Is the lawsuit supported by lawyer's fees?

As we all know, in real life, lawyers need to charge a certain fee when accepting entrusted agency, and the lawyer's fee is charged according to industry standards. Therefore, the lawyer's agency fee is supported in civil litigation. The following questions will be answered for you one by one. I hope it will help you if the lawyer's agency fee is supported in civil litigation. First, is the lawyer's agency fee supported in civil litigation?

Yes, you can.

According to 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.

Where the creditor brings a lawsuit of revocation right in accordance with Article 74 of the Contract Law and requests the people's court to revoke the debtor's waiver of creditor's rights or transfer of property, the people's court shall hear the part claimed by the creditor. If it is revoked according to law, the act is invalid from the beginning. If two or more creditors take the same debtor as the defendant and file a lawsuit for cancellation of the same subject matter, the people's court may merge the lawsuits.

Second, the relevant requirements of lawyer's agency fee:

1. Lawyer's fee is a civil agency fee based on the entrustment 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.

2. Lawyer's fees are different from the funds for handling cases, and the necessary expenses incurred by lawyers for handling entrusted affairs must still be borne by the client. Such as transportation, accommodation, and judicial expertise fees.

3. Who will bear the legal costs of civil litigation?

The attorney's fee is usually borne by the client. Generally speaking, whoever asks a lawyer pays, because this is an entrustment contract, you and the lawyer are both parties to the contract and only bind you both. However, in some cases, if the parties to the contract have an agreement on the subject matter of attorney fees, or in some intellectual property cases such as trademark rights and patent rights, if the plaintiff asks the defendant to bear the attorney fees arising from the investigation and stop the infringement in the complaint, the court may decide that the attorney fees 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, we must pay special attention to clearly stating "lawyer's fees". 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.

The above is about whether the lawyer's agency fee is supported in civil litigation. From the above, it can be seen that legally, 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 litigation request for lawyer's fee will generally be supported in prosecution or arbitration. If you still have questions about the above contents, you can consult a lawyer online.