Situations in which attorney fees are borne by the losing party:
Circumstances in which a creditor exercises its right of rescission in a contract dispute case.
Copyright civil dispute cases.
Trademark rights civil dispute cases.
Patent dispute cases. If attorney's fees are to be calculated within the scope of the defendant's compensation in a patent dispute case, they must be based on the premise of "reasonable expenses paid for investigating and stopping infringement."
Security right dispute cases.
Unfair competition cases.
Personal injury compensation, reputation infringement, traffic accident cases.
Legal aid cases.
Arbitration cases.
Both parties may expressly agree in the contract that attorney fees shall be borne by the losing party.
How to calculate attorney fees
Ordinary civil, economic, and administrative cases without property disputes that do not involve property range from 6,000 to 6,000 based on factors such as the nature of the case, complexity, and time required for the work. Negotiate between 100,000 yuan and charge an agency fee of no less than 20,000 yuan for non-property civil, economic and administrative cases in other places.
Lawyer testimony will be 2,000-10,000 per case based on factors such as the nature of the legal document and the time required. Negotiable fees between RMB 1,500 and RMB 3,000 per case.
The attorney's fee for issuing the certificate will vary between RMB 1,500 and RMB 3,000 per case.
A lawyer's letter and legal opinion will be issued to the client by a lawyer's letter or The negotiated fee for each legal opinion letter is between 1,500 and 20,000 yuan based on factors such as the difficulty of the relevant matter, purpose of use, time required for the work, etc.
Lawyer investigation fees are negotiated based on the investigation matters.
Who shall bear the attorney's fees
The relevant regulations clearly stipulate that the losing party shall bear the attorney's fees.
Circumstances in which creditors exercise their right of rescission in contract dispute cases. 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, it shall be appropriately shared.
Copyright civil dispute cases. The people's court may, based on the parties' litigation claims and specific cases, calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation.
Trademark civil dispute cases. 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.
Both parties may expressly agree in the contract that attorney fees shall be borne by the losing party.
The above is a detailed introduction to the relevant knowledge about the situation where the attorney's fees are borne by the losing party. Generally, the relevant regulations clearly stipulate that the losing party shall bear the attorney's fees, or the party responsible can be clearly stipulated in the contract. If you have any other legal questions, please feel free to consult and we will have professional lawyers to answer your questions.
Lawyer:
Refers to a practitioner who has obtained a lawyer's practicing certificate in accordance with the law, accepts entrustment or designation, and provides legal services to parties.
Lawyers must pass the legal professional qualification examination and obtain a lawyer's practicing certificate in accordance with the law before they can practice law. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; according to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; according to service objects and work status, lawyers can be divided into social lawyers and corporate lawyers and public attorneys. Lawyer business is mainly divided into litigation business and non-litigation business.
On August 20, 2021, the 30th meeting of the Standing Committee of the 13th National People's Congress voted to pass the Legal Aid Law of the People's Republic of China, law firms, grassroots legal service offices, lawyers, Grassroots legal service workers have the obligation to provide legal aid in accordance with the law.
In summary, both parties can clearly stipulate in the contract that the attorney’s fees shall be borne by the losing party.
Legal basis:
Article 40 of the Lawyers Law of the People's Republic of China
The Bar Association performs the following responsibilities:
< p>(1) Ensure that lawyers practice law and safeguard their legitimate rights and interests;(2) Summarize and exchange lawyers’ work experience;
(3) Organize lawyer business training;
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(4) Carry out education, inspection and supervision of lawyers’ professional ethics and professional disciplines;
(5) Organize lawyers to carry out external exchanges;
(6) Mediation lawyers Disputes arising from professional activities;
(7) Other duties stipulated by law.
The Lawyers Association rewards or punishes lawyers in accordance with its charter.