First, who will bear the legal costs of prosecution?
The lawyer's fee shall be paid by the party requesting the lawyer. However, in civil cases, when one party becomes the defendant, if the party hires a lawyer to defend it and the plaintiff wins the case, it can ask the plaintiff to pay this fee (the law supports one party to repay the necessary fee paid by the other party for the trial of the case).
Court case acceptance fee:
According to the Measures for Payment of Litigation Fees
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
The part exceeding 6,543,800 yuan to 6,543,800 yuan shall be paid according to;
If the acceptance fee of the first-instance case is calculated as 200 million yuan, you should pay 300 yuan in advance. If one party refuses to accept the judgment of the first instance and starts the procedure of the second instance, it shall pay the acceptance fee of the first instance in advance.
(2) Non-property cases
1. Divorce cases, each case 10-50 yuan, involving the division of property, the total amount of property does not exceed 10000 yuan, without additional charges; If it exceeds 1 10,000 yuan, the excess shall be paid as 1%.
2. 50 yuan to 100 yuan per case of infringement of the right to name, name, portrait, reputation and honor.
3 cases of infringement of patent rights, copyright and trademark rights, each pay 50 yuan to 100 yuan; The disputed amount shall be paid according to the charging standard of property cases.
4. Labor dispute cases, each from 30 yuan to 50 yuan.
5. For other non-property cases, 10 pays 50 yuan in each case.
Two, the two sides clearly agreed in the contract, 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. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. When drafting such a breach of contract clause, special attention should be paid to clearly stating "lawyer's fees". Others, such as the "fees for realizing creditor's rights", are not clear and may not be supported by lawyer's fees. The court's examination of this agreement is very strict. The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee.
To sum up, if the case is a traffic accident case, or the contract clearly stipulates that the losing party shall bear the lawyer's fees, then the winning lawyer's fees in civil litigation may be required to be borne by the losing party.