Litigation fees, that is, case acceptance fees, are generally borne by the losing party, but one party’s attorney fees generally cannot be borne by the other party, unless the two parties have previously agreed. If the plaintiff wins the case, it depends on whether your original claim requires that the litigation costs and attorney's fees be borne by the defendant. If there is no corresponding claim, the attorney's fees will generally not be borne by the other party.

As long as the litigation fees are not voluntarily borne by you If you are required to bear the responsibility yourself, it is generally the defendant who bears the responsibility. If the lawsuit fails, the litigation costs will be borne by the plaintiff. The defendant, as the respondent, will not be required to bear the costs incurred by the defendant in the lawsuit, such as attorney fees, unless it files a counterclaim. However, if it is the appraisal fee in litigation, the plaintiff needs to bear it if he loses the lawsuit.

Extended information:

Charging method

Lawyer service charges can be based on different service contents, including piece-rate charges, proportional charges and hourly charges, and risk charges. Agency fees, etc.

Regular charges

Regular charges are based on the level of the litigation procedure. The litigation procedure is a "second instance and final trial" system, that is, the litigation is divided into the first instance stage and the second instance stage. The first time the lawsuit is filed is the first instance. , after the first-instance judgment or ruling, if one party is dissatisfied, he can file a second-instance trial. The second-instance judgment is final and no further litigation is allowed under normal circumstances.

However, in reality, enforcement procedures are initiated after the judgment. That is, if the other party fails to fulfill the contents determined in the judgment after the judgment, the other party applies to the court to enforce the property of the other party so that the contents of the judgment can be realized (i.e. Commonly referred to as the seizure and seizure of property).

Correspondingly, lawyer fees include three stages: first-instance fees, second-instance fees, and execution procedure fees. It should be noted that the "Guangdong Provincial Government Guided Prices for Lawyer Services" does not provide fee guidance at the execution stage, so in reality the fees are generally negotiated,

or included in the first and second instance fees, which is equivalent to exemption. Expenses during the execution phase. The "Litigation Fee Calculator Lawyer Fee Calculator" on this site uses the conventional charging model for calculation.

Lump-sum charging

Lump-sum charging means charging a fee once and then being responsible for the case to the end, that is, only charging a fee once and being responsible for the three stages of first instance, second instance and execution. The charging standards are appropriately increased on the basis of the first-instance charges in the regular charges.

Risk charges

Risk charges refer to charging a smaller fee before the judgment, mediation, or settlement is paid, and then charging a higher fee after the case is won or the money is paid. cost. The charging standard is that the initial fee is approximately 2,000-10,000, and 10-30% of the amount after the lawsuit is won or executed.

The above charging methods are determined through negotiation between the lawyer and the client based on the specific circumstances.

In short, the method of lawyer fees and the amount of lawyer fees charged are determined by the lawyer and the client within a certain range through negotiation. How to charge for a specific case and how much attorney fees to charge should be determined through negotiation with the individual lawyer.

Reference: Baidu Encyclopedia-Lawyer Agency Fees