1. Who will pay the lawyer's fees for poor households?
The attorney fees of poor households shall be paid by the entrusting party. If you really belong to poor households, you can apply for legal aid. In most cases, the lawyer's fee for winning a lawsuit is paid by the client. 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". Others, such as the "fees for realizing creditor's rights", are not clear and may not be supported by lawyer's fees. The court's review of this agreement is very important in our daily life. At present, there are various ways to solve civil disputes, including not only mediation, but also more compulsory litigation.
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.
2. Under what circumstances can the losing party bear the legal fees?
1. In case of contract dispute, the creditor exercises the right of cancellation.
The scope of revocation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor.
2. Copyright civil dispute cases
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. "
3. Trademark civil dispute cases
The reasonable expenses paid to stop the infringement include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect the evidence of the infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
4. Patent dispute cases
According to the request of the obligee and the specific case, the people's court can calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation.
5. Cases of disputes over security rights
The scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and the expenses for realizing the creditor's right. Unless otherwise agreed by the parties, such agreement shall prevail. "If the debtor performs the debt according to the contract, the rights and interests of the creditor can be realized. Because the debtor fails to perform his obligations, the creditor has to realize his rights through litigation, and the lawyer's fee paid from this is the cost for the parties to realize their creditor's rights and belongs to the property loss of the parties.
6. Cases of unfair competition
If a business operator violates the provisions of this law and causes damage to the infringed business operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests.
7, personal injury compensation, reputation infringement, traffic accident cases
If the victim dies, the compensation obligor shall compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victim in handling the funeral, in addition to the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment situation.
In our real life, problems can be solved not only through mediation, but also through litigation. Of course, the lawsuit can be entrusted to a lawyer, but the lawyer's fee must be paid In the case that self-study is very difficult, it can be solved by applying for annual legal aid.