If a party commits obvious misconduct such as abusing litigation rights, delaying the assumption of litigation obligations, etc., causing direct losses to the other party or a third party, the people's court may, based on the specific circumstances, award reasonable compensation to the lawyer who is not at fault in accordance with the law. Fees and other legitimate requests will be supported.
1. Who will bear the legal fees?
1. In the absence of an agreement, all costs shall be borne by the parties themselves. In civil litigation practice, the most commonly involved cases are sales contract disputes, private loan disputes, traffic accident liability disputes, etc. In these circumstances, if the parties are unable to reach a contractual agreement as to what attorneys' fees will be borne, generally all attorneys' fees will be borne by the parties themselves. Among them, although traffic accident liability dispute cases are tort cases, "reasonable expenses" are stated in the law, but attorney fees are not explicitly included. In judicial practice, most courts do not support claims for payment of attorney fees in such cases. 2. If there is an agreement, the losing party shall bear a reasonable portion of the costs. In some contract disputes, if both parties agree in the contract that attorney fees will be borne by the breaching party, most courts will determine the validity of the contract and, based on the nature of the case, the judge will support the reasonable part as appropriate. Under normal circumstances, the court will require the party claiming attorney's fees to produce evidence such as the attorney's agency contract and invoices to prove the actual amount of attorney's fees, and ultimately determine the reasonable cost of hiring a lawyer.
2. How much are the general attorney fees?
For ordinary, economic, and administrative cases that do not involve property, a fee of 6,000-100,000 yuan will be negotiated based on the nature, complexity, and length of the case; if the property does not involve civil, economic, or administrative cases from other places, the agency will charge The fee shall not be less than 20,000 yuan.
However, attorney fees are often the main expense for parties to protect their rights. Under normal circumstances, the level of attorney fees is an important factor for parties to weigh whether to hire a lawyer. If the cost of safeguarding rights is too high, the parties may consider giving up hiring a lawyer. In this case, the effectiveness of safeguarding rights will be greatly reduced.