If the defendant wins the lawsuit, the lawyer's fees will generally be paid by the client himself. If there is an agreement between the two parties, the party will pay according to the agreement. Lawyer fees for litigation are generally paid when the lawyer is appointed to sign a contract or after the litigation is completed.
If you win a lawsuit, the attorney fees will generally be paid by the client himself. The defendant can be required to bear liability if there are express provisions of the law. In intellectual property cases such as copyright and trademark rights, if the parties have obvious misconduct and cause direct losses to the litigating party or a third party, the people's court may require another party to bear the losses based on the losses of the non-fault party. One party shall bear the responsibility.
There are two ways to pay attorney fees. One is to pay when you entrust a lawyer to sign a contract. This is paid on a proportional basis. Detailed attorney fees are formulated in various places; the other is to wait for the litigation process. Payment is made after closing, and for risk agencies, the charging standard is higher.
The process of hiring a lawyer:
1. Go through the entrustment procedures with the law firm and sign the "Entrustment and Agency Contract". The main process of entrustment procedures with a law firm is to sign an "entrustment contract" to clarify the rights and obligations of the parties and the law firm.
2. Sign a "Power of Attorney" with the designated lawyer. The "Power of Attorney" mainly clarifies the agency authority, and this document is submitted to the judicial department. Agency authority includes general agency and special authorized agency. The so-called general agency only represents general litigation rights, such as the right to sue, the right to respond, the right to apply for avoidance, the right to provide evidence, the right to debate, etc.
3. Pay the attorney fee. A lawyer's legal services are a paid service, so the client must pay a certain amount of legal fees when hiring a lawyer. Generally, law firms charge case-handling fees within the prescribed range from the parties in accordance with the provisions of the "Trial Measures for Lawyers' Fees" and based on the complexity of the business undertaken, the length of time required, and the subject matter of the litigation.
If you lose the lawsuit, you can continue to appeal. In civil litigation, if the parties are dissatisfied with the outcome of the first-instance judgment or ruling, they can appeal to the next higher people's court. The judgment must be filed within 10 days from the date the party receives the judgment. An appeal shall be filed within five days, and an appeal against a ruling shall be filed within ten days from the date of receipt of the ruling. Legal Express reminds you that an authorized attorney is specifically authorized to file an appeal on behalf of the client.
I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.
Legal basis: Article 85 of the "Administrative Procedure Law of the People's Republic of China"
If the party concerned is dissatisfied with the first-instance judgment of the People's Court, he or she shall have the right to have the judgment served An appeal shall be filed with the People's Court at the next higher level within fifteen days from the date of the decision. If the parties concerned are dissatisfied with the first-instance ruling of the People's Court, they have the right to appeal to the People's Court at the next higher level within ten days from the date of delivery of the ruling. If an appeal is not filed within the time limit, the first-instance judgment or ruling of the People's Court shall become legally effective.