The lawyer's fees are generally borne by the parties themselves, and the defendant may also be required to bear them under the circumstances stipulated by law.
According to Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law (I), the necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately.
According to the first paragraph of Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, the reasonable expenses paid to stop the infringement include the reasonable expenses paid by 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.
According to the first paragraph of Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the reasonable expenses paid to stop the infringement include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect the evidence of infringement.
The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
The lawyer's fee is the remuneration paid by the client to the lawyer. Generally speaking, there is a charge. Since it is a reward, the lawyer's labor should be paid, which has nothing to do with the outcome of the lawsuit, except the lawyer's risk agency.
Lawyer's risk agency, that is, people say "spend money first" and then "pay the bill", the parties transfer all the risk of losing the case to the attorney, and once they lose the case, the parties have the right to refuse to pay the lawyer's agency fee; If the attorney wins the lawsuit, he can get several times or even ten times more profits than the ordinary agent.
Extended data:
Lawyer fee standard
There is no uniform standard for attorney fees. Generally, lawyers will determine the fees according to the amount of arbitration application, but in reality, lawyers in labor arbitration will charge fees on the basis of bringing the greatest benefits to the parties.
1, generally calculated according to the size of the litigation object. Property-related charges are generally below 1 10,000 yuan, ranging from 1 10,000 yuan to 2,000 yuan, and the part that exceeds 1 10,000 yuan but is less than110,000 yuan is calculated by 5%-6%;
The part exceeding100000 but less than1000000 shall be calculated as 4%-5%. This method requires the parties to pay the agency fee first, and even if they lose the case, the fee will not be refunded.
2. When a law firm handles legal affairs involving property relations, it may act as a risk agent with the consent of the client. The risk agency fee shall be agreed by both parties, but the maximum amount shall not exceed 30% of the contract amount. In this way, the law firm and the client bear the risks. If the lawsuit is lost, the agency fee will not be paid.
3. The above fees are only lawyers' agency fees, and other expenses arising from arbitration, such as transportation fees, mailing fees, accommodation fees, etc. No matter whether the lawsuit wins or loses, it shall be borne by the parties themselves.
Baidu Encyclopedia-the Supreme People's Court's Explanation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (1)
Baidu Encyclopedia-the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes