When there is a debt dispute. As for the legal fees, Du plaintiff usually requires the defendant to bear the legal fees when suing. How to bear the legal fees depends on the different circumstances of the case, and it is a principle provision that the losing party should bear it.
Lawyer fees should be introduced in the following circumstances;
(1) Laws and judicial interpretations clearly stipulate that the losing party shall bear the reasonable attorney's fees of the winning party, such as legal aid cases, copyright infringement cases, trademark infringement cases, patent infringement cases, unfair competition cases, litigation cases in which creditors exercise their cancellation rights in contract disputes, and security rights litigation cases.
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, then in the process of prosecution or arbitration, the litigation request about lawyer's fee will generally be supported. 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.
1. In case of contract dispute, the creditor exercises the right of cancellation.
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 (I): "The necessary expenses such as lawyer's agency 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
Article 49 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. "
3. Trademark civil dispute 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: "The reasonable expenses paid by the obligee or entrusted agent to stop the infringement include the reasonable expenses for investigating and collecting evidence of the 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. "
4. Patent dispute cases
"Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases" 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." 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". "
5. Cases of disputes over security rights
The Guarantee Law stipulates: "The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights." Creditor's rights can be realized if the debtor performs his debts according to the contract. Because the debtor fails to perform his obligations, the creditor has to realize his rights through litigation. The lawyer's fees thus paid are the fees 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 the guarantee law shall include reasonable attorney's fees.
6. Cases of unfair competition
The Anti-Unfair Competition Law stipulates: "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; It should also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator against his legitimate rights and interests. "
7, personal injury compensation, reputation infringement, traffic accident cases
"General Principles of the Civil Law": "Anyone who infringes on a citizen's body and causes damage 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. "
The Interpretation of the Supreme People's Court 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 the funeral expenses, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses, lost time due to work and other reasonable expenses according to the rescue and treatment situation."