The lawyer's fee for general civil litigation shall be borne by the losing party. Personal injury compensation, reputation infringement, traffic accident cases, legal aid cases, intellectual property cases, arbitration cases, security rights litigation cases, unfair competition cases, etc. Clearly stipulate that the losing party shall bear the reasonable attorney fees of the winning party. The attorney's fee is usually borne by the client. Generally speaking, whoever asks for a lawyer pays for it. Because this is an entrustment contract, you and the lawyer are both parties to the contract, and only the two of you are bound. 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 drawing up such a breach of contract clause, we must pay special attention to it, and we need to clearly state "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.
Legal basis:
Article 1 179 of the Civil Code infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses and hospital food subsidies, as well as the reduced income due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 5 of the Guide to Yunnan Lawyers' Service Charge Industry.
(1) Acting as an agent in civil litigation and arbitration cases.
1. If the property relationship is not involved, the charging standard is 5000-30000 yuan/piece.
2, involving property rights, according to not less than the following standards, using differential progressive system to calculate the proportion of fees:
(1) 5% for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan), and 5,000 yuan for each part less than 5,000 yuan;
(2) 4.2% of 6,543,800 yuan to 500,000 yuan (including 500,000 yuan);
(3) The portion from 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan) is 4%;
(4) 6,543,800 yuan to 5 million yuan (including 5 million yuan) is 3%;
(5) 5 million yuan to 1 ten thousand yuan (inclusive) is 2%;
(6) 1 0,000,000 yuan to 20,000,000 yuan (including 20,000,000 yuan) is1.2%;
(7) 20 million yuan to 50 million yuan (including 50 million yuan) is1%;
(8) 0.5% for the part above 50 million yuan.