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Who shall bear the plaintiff’s attorney fees?

The plaintiff’s attorney fees shall be borne by the client.

Lawyer fees are generally borne by the party who hires the lawyer, and may also be borne by the losing party under certain circumstances stipulated by law, such as copyright, patent, trademark and other intellectual property dispute cases. As for the specific amount of attorney's fees, the judge will support it based on his discretion and the nature of the case. When a law firm collects lawyer service fees from a client, it shall issue legal bills to the client. Litigation fees, arbitration fees, appraisal fees, notarization fees and file search fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer service fees and shall be paid separately by the client.

When a law firm accepts an entrustment, it shall sign a lawyer service fee contract with the client or state the charging terms in the entrustment and agency contract.

How to charge attorney fees?

Lawyer fees are charged as follows:

(1) Lawyers shall collect case fees uniformly in the name of their law firm and shall not collect lawyer fees privately;

(2) Attorney's fees are different from case-handling expenses. The lawyer's necessary expenses for handling the entrusted matters must still be borne by the client. For example, transportation fees, accommodation fees, judicial appraisal fees, etc.;

(3) Lawyer fees are different from litigation fees. Lawyer fees are civil agency fees based on the client relationship, while litigation fees are based on filing a lawsuit with the court. mandatory fee. Attorney fees are negotiable, litigation fees are non-negotiable.

What is the basis for charging attorney fees?

The law does not explicitly stipulate the standard of lawyer fees. It can be charged according to local conditions and regulations. The analysis is as follows:

1. Charges are based on the case. For some cases where there is no target amount, Cases with smaller subject amounts, as well as criminal cases, are usually charged on a case-by-case basis;

2. Charges are based on the subject amount. According to the charging methods stipulated by the Bureau of Justice and the National Development and Reform Commission, fees are charged according to the subject amount in a ladder-like manner;

3. Risk agency fee. There are two types of risk agency fee. One is full-risk agency fee. No agency fee is charged by the place of entrustment. The settlement will be made after the lawsuit is won or the execution money is received;

4. Another type of semi-risk agency, where part of the fee is charged at the time of entrustment. When the case is won or the execution is completed, the remaining part of the agency fee is collected according to the agreed ratio.

Legal basis: "The Lawyers Law of the People's Republic of China"

Article 6 To apply for lawyer practice, one must apply to the judicial administration of the district people's government of a city divided into districts or a municipality directly under the Central Government. The department applies and submits the following materials:

(1) National Unified Legal Professional Qualification Certificate;

(2) Materials issued by the Lawyers Association indicating that the applicant has passed the internship assessment;

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(3) Proof of identity of the applicant;

(4) Certificate issued by the law firm agreeing to accept the applicant.