Who will pay the lawyer's fee?
Under normal circumstances, the legal fees and litigation costs shall be borne by the client himself; Cases in which the lawyer's fees are borne by the losing party include cases in which the creditor exercises the right of revocation, civil cases of copyright and trademark rights, etc. Cases in which the losing party should bear reasonable legal fees as appropriate include disputes over patent rights and security rights, unfair competition, personal injury compensation, reputation infringement and traffic accidents, legal aid cases and arbitration cases.
(1) Generally speaking, the attorney's fee shall be borne by the client himself.
1. The existing provisions on legal fees are only applicable to some fields and cannot be understood as the legal basis for the losing party (the wrong party) to bear legal fees;
2. Whether to hire a lawyer is the right of the parties concerned, not a necessary act. The court will not change the outcome of the case because of whether the parties hire a lawyer or not, so there is no necessary causal relationship between hiring a lawyer and bringing a lawsuit;
3. China's current relevant regulations do not completely unify the charging standards for lawyers, and the parties and entrusted lawyers can negotiate on their own, so it is difficult for the court to define the accuracy of charging;
4. The losing party's legal fees may also lead to malicious competition among lawyers, which is not conducive to the current legal system construction in China.
(2) In civil litigation, the lawyer's fees shall be borne by the losing party.
1. In case of contract dispute, the creditor exercises the right of cancellation. According to the law, 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.
2. Copyright civil dispute cases. According to the law, the reasonable expenses paid to stop the infringement include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence of the 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.
3, trademark rights civil dispute cases. According to the law, the reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 17 and Article 56 of the Trademark Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the 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) The judicial arbitration organ may, at its discretion, decide that the losing party shall bear reasonable attorney fees.
1, patent dispute case. According to the law, the people's court can calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation according to the request of the obligee and the specific case. If the lawyer's fee for a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the premise of "reasonable expenses paid for investigating and stopping the infringement".
2. Disputes over security rights. According to the law, the scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If the debtor performs the debt according to the contract, the creditor's rights and interests can 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" shall include reasonable attorney's fees.
3. Cases of unfair competition. According to the law, if a business operator violates the provisions of this law and causes damage to the infringed business 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.
4, personal injury compensation, reputation infringement, traffic accident cases. According to the law, if a citizen's body is damaged, he shall compensate 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.
5. Legal aid cases. According to the law, legal aid workers need to pay travel expenses, printing fees, transportation and communication fees, investigation and evidence collection fees and other expenses when handling legal aid cases. If the claim includes the donee, the court may award it to the losing party who is not the donee according to the specific circumstances. Therefore, when handling legal aid cases, lawyers suggest that the lawyer's "necessary expenses for handling cases" be included in the litigation request, requiring the defendant to bear it.
6. Arbitration cases. According to the law, the arbitral tribunal has the right to award that the losing party should compensate the winning party for some reasonable expenses incurred in handling the case.
The above only involves the determination of attorney fees in civil litigation cases, and other legal provisions on attorney fees are not included. In different cases, the undertakers of attorney fees are different and should be reasonably determined according to specific cases. When going to court, we should be clear about the problem of bearing expenses, avoid unnecessary capital expenditure, and also consult a lawyer.