Lawyer fees in lawsuits (litigation) are generally borne by the hiring party. The losing party is not responsible for the attorney fees paid by the other party to assert rights and interests. However, the following circumstances are excluded:

(1) According to my country’s current relevant judicial interpretations, in the following nine categories, it is clearly stipulated that the losing party shall bear the winning party’s reasonable attorney fees:

1. Legal aid cases;

2. Copyright infringement cases;

3. Trademark infringement cases;

4. Patent infringement cases;?

5. Unfair competition cases;

6. Creditors exercising their right to cancel in contract disputes;

7. Loan security rights litigation cases;

8 , personal injury compensation, reputation infringement, traffic accident cases;

9. Arbitration cases.

(2) In addition to the above circumstances, both parties can clearly stipulate in the contract that the attorney's fees shall be borne by the losing party. Otherwise, the losing party has no right to require the losing party to bear the reasonable attorney's fees of the winning party.

Litigation costs

Litigation costs refer to the fees that parties should pay to the People's Court in accordance with legal provisions when conducting civil, economic, maritime and administrative litigation. Including:

(1) Case acceptance fee;

(2) Other litigation expenses.

It has the nature of economic sanctions and is a reasonable burden on the losing party for the costs of conducting litigation. Among them, the case acceptance fee has the nature of national taxation and should be listed as national treasury revenue. It is common practice in countries around the world to levy litigation fees in civil cases according to law. In this regard, the civil procedure codes of various countries have made principle provisions, and issues such as the collection standards and calculation methods of litigation costs have been announced in the form of separate regulations.

Significance

The establishment of the litigation fee system has the following significance: first, collecting litigation fees can reduce unnecessary expenditures by the state; second, collecting litigation fees It can prevent civil subjects from indiscriminate litigation, thereby reducing some unnecessary litigation and reducing waste for the country and society. Third, collecting litigation fees is conducive to safeguarding national sovereignty and economic interests.

Categories

According to the "Measures for the Payment of Litigation Fees" (hereinafter referred to as the "Measures for Payment") formulated by the State Council, litigation fees can be divided into three categories: case acceptance fees and application fees. and other litigation costs.

Payment standards

Case acceptance fees and payment standards

Case acceptance fees refer to certain fees that parties should pay to the People's Court in accordance with the law when conducting civil litigation. Due to different case circumstances, the standards and methods for collecting case acceptance fees are also different. According to the provisions of the "Payment Measures", cases are divided into property cases, non-property cases, intellectual property and labor dispute cases. The payment methods for the four different natures of cases are different.

(1) Property case acceptance fees and payment standards

Property case acceptance fees refer to the case acceptance fees levied by the People's Court for property rights dispute cases. According to the relevant provisions of the "Payment Measures", case acceptance fees include: first-instance case acceptance fees, second-instance case acceptance fees and case acceptance fees for retrial cases that need to be paid in accordance with the "Payment Measures".

The acceptance fee for a property case is calculated based on the size of the subject matter of the lawsuit, divided into sections according to a certain ratio, and then the amounts in each section are added up to obtain the total case acceptance fee. The specific payment standards are as follows:

1. If the item does not exceed 10,000 yuan, 50 yuan will be paid for each item;

2. The amount exceeding 10,000 yuan to 100,000 yuan is paid at 2.5%;

3. For the portion exceeding 100,000 yuan to 200,000 yuan, 2% shall be paid;

4. For the portion exceeding 200,000 yuan to 500,000 yuan, 1.5% is paid;

5. For the portion exceeding RMB 500,000 to RMB 1 million, 1% shall be paid;

6. The amount exceeding 1 million yuan to 2 million yuan is paid at 0.9%;

7. The amount exceeding 2 million yuan to 5 million yuan is paid at 0.8%;

8. The amount exceeding 5 million yuan to 10 million yuan is paid at 0.7%;

9. The amount exceeding 10 million yuan to 20 million yuan is paid at 0.6%;

10. For the portion exceeding 20 million yuan, 0.5% is paid.

The calculation method for property case acceptance fees is to calculate the amount of the subject matter of litigation in segments according to the above provisions, and then add them up, and the total amount is the amount receivable.

(2) Acceptance fees for non-property cases

The acceptance fees for non-property cases refer to the case acceptance fees charged by the People’s Court for cases involving only personal relationships or personal non-property relationships. fee. The acceptance fee for non-property cases is usually paid per case. In non-property cases involving property disputes, they will be collected separately according to different circumstances. According to the "Payment Measures", non-property cases are paid according to the following standards:

1. The fee for each divorce case is 50 yuan to 300 yuan. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.

2． For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, the fee is 100 yuan to 500 yuan per case. When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; the amount exceeding 50,000 yuan to 100,000 yuan will be paid at the rate of 1%; the amount exceeding 100,000 yuan will be paid at the rate of 0.5%.

3. For other non-property cases, the fee is 50 yuan to 100 yuan per case.

(3) Acceptance fees and payment standards for intellectual property and labor dispute cases

1. In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.

2． Each labor dispute case is subject to a fee of 10 yuan.

In the above-mentioned cases, the parties raised objections to the jurisdiction of the case, and if the objections were not established, they would pay 50 yuan to 100 yuan for each case.

If there are regulations on the range of fees for the above cases, in the specific implementation, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate specific standards based on local actual conditions.