First, who won the civil litigation lawyer's fee?
The attorney's fee for winning a lawsuit is generally borne by the client. If there are express provisions in the law, the defendant may be required to bear the responsibility. If the parties have obviously misconduct in intellectual property cases such as copyright and trademark rights, causing direct losses to the parties or a third party, the people's court may require the other party to bear the responsibility according to the losses of the innocent party.
Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes is valid.
The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
2. Who will pay the legal fees?
If the case is successful, the legal fees shall be borne by the losing party, but the plaintiff has paid the legal fees in advance when suing. Unless there is a special agreement on legal fees, it is normal for anyone to hire a lawyer to bear the legal fees.
You have to pay the legal fees in advance before you can sue, and the legal fees will be borne by yourself. If the other party loses the case, the legal fees will be given to you.
The Measures for Payment of Litigation Fees stipulates that:
Article 20
The case acceptance fee shall be paid in advance by the plaintiff, the third party with independent claim and the appellant.
Article 29
The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them.
Article 53
After the case is concluded, the people's court shall notify the parties in writing of the detailed list of litigation costs and the amount to be borne, and specify the amount to be borne by the parties in the written judgment, ruling or conciliation statement.
If it is necessary to refund the litigation costs of the parties, the people's court shall refund the parties within 05 days from the date when the legal documents take effect.
Among them, the main specific provisions for the lawyer's fees borne by the losing party are as follows:
1, copyright infringement case
2. Patent infringement cases
3. Cases of unfair competition
4. Litigation cases in which creditors exercise their right of cancellation in contract disputes.
5, loan guarantee contract litigation cases
6, information network infringement cases
7. Commercial arbitration cases
In addition, although legal aid cases, consumer civil public interest litigation cases and environmental public interest litigation cases also have provisions on the commitment of legal fees, they are not applicable to ordinary civil litigants after all.
To sum up, it is necessary to pay a lawyer's fee to ask a lawyer to represent civil cases. Who entrusts you to pay this fee, in rare cases, it will be borne by the losing party. Therefore, the two sides need to negotiate well when dealing with it, so as to safeguard their rights and interests.