In general, if personal injury compensation, tort liability compensation, contract breach, trademark infringement and other lawsuits are involved, the lawyer's service fee shall be borne by the losing party.

1, personal injury compensation, reputation infringement, traffic accident case

Article 1 19 of the General Principles of the Civil Law stipulates: "Anyone who infringes on a citizen's body and causes damage shall compensate for medical expenses, income reduced due to absenteeism, living allowance for the disabled and other expenses. ; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. "

Paragraph 3 of Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If the victim dies, the compensation obligor shall compensate funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, lost time due to work and other reasonable expenses according to the situation of rescue and treatment."

2. Copyright infringement cases

According to Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes: "The reasonable expenses paid for stopping 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 evidence of infringement. The people's court may, according to the litigation request of the parties and the specific case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "

3. Trademark infringement cases

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes clearly stipulates: "The reasonable expenses paid for stopping infringement as stipulated in Article 56, paragraph 1 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect 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. "

4. Patent infringement cases

Article 22 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes stipulates that "the people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation".

5. Cases of unfair competition

Article 20 of the Anti-Unfair Competition Law stipulates: "If an operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; It should also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator against his legitimate rights and interests. "

Second, how to charge the lawyer's fee?

1. Lawyers shall collect fees uniformly in the name of law firms, and shall not collect attorney fees privately.

2. Lawyer's fees are different from the funds for handling cases, and the necessary expenses incurred by lawyers for handling entrusted affairs must still be borne by the client. Such as transportation, accommodation, and judicial expertise fees.

3. Attorney fees are different from legal fees. Lawyer's fee is a civil agency fee based on the entrustment relationship, and lawyer's fee is a compulsory fee based on bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees.

4. Lawyers exist as a service industry, and it is a high-level mental work for lawyers to provide legal services. Although China's laws clearly stipulate that lawyer services are not for profit, with the further reform of China's lawyer system, law firms have gradually become legal service institutions that do not need state establishment, state funds and are responsible for their own profits and losses, which determines the paid nature of lawyer services. While paying the lawyer's fee, the client obtained the professional litigation intermediary service provided by the lawyer. This service can enable the client to quickly understand and master some legal provisions related to entities and procedures, and facilitate the client to achieve the purpose of litigation in a timely and effective manner.

3. Does the legal fee include the legal fee?

1. Legal fees do not include attorney fees.

2. According to the provisions of Article 6, the litigation expenses include the case acceptance fee, application fee, and transportation, accommodation, living expenses and lost time expenses incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date specified by the court. Obviously, legal fees do not include legal fees.

3. At the same time, the legal fees are charged by the court, while the lawyer's fees are charged by the lawyer (firm), so the legal fees cannot include the lawyer's fees.

4. The legal fees shall be borne by the losing party, but the attorney fees shall generally be borne by the entrusting party, except as provided by law or agreed in the contract. At present, there are some laws in our country that stipulate that one party's lawyer fees shall be borne by the other party, such as About Application.

Article 26 of the Interpretation on Several Issues 1 stipulates that the necessary expenses such as 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.

The above knowledge is Bian Xiao's answer to the question "How to pay the lawyer's fee if the lawsuit fails". In general, if the lawsuit involves personal injury compensation, tort liability compensation, contract breach, trademark infringement, etc. The lawyer service fee will be borne by the losing party. Readers who need legal help are welcome to seek legal advice.