Attorney's fees are generally borne by the parties who hire lawyers, and can also be borne by the losing party under certain legal circumstances, such as intellectual property disputes such as copyright, patent right and trademark right. For the specific amount of attorney fees, the judge will support it based on the nature of the case and discretion. When a law firm collects lawyer service fees from its clients, it shall issue legal bills to the clients. Lawyers' fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by law firms on behalf of clients in the process of providing legal services are not lawyers' service fees, and shall be paid separately by clients.
When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract.
How much is the lawyer's fee?
Attorney fees are charged as follows:
(1) Lawyers shall collect fees uniformly in the name of their law firm, and shall not collect lawyers' fees privately;
(2) The lawyer's fees are different from the funds for handling cases, and the necessary expenses incurred by the lawyer in handling the entrusted firm must still be borne by the client. Such as transportation, accommodation, judicial expertise fees, etc. ;
(3) Attorney fees are different from legal fees. Lawyer's fee is a civil agency fee based on the principal-agent relationship, and legal fee is a compulsory fee based on bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees.
How is the lawyer's fee charged?
Lawyer's fees are not expressly stipulated in the law, and can be charged according to local conditions and regulations. The analysis is as follows:
1. Piece-by-piece charging, generally for some cases with no bid and small bid, as well as criminal cases;
2, according to the amount of charges, in accordance with the provisions of the Judicial Bureau and the National Development and Reform Commission, according to the amount of land ladder charges;
3. Risk agency fee. There are two kinds of risk agency fees. One is the all-risk agency fee, which is not collected at the entrusted place and settled after winning the case by pressing the button or executing payment.
4. Another kind of semi-risk agency charges part of the fees when entrusting, and the remaining agency fees are charged according to the agreed proportion when the case is won or executed.
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:
(a) the national unified legal professional qualification certificate;
(two) the materials issued by the lawyers association that the applicant has passed the internship assessment;
(3) the identity certificate of the applicant;
(4) A certificate issued by a law firm agreeing to accept the applicant.