1. Which cases can the lawyer's fees be borne by the losing party?
1, copyright infringement case
2. Trademark infringement cases
3. Patent infringement cases
4. Cases of unfair competition
5. Litigation cases in which creditors exercise their right of cancellation in contract disputes.
6. Litigation cases of security rights
7. Some arbitration cases
8, personal injury compensation cases
9. Legal aid cases
10. Both parties clearly agreed in the contract that the lawyer's fee shall be borne by the losing party.
(1) With regard to the commitment of attorney's fees, foreign countries generally take "the attorney's fees shall be borne by the losing party" as a general rule, while our country adopts the principle of "whoever hires a lawyer shall bear the attorney's fees", and only when the law or relevant judicial interpretation clearly stipulates, the attorney's fees shall be borne by the losing party. According to the current laws in China, the lawyer's fees for the following litigation-related cases shall be borne by the losing party:
1, copyright infringement case:
Article 48 of the Copyright Law stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; 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 include the reasonable expenses paid by the right holder to stop the infringement. " According to the provisions of Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Copyright Civil Disputes, "the reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the litigation request of the parties and the specific case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
2. Trademark infringement cases:
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes clearly stipulates: "The reasonable expenses paid for stopping infringement as stipulated in Article 56, paragraph 1 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
3, patent infringement cases:
Article 22 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes stipulates: "The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation."
4. Cases of unfair competition
Article 20 of the Anti-Unfair Competition Law stipulates that an operator who violates the provisions of this law and causes damage to the infringed 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 by the infringer 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.
5. Litigation cases in which the creditor exercises the right of cancellation in contract disputes:
"People's Republic of China (PRC) Civil Law" clearly stipulates: "The necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. "
6, security interests litigation cases:
Article 691 of the Civil Code of People's Republic of China (PRC) stipulates: "The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights." Analysis: Creditor's rights can be realized if the debtor performs his debts as promised. Because the debtor fails to perform his obligations, the creditor has to realize his rights through litigation, and the lawyer's fees paid from this are the expenses paid by the parties to realize their creditor's rights and belong to the property losses of the parties.
Article 69 1 of the Civil Code of People's Republic of China (PRC).
The "expenses for realizing creditor's rights" stipulated in Article shall include reasonable attorney's fees.
7. Some arbitration cases
Arbitration can support the arbitration request that the lawyer's fee shall be borne by the losing party. Fees: (1) The arbitration tribunal has the right to decide in the arbitration award the arbitration fees and other fees that the parties should finally pay to the arbitration commission. (2) The arbitral tribunal has the right to award the losing party compensation for the reasonable expenses incurred by the winning party in handling the case according to the specific circumstances of the case.
8, personal injury compensation cases:
The Civil Code stipulates: "Anyone who infringes on a citizen's body and causes damage shall pay compensation for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses. ; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. " Paragraph 3 of Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If the victim dies, the compensation obligor shall compensate funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, lost time due to work and other reasonable expenses according to the situation of rescue and treatment."
9. Legal aid cases
Article 7 of the Joint Notice of the Ministry of Justice of the Supreme People's Court on Several Issues concerning Civil Legal Aid: "If the recipient is included in the litigation request, the court may order to pay the expenses necessary for legal aid workers to handle legal aid cases, such as travel expenses, printing fees, transportation and communication fees, investigation and evidence collection fees, etc. It is borne by the losing party who has not received assistance. " Therefore, when handling legal aid cases, lawyers suggest that the lawyer's fee should be included in the litigation request, requiring the defendant to bear it.
10. Both parties clearly agreed in the contract that the lawyer's fee shall be borne by the losing party.
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request about lawyer's fee will generally be supported in prosecution or arbitration.
Two, the provisions of the state lawyers to undertake business fees.
(a) Acting as a perennial legal adviser.
1. The annual fee is 15000 to 100000 yuan if you work in a joint stock limited company, group company, head office or foreign-funded enterprise; If you include subsidiaries, member companies, branches or overseas companies, you can charge more than this standard;
2, limited liability companies, general companies, small and medium-sized enterprises, the annual fee of 5000 yuan to 50000 yuan;
3, individual citizens, self-employed, the annual fee of 2000 yuan to 15000 yuan.
(2) Handling civil, economic and administrative cases (including litigation, arbitration and state compensation cases, etc.). ) The standard cost of the target is calculated quickly, and the part below 65438+ 10,000 yuan is 5% 65438+ 10,000 yuan, 5,000 yuan 65438+ 10,000 yuan to 200,000 yuan, 3% 200,000 yuan to 80,000 yuan, 200,000 yuan to 500,000 yuan, and 500,000 yuan to 1 10,000 yuan. Double the fees for foreign-related cases.
(3) For handling civil and administrative cases or legal affairs without property subject matter, the charge is 3,000 yuan to 1 10,000 yuan each.
(4) Handling non-litigation legal affairs (including drafting, reviewing, amending contracts or articles of association, issuing legal opinions, entrusting investigation, witnessing, participating in project negotiation, mediation, negotiation and drafting various legal documents, etc.). ), the standard cost of the target should be calculated quickly, the amount is less than 500,000 yuan1%500,000 yuan, and the amount is between 500,000 yuan and 654.38 million yuan. Double the fees for foreign-related cases.
(5) as a criminal defense.
1, accepted in the investigation stage, with a cost of 30,000 yuan and a minimum of 20,000 yuan;
2. If it is accepted in the stage of examination and prosecution, the charging standard is 20,000 yuan, and the minimum is not less than15,000 yuan;
3, accepted in the trial stage, the charging standard is 10000 yuan, the minimum is not less than 8000 yuan;
4, suspected of economic crimes, complex and difficult cases, according to the above standards twice the charges.
(six) otherwise stipulated in this standard, or there are special circumstances, can negotiate with the parties to charge. In practice, we should also consider the local prices, the level of economic development, and the charging standards stipulated by local provinces.
Bian Xiao's summary ends here. If you have more questions about this, please feel free to consult. We provide professional legal consulting services, and a professional team of lawyers will answer your questions.