Normal entrustment requires payment and entrustment procedures first. If you are a risk agent, you must first go through the formalities and wait until you win the case before making payment. If you lose the case, no payment will be made. However, risk agents should charge higher fees. Usually 10 or more. When many people are involved in a lawsuit, they often choose to entrust a lawyer to help them fight the lawsuit. This is better. After all, lawyers must be more professional and know how to win a lawsuit. However, hiring a lawyer to litigate a lawsuit will cost you a certain amount of money. So how do you pay a lawyer for a lawsuit? The editor will answer your questions below.
1. How to pay a lawyer for a lawsuit? Lawyer fees are lawyer agency fees, which refer to the remuneration that a lawyer should charge for representing a client in legal matters. There are currently three ways to charge attorney fees:
1. Regular fees. Regular fees are based on the level of the litigation procedure. The litigation procedure is a "second instance and final trial" system, that is, the litigation is divided into the first instance stage and the second instance stage. The first instance is filed. Litigation is the first instance. After the first instance judgment or ruling, if one party is dissatisfied, it can file a second instance. The second instance judgment is final. Under normal circumstances, no further litigation is allowed. However, in reality, enforcement procedures are initiated after the judgment. That is, after the judgment, if the other party fails to perform the contents determined in the judgment, the other party applies to the court to enforce the other party’s property so that the contents of the judgment can be realized (that is, what is usually called sealing and detaining property). Correspondingly, lawyer fees also include three stages: first-instance fees, second-instance fees, and execution procedure fees.
2. Lump-sum charging Lump-sum charging means charging a fee once and then being responsible for the case to the end, that is, only charging a fee once and being responsible for the three stages of first instance, second instance, and execution. The charging standards are appropriately increased on the basis of the first-instance charges in the regular charges.
3. Risk charges Risk charges refer to charging a smaller fee before the judgment, mediation, or settlement is paid, and then charging a higher fee after the case is won or the money is paid. The charging standard is that the initial fee is about 2,000-10,000, and after winning the lawsuit, the fee is 10-30 of the amount. The above charging methods are determined through negotiation between the lawyer and the client based on the specific circumstances. In short, the method of charging a lawyer and the amount of legal fees charged are determined by the lawyer and the client within a certain range through negotiation. How to charge for a specific case and how much attorney fees to charge should be determined through negotiation with the individual lawyer.
2. Who bears the cost of hiring a lawyer to litigate the lawsuit? Generally, the client pays the lawyer's fees, but under special circumstances it is borne by the defendant. According to the relevant provisions of our country's laws, the defendant bears the lawyer's fees in the following circumstances: :
1. Legal aid cases. Legal basis: Article 7 of the "Joint Notice of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid Work": "Travel expenses, printing fees, transportation and communication fees, investigation and evidence collection fees, etc. required by legal aid personnel to handle legal aid cases are necessary for handling the case. If the aided party includes the expenses in the lawsuit, the court may order the non-aided losing party to bear the expenses according to the specific circumstances." Therefore, when lawyers handle legal aid cases, it is recommended that the lawyer's "necessary expenses for handling the case" be included in the litigation request and required to be borne by the defendant.
2. Arbitration cases. Legal basis: The 1994, 1995, 1998 and 2000 editions of the China International Economic and Trade Arbitration Commission Arbitration Rules (referred to as the CIETAC Rules) all have similar provisions. The arbitral tribunal has the right to rule in the award that the losing party should compensate the winning party. Because it is part of the reasonable expenses incurred in handling the case, the amount of compensation shall not exceed 10% of the winning amount of the winning party. The CIETAC Rules (2005 edition) cancels this 10-limit limit, and Article 46 stipulates: "Fee borne: (1) The arbitral tribunal has the power to determine in the arbitration award the arbitration fees ultimately payable by the parties to the arbitration commission. and other expenses. (2) The arbitral tribunal has the right to rule in the award based on the specific circumstances of the case that the losing party should compensate the winning party for the reasonable expenses incurred in handling the case.
When the arbitral tribunal determines whether it is reasonable for the losing party to compensate the winning party for the expenses incurred in handling the case, it shall specifically consider factors such as the outcome of the case, the complexity, the actual workload of the winning party and its agent, and the amount in dispute of the case." In In practice, the fee should include attorney's fees, but the arbitral tribunal has great discretion on the issue of bearing the fees.
3. Legal basis: "Supreme People's Court on the Trial of Patent Disputes." "Several Provisions on Legal Issues Applicable to Dispute Cases": "Article 22 The People's Court may, based on the request of the right holder and the specific circumstances of the case, calculate the reasonable expenses paid by the right holder to investigate and stop the infringement within the scope of the compensation amount. " If attorney's fees are to be calculated within the defendant's compensation amount in a patent dispute case, it must be based on "reasonable expenses paid for investigating and stopping infringement."
4. Security rights dispute cases . Legal basis: Article 21 of the "Guarantee Law" stipulates: "The scope of the guarantee includes the main creditor's rights and interest, liquidated damages, damages and costs of realizing the creditor's rights. "If the debtor performs its debts in accordance with the contract, the creditor's rights and interests can be realized. Because the debtor fails to perform its obligations, the creditor has to realize its rights through litigation. The attorney fees paid thereby are the expenses incurred by the party to realize its creditor's rights. For property losses belonging to the parties, the "expenses for realizing the creditor's rights" stipulated in Article 21 of the "Guarantee Law" shall include reasonable attorney's fees.
5. Legal basis for unfair competition cases: "Anti-Unfair Competition." Article 20 of the Law "If an operator violates the provisions of this Law and causes damage to the offended operator, he shall be liable for damages. If the offended operator's loss is difficult to calculate, the amount of compensation shall be the amount of the infringer's infringement due to the infringement during the infringement period. The profits obtained; and shall bear the reasonable expenses paid by the infringed operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests. "
6. Compensation for personal injury, reputation infringement, and traffic accident cases. Legal basis: Article 119 of the General Principles of the Civil Law: "Whoever infringes upon a citizen's body and causes injury shall be compensated for medical expenses, loss of income due to missed work, Living allowances for the disabled and other expenses; if death occurs, funeral expenses, necessary living expenses for the deceased’s dependents and other expenses must also be paid. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17, paragraph 3, "If the victim dies, the compensation obligor shall, in addition to compensation for the relevant expenses stipulated in paragraph 1 of this article based on the rescue and treatment conditions, Compensation should also be made for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work lost by relatives of the victim for funeral matters. " Under normal circumstances, whichever party appoints a lawyer will pay the lawyer's fees. However, there are exceptions in practice, that is, in the above-mentioned six situations, the plaintiff can ask the defendant to bear the lawyer's fees. As for the specific request, The editor has explained the issue of how to pay lawyers for litigation above. I hope it will be helpful to you.