Legal subjectivity:

In judicial practice, generally the lawyer's fees are borne by whoever entrusts the case, but sometimes we can also ask to bear the responsibility for losing the case. In these special circumstances, the court will support us. of request. The amount of compensation shall also include the reasonable expenses paid by the right owner to stop the infringement." According to Article 26 of the "Interpretations of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Dispute Cases", "Article 48 of the Copyright Law The reasonable expenses paid to stop the infringement as stipulated in the paragraph include the reasonable expenses of the right holder or the agent entrusted to investigate and collect evidence for the infringement. The People's Court may, based on the parties' litigation requests and specific case circumstances, calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation." 2. Trademark Infringement Cases "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" Article 17 clearly stipulates: “The reasonable expenses paid to stop infringement as stipulated in Article 56, paragraph 1, of the Trademark Law include the reasonable expenses of the right holder or its entrusted agent to investigate and collect evidence on the infringement. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. "3. Patent infringement cases. Article 22 of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The People's Court may, based on the request of the right holder and the specific circumstances of the case, pay the right holder for investigating and stopping the infringement. Reasonable expenses shall be calculated within the scope of the compensation amount. "4. Unfair Competition Cases Article 20 of the "Anti-Unfair Competition Law" stipulates: If an operator violates the provisions of this law and causes damage to the offended operator, he shall bear liability for damage compensation. The infringed operator's losses are difficult to recover. When calculated, the amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period; 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. 5. Contract disputes. Article 26 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)" in Litigation Cases concerning the Exercise of the Right of Revocation by a Creditor clearly stipulates: "The attorney fees paid by the creditor for exercising the right of revocation, Necessary expenses such as travel expenses shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared. "6. Litigation cases on security rights. Article 21 of the Guarantee Law of the People's Republic of China stipulates: "The scope of guarantees includes the principal creditor's rights and interest, liquidated damages, damages and costs of realizing the creditor's rights. "Analysis: If the debtor performs its debts as promised, the creditor's rights and interests can be realized. Since the debtor fails to perform its obligations, the creditor has to realize its rights through litigation. The attorney fees paid 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 "Security Law" shall include reasonable attorney's fees. 7. In some arbitration cases, arbitration requests where the attorney's fees are borne by the losing party can be supported. 1994. The 1995, 1998 and 2000 versions 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 for the expenses incurred in handling the case. Some reasonable expenses, but the amount of compensation shall not exceed 10% of the winning amount of the lawsuit. In practice, this fee also includes attorney fees, but there is a limit of 10% of the winning amount. The latest CIETAC Rules ( 2005 Edition) has canceled this 10% limit. Article 46 stipulates: “Cost liability: (1) The arbitral tribunal shall have the right to determine in the arbitration award the arbitration fees and other expenses ultimately payable by the parties to the arbitration committee. (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, its complexity, the actual workload of the winning party and/or its agent, and the amount in dispute in the case.” . Obviously, this gives the arbitral tribunal greater discretion. 8. Article 119 of the General Principles of the Civil Law in personal injury compensation cases states: “If a citizen is harmed and caused physical injury, he shall be compensated for medical expenses, loss of income due to missed work, and disability. Living allowances and other expenses for the deceased shall be paid; if death is caused, funeral expenses, necessary living expenses and other expenses for the persons supported by the deceased during his lifetime shall also be paid.

Paragraph 3 of Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" stipulates: "If the victim dies, the person obligated to compensate shall, in addition to compensating the relevant expenses specified in paragraph 1 of this article based on the rescue and treatment conditions, In addition, compensation should also be provided for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work lost by the victim's relatives for funeral matters. "9. Legal aid cases. 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, and investigation and evidence collection fees required by legal aid personnel to handle legal aid cases If necessary expenses for handling the case are included in the litigation claims by the aided party, the court may determine that the non-aided losing party shall bear the costs according to the specific circumstances. Therefore, when lawyers handle legal aid cases, it is recommended that attorney fees be included in the litigation claims and require the defendant to 10. The parties have expressly agreed in the contract that the attorney's fees shall be borne by the losing party. According to the principle of freedom of contract, as long as the parties have agreed in the contract that the attorney's fees shall be borne by the losing party, the litigation regarding attorney's fees shall not apply in litigation or arbitration. Requests will generally be supported. 2. Under what circumstances can attorney fees be refunded? Before entrusting a lawyer to handle relevant business, both parties will sign an agency contract. If there is an item for refunding attorney fees in the contract, the attorney fees can be refunded through negotiation when the conditions are met. . In addition, if the corresponding local regulations are violated due to the lawyer's fault, the fee can be refunded through negotiation. Take the "Notice on Issuing the Implementation Measures and Standards for the Management of Lawyer Service Charges in Sichuan Province" as an example: According to the "Notice on Issuing the Implementation Measures and Standards for Lawyer Service Charges in Sichuan Province": "Notice on the Implementation Measures and Standards for Service Charge Management" Article 17 If the client requests to terminate the client relationship due to the failure of the client contract to be performed due to the lawyer's fault, the law firm shall refund all or part of the money received or received in advance according to the lawyer's fault liability. Lawyer service fees. If the client requests to terminate the entrustment relationship due to no fault of the lawyer or the entrustment contract cannot be performed due to the fault of the client, and the law firm requests to terminate the contract, the lawyer service fees collected will not be refunded; fees are not paid in advance or collected in advance. If the fee does not meet the lawyer's actual workload, the law firm may negotiate with the client in accordance with the entrustment contract. If both parties agree to terminate the contract and terminate the entrustment relationship during the case handling, the two parties shall negotiate to determine the refund amount. 3. Answers to questions related to attorney fees. Netizen asked: How much is the lawyer's fee for a contract dispute under 100,000 yuan? The lawyer's reply: It is paid at the time of entrustment. The guide price in Shanghai is 8-12%, but it shall not be less than 3,000, and the post-paid fee shall not exceed 30%. . You can communicate directly with the lawyer and negotiate the fee according to the difficulty of the case. A netizen asked: I was hit by a pickup truck while riding a motorcycle. Now I need a lawyer to handle the compensation. How much will the lawyer’s fee cost now? Please hire the same lawyer. Since it is the same matter, does he also have to pay for the legal fees? Or should we both bear the legal fees? The lawyer replied: We can both hire the same lawyer. The attorney fees will depend on the subject matter of the lawsuit. It is recommended. Interview with a lawyer