1. Legal aid cases
"Joint Agreement between the Supreme People's Court and the Ministry of Justice on Several Issues concerning Civil Legal Aid" Article 7 of the Notice stipulates: “If the travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection expenses and other expenses necessary for legal aid personnel to handle legal aid cases are included in the litigation claims by the recipient, the court may decide based on the specific circumstances. To the losing party who is not the recipient. ”
2. Related intellectual property infringement cases
According to the provisions of the Copyright Law, the Anti-Unfair Competition Law and relevant judicial interpretations, copyright infringement cases The winning party in a trademark infringement case, patent infringement case, or unfair competition case may require the losing party to bear reasonable attorney fees.
3. Litigation cases in which creditors exercise their right to cancel in contract disputes.
Article 26 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)" stipulates: "The lawyer's agency fees, travel expenses, etc. paid by the creditor to exercise the right of revocation shall be necessary The expenses shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared. ”
4. Security rights litigation cases
The scope of security includes the principal claim and interest, liquidated damages, and damages. Compensation and costs of realizing claims. "The 'expenses for realizing claims' here should include reasonable attorney's fees.
5. Arbitration cases
According to the arbitration rules of the China International Economic and Trade Arbitration Commission, the arbitral tribunal has the right to The award ruled that the losing party should compensate the winning party for some reasonable expenses incurred in handling the case.
Lawyer's rights in civil litigation
The litigation rights of lawyers in civil litigation are divided into the litigation rights enjoyed by law and the litigation rights obtained based on the principal-agent relationship. The litigation rights enjoyed by law mainly refer to the lawyer's participation in civil litigation based on his special status according to the provisions of my country's Civil Procedure Law. Rights enjoyed. In civil litigation representation activities, lawyers enjoy the following legal litigation rights and the right to investigate and collect evidence. Lawyers have the right to investigate, collect evidence, and review documents from relevant units and individuals, and relevant units and individuals have the responsibility to provide support; The right to access and copy materials and legal documents related to this case; the litigation right to appear in court to perform duties; the right to terminate or resign the client relationship; and other litigation rights stipulated by law.
According to the Lawyers Law and the Civil Rights Law. According to the relevant provisions of the Procedural Law, lawyers' rights mainly include the following:
1. When lawyers carry out civil litigation representation in accordance with the law, they are not subject to illegal interference by any unit or individual, and enjoy the right to practice independently and are subject to National legal protection.
2. In civil litigation, lawyers have the right to access case files and conduct investigations from relevant units and individuals. If you agree, the lawyer can investigate and collect evidence from him.
3. The lawyer has the right to ask questions to the parties, witnesses and appraisers in court with the permission of the presiding judge; has the right to apply to notify new witnesses to appear in court to testify; and has the right to apply for new witnesses. evidence; the right to read witness testimonies, appraisal conclusions and inspection records in court.