1. How much does a general civil litigation lawyer’s fee cost? If there is no property relationship involved or the subject matter of the dispute is less than 100,000 yuan (excluding 100,000 yuan), a basic agency fee of 500 to 5,000 yuan will be charged for each case. If a property relationship of more than 100,000 yuan is involved, in addition to the basic agency fee In addition, according to the size of the disputed subject matter, the cumulative charges will be divided into sections: 100,000 yuan to 1 million yuan (including 1 million yuan), each item will be charged at 0.5% to 3.5%; more than 1 million yuan to 5 million yuan (including 5 million yuan) , each item is charged at 1.5% to 2.5%; for items above 5 million yuan to 10 million yuan (including 10 million yuan), each item is charged at 0.5% to 1.5%; for items above 10 million yuan, each item is charged at 0.25% to 0.75%. 2. Lawyers handling the second instance of criminal, civil, administrative and other litigation cases that have not handled the first instance but handle the second instance will be charged according to the first instance charging standard; those who have handled the first instance and then handle the second instance, will be charged 50% of the first instance charging standard. When lawyers handle criminal, civil, administrative and other appeals, retrials and retrial cases, they charge an agency fee of 500 yuan to 3,000 yuan for each appeal case; when handling retrial and retrial cases, the fees are based on the charging standards for second instance or first instance cases, depending on the specific circumstances. . 3. Who bears the lawyer’s fees in general civil litigation? If there is no special explanation, the lawyer’s fees will be borne by oneself. Litigation fees are generally borne by the losing party, but they must still be written in the lawsuit request. The court will not award your attorney's fees to the losing party. Lawyer representation is not compulsory in China, which means that the state considers that it is not necessary to hire a lawyer, so the lawyer's fees are not necessary, so the court does not support it. Unless it is a special case such as a copyright infringement case, attorney fees will generally not be supported; this is the current law. 4. In which cases the attorney's fees can be borne by the other party after winning the case (1) Situations in which the losing party can bear the attorney's fees according to laws and judicial interpretations 1. In contract dispute cases, the creditor exercises the right of revocation. Article 26 of the Interpretation of Certain Issues (1) of the Contract Law of the People's Republic of China: "The necessary expenses such as attorney fees and travel expenses paid by the creditor to exercise the right of revocation shall be borne by the debtor; if the third party is at fault, he shall "2. Copyright civil dispute cases" Article 48 of the Copyright Law stipulates: "If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; the actual loss If it is difficult to calculate, compensation may be awarded based on the illegal income of the infringer, and 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 Interpretation of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Dispute Cases, "the reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include The reasonable expenses incurred by the right holder or his authorized agent to investigate and collect evidence on the infringement. The People's Court may, based on the litigant's claims and specific case circumstances, include attorney's fees that comply with the provisions of relevant state departments within the scope of compensation." 3. Trademark Civil Dispute 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: "Reasonable expenses paid to stop infringement as stipulated in Article 56, paragraph 1, of the Trademark Law, including The reasonable expenses incurred by the right holder or its authorized 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. " 4. Patent Dispute Cases "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases": "The People's Court may, based on the request of the right holder and the specific circumstances of the case, transfer the money paid by the right holder for investigating and stopping infringement. Reasonable expenses are calculated within the scope of the compensation amount. "If attorney's fees are to be calculated within the scope of the defendant's compensation in patent dispute cases, it must be based on "reasonable expenses paid for investigating and stopping infringement." 5. Security rights dispute cases "Civil Code" (since Effective from January 1, 2021) Article 389: The scope of security for security rights includes the principal creditor's right and its interest, liquidated damages, damages, costs of keeping the guaranteed property and realizing the security rights. If the parties agree otherwise, such agreement shall prevail.

If the debtor performs its debts in accordance with the contract, the creditor's rights and interests can be realized. Because the debtor fails to perform its obligations, the creditor has to realize its rights through litigation. The attorney fees paid thereby are the expenses incurred by the party to realize its creditor's rights, which are For property losses suffered by a party, the "expenses for realizing the creditor's rights" stipulated in Article 389 of the Civil Code shall include reasonable attorney's fees. 6. Unfair Competition Cases Article 20 of the "Anti-Unfair Competition Law": "If an operator violates the provisions of this law and causes damage to the offended operator, he shall bear liability for damages. The infringed operator's losses are difficult to calculate. The amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period; and the infringed operator shall bear the reasonable expenses paid by the operator for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests.” 7. Personal damage. Compensation, reputation infringement, and traffic accident cases Article 1179 of the Civil Code stipulates that if someone infringes upon another person and causes personal injury, he shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment. and reasonable expenses for rehabilitation expenses, as well as loss of income due to missed work. If disability is caused, assistive device fees and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated. Article 17, paragraph 3, 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": "If the victim dies, the compensation obligor shall, in addition to compensation for the relevant expenses specified in paragraph 1 of this article based on the rescue and treatment conditions, Compensation should also be made for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and lost work time incurred by relatives of the victim for funeral matters. The notice issuing “Some Specific Opinions on the Trial of Civil Cases” states that in cases of personal injury compensation, “lawyer fees are property interests in nature and can, in principle, be treated as losses. "In judicial practice in traffic accident cases, whether attorney fees support the practice of courts in different regions varies. For example, the Shanghai Court supports it. In 2005, the Shanghai Higher People's Court issued the "Answers to Several Issues Concerning the Trial of Road Traffic Accident Damage Compensation Cases" "The notice clearly stipulates that "if a party requests compensation for the expenses incurred in dealing with the accident (such as transportation expenses, lost work expenses, evidence collection fees, attorney fees, etc.), it can be supported if the expenses have actually been incurred and must be reasonable. ” 8. Arbitration cases The 1994, 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 Part of the reasonable expenses incurred by the winning party in handling the case, but the amount of compensation shall not exceed 10% of the winning amount of the winning party. In practice, this fee also includes attorney fees, but there is a limit of 10% of the winning amount. The CIETAC Rules (2005 Edition) have canceled this 10% limit, and its Article 46 stipulates: “Costs: (1) The arbitral tribunal has the power to rule in the arbitration award on the amount of arbitration fees that the parties should ultimately pay to the arbitration committee. fees and other charges. (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.” In practice, the costs should include attorney's fees, but the arbitral tribunal has great discretion on the issue of liability. (2) The parties may explicitly stipulate in the contract that the attorney's fees shall be borne by the losing party based on the principle of freedom of contract. , as long as both parties agree in the contract that attorney fees will be borne by the losing party, claims for attorney fees will generally be supported when suing or arbitrating. Therefore, the parties to the contract can list attorney fees as a breach of contract when drafting the contract. In the content of compensation, the method and standard of bearing attorney's fees can even be listed in detail. When drafting such a breach of contract clause, special attention must be paid to clearly stating "attorney's fees", and other items such as "expenses for realizing creditor's rights". If the agreement is not clear, you may not receive support for attorney fees. The court will review this agreement very strictly.

When filing a lawsuit, the plaintiff must submit the entrustment contract signed with the law firm and the attorney fee invoice issued by the law firm as evidence of payment of attorney fees. However, the specific amount of support will depend on the judge's discretion, which is based on the nature of the case. Usually the court will support "reasonable" attorney's fees, not the full costs. Based on what has been said above, if you want to hire a lawyer to litigate, you will definitely have to charge fees. Generally, lawyers will charge fees based on the size of their case. If property matters are involved, lawyers will also charge fees on a proportional basis. , so the fees charged for different cases will also be different. Be sure to consult locally.