Legal analysis: Lawyer fees refer to the remuneration that a lawyer should receive for representing a client in legal matters. Attorney fees are generally borne by the parties themselves and have nothing to do with the outcome of the lawsuit. The law expressly stipulates that the defendant can be required to bear liability under the following circumstances:
1. In contract dispute cases, the creditor exercises the right to cancel. "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)": "Article 26 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, the liability shall be appropriately shared. ”
2. Copyright civil dispute cases. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases": "Article 26 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include the right holder or the entrusted party The agent’s reasonable expenses for investigating and collecting evidence on infringements. Based on the parties’ litigation claims and specific case circumstances, the People’s Court may include attorney’s fees that comply with the provisions of relevant state departments within the scope of compensation.”
3. Trademarks. Civil dispute cases.
Legal basis: "Measures for the Administration of Lawyer Fees"
Article 16 When a law firm accepts an entrustment, it shall sign a lawyer service fee contract with the client or state it in the entrustment and agency contract. Charge Terms.
The charging contract or charging terms should include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute resolution methods, etc. Article 17
Article 18 When a law firm collects lawyer service fees from a client, it shall issue legal bills to the client.
Article 19: Litigation fees, arbitration fees, appraisal fees, notarization fees and file search fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer service fees and shall be borne by the client. Pay separately.