1. The lawyer's fee is generally paid by the party who hires the lawyer, except for the following circumstances:
1. The lawyer's fees for traffic accident cases can be borne by the other party;
2. Both parties clearly stipulate in the contract that the lawyer's fees shall be borne by the losing party or in some intellectual property cases such as trademark rights and patent rights. In the complaint, the plaintiff asked the defendant to bear the lawyer's fees for investigating and stopping the infringement;
3. Laws and judicial interpretations clearly stipulate that the losing party shall bear the reasonable attorney fees of the winning party.
How much should I pay for the lawsuit?
Second, legal fees.
1. In general, the legal fees shall be borne by the losing party;
2. When the plaintiff and the defendant win or lose the case respectively, the people's court decides that both parties shall share the legal costs, in principle, according to the ratio of winning and losing the case;
3. When the losing party is a lawsuit of several people, the court can decide how much each party should bear according to their number and their respective interests with the object of the lawsuit. If there are any expenses arising from self-interest litigation, they shall be borne by the parties;
4. If the lawsuit is withdrawn, the legal fees shall be borne by the plaintiff and charged by half;
5. If an agreement is reached through mediation by the people's court, the legal fees shall be borne by both parties through consultation; If negotiation fails, the people's court shall make a judgment;
6. The burden of all litigation costs in the first instance and the second instance shall be settled by mediation in the second instance, and shall be borne by both parties through consultation; If negotiation fails, it shall be decided by the court of second instance;
7. The burden of legal fees in divorce cases can not be determined simply by winning or losing the case, but by the people's court according to the specific circumstances of the case and the parties;
8. If the plaintiff wins the case, the court shall instruct the defendant to pay the case acceptance fee in advance;
9. As a citizen of a party, if it is really difficult to pay the litigation fees, he may apply for deferment, reduction or exemption, which shall be examined and decided by the people's court.
Three, the court's case acceptance fee:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%; If the acceptance fee of the first-instance case is calculated as 200 million yuan, you should pay 300 yuan in advance. If one party refuses to accept the judgment of the first instance and starts the procedure of the second instance, it shall pay the acceptance fee of the first instance in advance.
(2) Non-property cases
1. Divorce cases, each case 10-50 yuan, involving the division of property, the total amount of property does not exceed 10000 yuan, without additional charges; If it exceeds 1 10,000 yuan, the excess shall be paid as 1%.
2. 50 yuan to 100 yuan per case of infringement of the right to name, name, portrait, reputation and honor.
3 cases of infringement of patent rights, copyright and trademark rights, each pay 50 yuan to 100 yuan; The disputed amount shall be paid according to the charging standard of property cases.
4. Labor dispute cases, each from 30 yuan to 50 yuan.
5. For other non-property cases, 10 pays 50 yuan in each case.
(3), the case lawyer's agency fee.
If the plaintiff wants to hire an agent ad litem to appear in court, the fees charged by lawyers in civil and commercial cases vary from place to place, but the minimum will not be less than 1000 yuan. Lawyers' case agency fees are also divided into first-instance agency fees, second-instance agency fees and execution agency fees.
(four) in the course of litigation, the people's court shall, upon the application of the parties, charge the relevant application matters such as preservation fees.
(5) After winning the case, if the defendant fulfills the judgment in time, then there is no need to apply for enforcement procedures. You can save the execution fee paid in advance. If the defendant can't perform the contents determined by the judgment, then it will involve execution. When applying to the people's court for enforcement, the applicant shall also pay the relevant fees in accordance with the Measures for the Payment of Litigation Fees.
Fourth, the characteristics of attorney fees.
1. Lawyers shall collect fees uniformly in the name of law firms, and shall not collect attorney fees privately.
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. Attorney fees are different from legal fees. Lawyer's fee is a civil agency fee based on the entrustment relationship, and lawyer's fee is a compulsory fee based on bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees.
legal ground
Measures for payment of litigation fees
Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Measures for the administration of law firms
Article 47 A law firm shall uniformly collect service fees in accordance with the relevant provisions and record them truthfully, establish and improve the management system of fees, promptly investigate and deal with reports and complaints about illegal fees, and shall not charge fees in violation of the prescribed standards in business areas where government-guided prices are implemented, nor shall it charge fees in violation of the provisions on risk agency management.
A law firm shall establish and improve the financial management system in accordance with the provisions, and establish and implement a reasonable distribution system and incentive mechanism.
Law firms should pay taxes according to law.