1. The lawyer's fee shall be paid by the party requesting the lawyer. However, in civil and commercial cases, when one party becomes the defendant, if the party hires a lawyer to defend it and the plaintiff wins the case, it can ask the plaintiff to pay this fee (the law supports one party to pay the necessary fee paid by the other party for the trial of the case).
2. After the people's court accepts a civil lawsuit, the plaintiff who initiated the lawsuit will generally pay the case acceptance fee in advance, and the plaintiff will pay in advance within 7 days from the day after receiving the notice of the people's court to pay the legal fee in advance. If the defendant files a counterclaim, he shall pay the counterclaim fee in advance when submitting the counterclaim to the people's court. If both parties appeal, the parties to the appeal shall pay in advance respectively.
3. If it is really difficult for the parties to pay the case acceptance fee in advance, they may apply to the people's court for deferral during the prepayment period. If the party concerned fails to pay the acceptance fee and appeal fee in advance and fails to apply for an extension, it shall be handled as automatic withdrawal. Who will bear the specific litigation costs will be decided according to the trial situation after the trial of the case.
Legal basis:
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases Article 22 The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation.
The amount of compensation for infringement of the exclusive right to use a trademark in Article 56 of the Trademark Law of People's Republic of China (PRC) refers to the benefits gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.
Article 48 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation should also cover the anti-unfair competition law. Article 20 A business operator who violates the provisions of this Law and causes damage to the infringed business operator shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests. Including the reasonable expenses paid by the obligee to stop the infringement.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 20 A business operator who violates the provisions of this Law and causes damage to the infringed business operator shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests.