Can a law firm agree on liquidated damages with a lawyer?

Of course, the law does not prohibit it.

If you agree on liquidated damages, of course, you still have to abide by the contract.

The relationship between the law firm and the lawyer is an employment contract; Therefore, whether the liquidated damages are valid or not depends on the provisions of the Labor Contract Law.

Lawyer Xiao Yi of Zongheng Legal Network.

The law can support a written contract or other proof that you have such an agreement.

Partnership organizations such as accounting firms and law firms established in accordance with the law are employers under the Labor Contract Law.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

Lawyer Niu Zengke.

The contract stipulates that it is okay for the breaching party to pay attorney's fees, and it is legal for both parties to clearly stipulate in the contract that the lawyer's fees should be borne and executed in accordance with the agreement.

The contract is generally a true expression of intent between equal civil subjects, and within the scope permitted by law, the contract is free and voluntary, and the relevant agreement is protected by law if it does not violate the mandatory provisions of laws and regulations

2) In intellectual property cases, there is a clear legal basis for the losing party to bear reasonable costs for rights protection, including attorney's fees.

1. Are lawyer's fees different from litigation costs?

It's not the same. The litigation costs are given to the court and are generally borne by the losing party, but the plaintiff pays them in advance when filing a lawsuit. The lawyer's fees shall be borne by the party who hired the lawyer, and Chinese law does not clearly stipulate that the lawyer's fees shall be borne by the losing party, so the general court will not support the loss of the lawyer's fees, and some people for different purposes, propose that the other party bear the lawyer's fees in the litigation claim, and generally even if he wins the lawsuit, the court will not support the lawyer's fees to be borne by the losing party, but if the two parties have agreed in the previous contract, it is understandable and can be supported.

In a litigation case, a party to the court is required to pay a certain fee, including the case acceptance fee and other litigation costs, but when the party entrusts a lawyer to conduct the litigation, it is also necessary to pay a fee. More specifically, the above is very clear. The lawyer's fees shall be borne by the party who hires the lawyer, and Chinese law does not clearly stipulate that the lawyer's fees shall be borne by the losing party, so the general court will not support the burden of the losing party.

Different law firms in different regions charge different fees for different Qi Cong's lawyers, and no matter how good a lawyer is, there is no guarantee that he will win the case. And even if the lawsuit is lost, the lawyer's fee will not be refunded.

2. Who will pay the lawyer's fees for private lending.

Attorney's fees in private lending cases are generally borne by the party entrusting the lawyer. Attorney's fees expressly agreed upon by both parties in the loan contract are excluded. According to the principle of freedom of contract, as long as the parties expressly stipulate in the loan contract that the lawyer's fees shall be borne by the losing party, the plaintiff's lawyer's fees, litigation costs and other related expenses paid by the plaintiff to realize the creditor's rights may be borne by the defendant.

Therefore, when the borrower drafts the private loan contract, the borrower may include the lawyer's fee as the content of the liquidated damages, and note the words "lawyer's fee". The agreement that only stipulates that there is no fee for the realization of the claim is not clear and may not be supported by the court.

Article 5 of the Civil Code of the People's Republic of China provides for Article 185 that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

The calculation of liquidated damages is based on the agreement of the parties firstly, and secondly, it can be confirmed according to the following principles: 1. Paragraph 1 of Article 114 of the Contract Law stipulates that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of the compensation for losses arising from the breach of contract.

Therefore, liquidated damages have the characteristics of punitive sensitivity, and they do not presuppose that the non-breaching party suffers losses. Generally speaking, the maximum amount of liquidated damages is not more than 30% of the actual loss. However, if it is too high or too low, the court can be requested to grant a decrease or increase.

2. Paragraph 2 of Article 114 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to appropriately reduce them. However, liquidated damages are a kind of pre-estimate of the losses that the parties may regain after one party breaches the contract at the time of contracting, and cannot be completely consistent with the actual losses of the non-breaching party after the breach. It is therefore left to the discretion of the judge.

In short, under normal circumstances, no one can terminate the sales contract in advance, and the party who proposes to terminate the contract must have sufficient legal basis, otherwise it will have to pay liquidated damages in accordance with the agreement in the sales contract. However, these people who really want to cooperate usually do not terminate the contract in advance for no reason, and there must be a reason for the early termination of the contract.

Legal analysis: Regarding the calculation of liquidated damages for the termination of the lawyer's retention contract, the parties will agree on the amount of liquidated damages or the method of calculating the liquidated damages in the contract, and if there is no agreement on the amount of liquidated damages or the calculation method of liquidated damages, the losses caused to the other party by the breaching party's breach of contract shall be compensated.

Basis for the law:

Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

With regard to the calculation of liquidated damages for the termination of the lawyer's retention contract, the parties will agree on the amount of liquidated damages or the method of calculating the liquidated damages in Hewei Yutong, which shall be calculated in accordance with the provisions of the contract, and if there is no agreement on the amount of liquidated damages or the method of calculating liquidated damages, the losses caused to the other party by the breaching party's breach of contract shall be compensated.

Legal basis: Article 585 of the Civil Code of the People's Republic of China provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and may also agree on the calculation method of compensation for losses arising from the breach of contract.

Lawyer's liquidated damages refer to the liquidated damages that the lawyer should pay to the client in the case of breach of contract in the contract signed between the lawyer and the client. The amount of the lawyer's liquidated damages is generally negotiated between the lawyer and the client, and is clearly agreed in the ** contract. If the lawyer has agreed on liquidated damages in the ** contract, but fails to perform as agreed, the client can request the lawyer to pay liquidated damages according to the agreement.

The calculation methods of lawyers' liquidated damages are generally as follows:1Fixed Amount Calculation Method:

That is, the lawyer and the client agree on a fixed amount of liquidated damages in the ** contract. 2.Daily Interest Rate Calculation Method:

That is, the lawyer and the client agree on a daily interest rate in the ** contract, and calculate the liquidated damages according to the number of days the lawyer breaches the contract. 3.Percentage Method:

That is, the lawyer and the client agree on the proportion of the lawyer's liquidated damages in the ** contract, and calculate the liquidated damages according to the amount of ** fees or other related expenses. It should be noted that the liquidated damages agreed by the lawyer in the ** contract shall not exceed a reasonable proportion of the ** cost and the actual loss of the client of the tremor ruler. If the amount of the lawyer's liquidated damages exceeds the above limit, it may be considered an illegal act and the lawyer needs to bear the corresponding legal responsibility.