Is the lawyer's fee borne by the losing party?

Subjectivity of law: in judicial practice, who entrusts the attorney general's expenses to bear, but sometimes we can ask to lose the case, and the court will support our request under these special circumstances. The amount of compensation shall also include the reasonable expenses paid by the obligee 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 litigant's claims and specific cases, 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 to stop the 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 Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes stipulates: "The people's court may calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation according to the request of the obligee and the specific case. "4. Cases of Unfair Competition Article 20 of the Anti-Unfair Competition Law stipulates that if an operator violates the provisions of this law and causes damage to the infringed operator, he 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 Case of Creditors' Exercise of Cancellation Right in Contract Disputes Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law clearly stipulates: "The necessary expenses such as lawyer's fees and travel expenses paid by creditors in exercising their cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. " 6. Article 2 1 of the Guarantee Law 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: Only when the debtor fulfills his obligations as promised can the creditor's rights and interests be realized. 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. The "expenses for realizing creditor's rights" stipulated in Article 2 1 of the Guarantee Law shall include reasonable attorney's fees. 7. The arbitration of some arbitration cases can support the arbitration request that the lawyer's fee shall be borne by the losing party. The Arbitration Rules of China International Economic and Trade Arbitration Commission (hereinafter referred to as CIETAC Rules) 1994, 1995, 1998 and 2000 have similar provisions. The arbitration tribunal has the right to award the losing party compensation to the winning party for some reasonable expenses incurred in handling the case, but the compensation amount shall not exceed 65,433 of the winning party's winning amount at most. In practice, this fee also includes attorney's fees, but it is limited by the proportion of 10% of the winning amount. However, the latest Rules of the United Nations Commission on International Trade Law (2005 edition) abolished the limit of 65,438+00%, and Article 46 stipulated: "Cost burden: (1) The arbitration tribunal has the right to decide in the arbitration award the arbitration fees and other fees that both parties should eventually 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. When deciding whether it is reasonable for the losing party to compensate the winning party for the expenses incurred in handling the case, the arbitral tribunal shall specifically consider the verdict of the case, the complexity, the actual workload of the winning party and/or the agent, and the disputed amount of the case. " Obviously, this gives the arbitral tribunal greater discretion. 8. Personal injury compensation case Article 1 19 of the General Principles of the Civil Law 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 expenses necessary for legal aid workers to handle legal aid cases are included in the litigation request by the recipient, the court may award them to the losing party who is not the recipient according to the specific circumstances." 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. Second, under what circumstances can the lawyer's fee be returned to the entrusted lawyer? Before handling the relevant business, both parties will sign an agency contract. If there is a clause in the contract to refund the lawyer's fee, the lawyer's fee can be refunded through negotiation if the conditions are met. In addition, if the lawyer's fault violates the corresponding local regulations, he can also negotiate a refund. Take the Notice on Printing and Distributing the Implementation Measures and Standards for the Management of Lawyers' Service Fees in Sichuan Province as an example: According to Article 17 of the Notice on Printing and Distributing the Implementation Measures and Standards for the Management of Lawyers' Service Fees in Sichuan Province, if the client requests to terminate the entrustment relationship due to the lawyer's fault, the law firm shall refund all or part of the lawyer's service fees received or received in advance according to the lawyer's fault liability. If the client requests to terminate the entrustment relationship, and there is no lawyer's fault or the entrustment contract cannot be performed due to the client's fault, the law firm requests to terminate the contract, and the lawyer's service fee charged will not be refunded; If the fee is not prepaid or does not meet the actual workload of lawyers, the law firm may negotiate with the client to collect it according to the entrustment contract. In handling the case, if both parties agree to terminate the contract and the entrustment relationship, the refund amount shall be determined by both parties through consultation. Three. Answering questions related to lawyer's fees: How much is the lawyer's fee for contract disputes below100000 yuan? Lawyer's reply: Pay at the time of entrustment, the Shanghai guide price is 8- 12%, yes, but not less than 3000, and pay later, that is, the risk agent is not higher than 30%. You can communicate directly with lawyers and negotiate fees according to the difficulty of the case. Netizen asked: I was riding a motorcycle to carry my colleague and was hit by a pickup truck. Now I ask a lawyer to handle the compensation. How much is the lawyer's fee? Now my colleague also invites the same lawyer, because it is the same thing. Will he still pay the lawyer's fee? Or should we share this lawyer's fee? Lawyer's reply: * * can be entrusted, and the agency fee depends on the amount of the subject matter of the lawsuit. Suggest an interview with a lawyer.