot include legal fees. The legal fees shall be borne by the losing party, and generally by the entrusting party, unless it is stipulated by law or agreed in the contract. Lawyer's fee is the fee paid to the law firm by the client who entrusts a lawyer to represent the lawsuit, and is supported by the client. Legal fees are generally paid by the losing party. The legal fees shall be charged on a case-by-case basis or according to the amount of property involved. If it is stipulated in some contracts that the lawyer's fee shall be borne by the losing party, you can claim the lawyer's fee from the other party. Lawyers have to charge fees in the name of their law firm, and the lawyer's fees are different from the funds for handling cases. The necessary expenses incurred by the lawyer in handling the entrusted matters shall still be borne by the client. Legal fees refer to the fees that should be paid by the parties when they bring a lawsuit to the people's court, including case acceptance fees and related litigation fees.
To sum up, according to the relevant laws and regulations, the litigation expenses include the case acceptance fee, application fee, and the transportation, accommodation, living expenses and lost time expenses incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date specified by the court. Obviously, legal fees do not include legal fees. At the same time, the legal fees are charged by the court, while the lawyer's fees are charged by the lawyer, so the legal fees cannot include the lawyer's fees. The legal fees shall be borne by the losing party, but the attorney's fees shall generally be borne by the entrusting party, unless it is stipulated by law or agreed in the contract.
Legal basis:
Article 18 of the Lawyers Law of People's Republic of China (PRC)
To establish a law firm, an application shall be submitted to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and the department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, make a review and make a decision on whether to approve the establishment. If the establishment is approved, the practice certificate of law firm shall be issued to the applicant; If the establishment is not approved, the reasons shall be explained in writing to the applicant.