The lawyer's fee is usually paid by the client, that is, whoever hires a lawyer pays. However, in some cases, the lawyer's fees shall be borne by the losing party, including the contract clearly stipulates that the lawyer's fees shall be borne by the losing party, legal aid cases, intellectual property cases (such as trademark rights and patent rights, etc.). ), unfair competition cases, creditors exercise the right to cancel.
The role of lawyers in litigation is:
1, lawyers can help the parties analyze the case, advantages and disadvantages;
2. Lawyers can help the parties to investigate the evidence;
3. After accepting employment litigation, lawyers appear in court to participate in litigation, participate in court investigations and court debates, and state their opinions and requirements according to law.
Some skills of hiring a lawyer generally include:
1, hire a professional lawyer. When you encounter cases in different fields and different natures, you should find a lawyer with expertise in this field to safeguard the legitimate interests to the maximum extent.
2. Hire an experienced lawyer.
3. Hire lawyers with strong comprehensive quality.
To sum up, if the plaintiff wins a civil and commercial case, he can ask the other party to pay the lawyer's fee, especially in personal tort cases such as traffic accidents, medical disputes and personal injuries, or in some cases, the court can support the lawsuit of the losing party to bear the lawyer's fee.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 28
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.