1. Is the defendant's attorney's fee borne by the plaintiff?
In civil litigation, the legal fees are allocated by the court according to the actual situation of the case, and who generally loses the lawsuit. As for the lawyer's fee, if there is an agreement, it can be agreed. If there is no agreement, whoever asks for a lawyer will pay.
The litigation costs shall be borne by the losing party;
(1) The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them.
(2) If the case is partially won or partially lost, the court shall, according to the specific circumstances of the case, decide the amount of litigation costs borne by each party.
(3) If * * * loses the case with the litigant, the court shall decide the amount of litigation expenses according to the interest relationship between the litigant and the litigation object.
The relevant contents of the Measures for Payment of Litigation Costs stipulate that the litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
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.
Second, the lawyer's fees shall be borne by the defendant.
(1) In case of contract dispute, the creditor's right to cancel. Legal basis: The Civil Code (contract) stipulates: "The necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. "
(2) Copyright civil dispute cases. Legal basis: The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes stipulates: "The reasonable expenses paid for stopping the infringement as stipulated in the relevant contents of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
(3) Trademark civil dispute cases. Legal basis: The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: "The reasonable expenses paid by the obligee or entrusted agent as stipulated in the relevant contents of the Trademark Law to stop the infringement include the reasonable expenses for investigation and evidence collection of the infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
Can the defendant's lawyer see the plaintiff?
As we all know, the defendant's defense lawyer can meet and correspond with the criminal suspect and the defendant. Now the main discussion is whether the defense lawyer can meet the plaintiff. Whether it is a private prosecution case or a criminal incidental civil case, in a public prosecution case, the prosecutor is the plaintiff, so we will not discuss it. This paper mainly discusses the meeting between defense lawyers and victims. The relevant content of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence, or apply to the people's court for notifying witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. In this way, with the permission of the people's procuratorate or the people's court, and with the consent of the victim, the defense lawyers of the criminal suspect and the defendant can collect materials related to the case from the victim, that is, they can see the victim. Legal provisions: People's Republic of China (PRC) Criminal Procedure Law stipulates that with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case, apply to the people's procuratorate or people's court for collecting and obtaining evidence, or apply to the people's court for notifying witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
The above is related to whether the defendant's lawyer's fees shall be borne by the plaintiff. You'd better hire a lawyer when you go to court. After all, people are professional and familiar with all aspects of the process, which can save a lot of time and energy. Although it cost a little money, it is still worthwhile on the whole.