Legal analysis: The collection of attorney fees in our country has long been a situation in which the parties agree to bear it in judicial practice.
There are three main models in the world for bearing lawyers' fees in civil litigation: one is borne by the losing party, the other is based on the parties' applications and supplemented by applications under special circumstances, and the third is based on the parties' applications. The main mode is the main mode, and the application for clear exceptions is the auxiliary mode.
Theoretically, there are two different views on the issue of attorney fees:
The attorney fees should be borne by the losing party. The main reasons are:
(1 ) Attorney's fees are an indirect loss to the losing party and should be compensated.
(2) Attorney fees should be borne by the losing party and there is a corresponding legal basis.
(3) Legal fees shall be borne by the losing party, which is conducive to reducing abuse of litigation.
(4) It is a common practice in many countries and regions that attorney fees should be borne by the losing party.
Attorney fees should be borne by the party who hires the lawyer. The main reasons are:
(1) Attorney fees are the fees paid by the party to the lawyer during the litigation process:
(1) The current regulations on attorney fees only apply to some areas and cannot be understood as the legal basis for the losing party (the party at fault) to bear attorney fees. (2) Whether to hire a lawyer is the right of the parties, not a mandatory act. The court The outcome of the case will not be changed because the parties hire a lawyer. Therefore, hiring a lawyer is not the party's right. Change the outcome of the case, so there is no inevitable causal relationship between hiring a lawyer and litigation. (3) my country's current regulations on lawyer fees are not completely unified. The parties and the entrusting lawyer can negotiate, and the court's accuracy in defining lawyer fees is very Difficulty (4) Bearing attorney fees by the losing party may also lead to malicious competition among lawyers, which is not conducive to the current legal construction of our country.
Legal basis: "Measures of the People's Republic of China and the State on the Administration of Lawyer Fees"
Article 4 stipulates that lawyer service fees shall be subject to government-guided prices and market-regulated prices.
Article 5 Law firms provide the following legal services in accordance with the law at government-guided prices: (1) Agency for civil litigation cases (2) Agency for administrative litigation cases (3) Agency for state compensation cases (4) Provision of legal consultation for criminal suspects , acting as an agent for complaints and accusations, applying for bail pending trial, acting as a defender for defendants or private prosecutors, and acting as an agent for victims. (5) Acting for various types of litigation cases. (6) Acting for various types of litigation cases. The law firm provides other legal services and charges are implemented in the market. Adjust price.