Generally speaking, the lawyer's fee of a litigant shall be borne by the party who hires a lawyer, and the litigation fee shall also be paid by the plaintiff to the people's court when filing the case. After the trial of the case was concluded, the people's court made it clear in the judgment that the litigation expenses of the case were borne by the defendant and the lawsuit was filed by the defendant.
However, if it constitutes infringement, the defendant may be required to pay the lawyer's fee. The defendant may be required to bear the lawyer's fees and legal fees in the following cases:
1, legal aid case;
2. Cases of copyright infringement;
3. Trademark infringement cases;
4. Patent infringement cases;
5. Cases of unfair competition;
6. Litigation cases in which creditors exercise their right of cancellation in contract disputes;
7. Security right litigation cases;
8. Consumer civil public interest litigation cases;
9. Commercial arbitration cases;
10, the parties clearly agreed in the contract that the lawyer's fee shall be borne by the losing party.
1. How much does it cost to entrust a lawyer if you owe money?
Charge according to the subject matter of litigation. Standards vary from place to place and can be settled through consultation.
(1) For civil litigation cases that do not involve property relations, the charging standard is 5,000 yuan/piece, and the maximum floating range does not exceed 50%, and the floating range is unlimited.
(two) administrative litigation cases that do not involve property relations, the charging standard is 3000 yuan/piece.
(3) Fees for lawyers to handle criminal proceedings: criminal investigation stage 1, 3,000 yuan/piece;
2, review and prosecution stage, 3000 yuan/piece;
3, the first trial stage of the case, 4000 yuan/piece;
4, death penalty review, as the plaintiff in a criminal private prosecution case or the agent of the victim in a public prosecution case, which does not involve property relations, the fee is 5,000 yuan each time, and the property relations are charged according to the civil case fee standard, and the criminal incidental civil litigation cases are reduced according to the civil case fee standard. On the basis of the benchmark price, the lawyer's fee can be up to 2 times and up to 30%. Those who handle cases of first instance and second instance may be charged less according to the standards of first instance. If only cases of second instance and cases of execution are handled, the fees may be reduced with reference to the fees of first instance. If the retrial procedure is not started in the appeal case, the fee will be charged at 3000 yuan/piece. Cases that are successful in appeal and retrial may be charged according to major, difficult and time-consuming cases. Acting for civil litigation and administrative litigation cases involving property relations, according to the standard of subject matter charges, according to the amount of the subject matter of litigation (dispute) in proportion to the cumulative charges.
Second, how to charge lawyers for work-related injuries?
There is no uniform standard for legal fees in industrial injury litigation cases, that is to say, the fees of industrial injury lawyers need to be determined according to specific cases, and the fees of different litigation objects are also different. In addition to legal fees, there are also legal fees and judicial expertise fees for industrial injury litigation cases, and the required fees are not low. If it is difficult to bear all the expenses due to financial difficulties, you may wish to apply for legal aid or negotiate with a lawyer to reduce the fees.
Third, how do lawyers charge for their complaints?
Ask a lawyer to write a lawsuit for 600-2000 yuan. A law firm shall provide the following legal services according to law and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Supplement:
1. Is the lawyer's fee paid first or later?
Whether to pay the lawyer's fee first or later is not clearly stipulated by law, and it is generally decided by the lawyer and the client through consultation. It can be paid when the entrustment contract is signed, or it can be paid after the lawsuit is over. As long as legal fees do not violate industry standards and market standards.
2. What is the general price of attorney's fees?
How much a lawyer charges for a case depends on the specific situation. According to the different service contents, lawyers' service charges can be piecework charges, proportional charges of the target amount, time charges and risk agency charges. In general criminal cases, the investigation stage is 2000-4000 yuan/piece, the examination and prosecution stage is 3000-5000 yuan/piece, and the trial stage of first instance or second instance is 2000-5000 yuan/piece. In handling property crime cases, in addition to the basic fees charged according to the above standards, fees are charged according to the standards stipulated for handling civil litigation cases of first instance. If there is an incidental civil action, the fees shall be charged according to the standards stipulated for handling civil cases of first instance.
legal ground
Measures for the administration of lawyers' service fees
Twenty-second lawyers' service fees, fees paid on behalf of clients and travel expenses for handling cases in different places shall be uniformly collected by law firms. Without permission, a lawyer may not charge any fees to the client. In addition to the three fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Article 23 A law firm shall accept the entrustment to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases. For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee.