Who should pay the lawyer s fees? 5. Who should pay the lawyer s fees?

The claimant is a party to a lawsuit filed in a people's court. In the course of litigation, the claimant may lawfully hire a lawyer, pay lawyers' fees, and receive legal assistance from the lawyer.

The fees for the lawyer hired by the claimant shall be subject to the fee standards uniformly formulated by the judicial administrative department and the price bureau.

The Copyright Law of the People's Republic of China stipulates that: "Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.

1. Compensation shall be made in the form of actual losses;

2. Where it is difficult to calculate the actual losses, compensation is to be given on the basis of unlawful gains;

In order to clarify its scope, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Copyright Disputes clarifies that the following scope of expenses are reasonable expenses:

2. The cost of collecting evidence to prove the establishment of the infringement;

3. Based on the litigation claimant's request and the specific circumstances of the case, the litigation claimant meets the requirements for lawyer's retention fees.

From the above provisions, it can be seen that in the judgments and rulings of civil cases of copyright infringement disputes, the Supreme People's Court expressly stipulates in the form of judicial interpretations that the people's courts may make judgments or rule that the costs of the lawyer hired by the claimant shall be borne by the infringer. This provision protects the legitimate rights and interests of the right holder from a wider range.

When the plaintiff sues, you can ask the losing party to pay the lawyer's fees, and if the judge supports it, you have to pay out of your pocket!

Who hires the lawyer and who makes it has nothing to do with whether you win the case or not! Lose the court's legal costs!

No, the lawyer's fee is paid by whoever hires the lawyer, regardless of the outcome of the case.

Attorney fees are charged on a case-by-case basis, as follows: 1. No property disputes: between 6,000 yuan and 20,000 yuan; 2. Legal documents:

Between 600 yuan and 2000 yuan; 3. Lawyer's witness: between 2,000 yuan and 10,000 yuan; 4. Agency office certificate: between 1500 yuan and 3000 yuan.

Article 3 of the "Measures for the Management of Lawyers' Service Fees" follows the principles of openness, fairness, voluntary compensation, and good faith. Article 9 of the "Measures for the Management of Lawyers' Service Fees" The fees for lawyers' services that are regulated by the market are to be determined through consultation between the law firm and the client. Law firms and clients shall consider the following main factors when negotiating fees for lawyer services: (1) Hours of work consumed; (2) the degree of difficulty of the legal affairs; (3) The client's ability to bear it; (4) The risks and responsibilities that lawyers may bear; (5) The lawyer's social reputation and work level, and so forth.

Legal analysis: The lawyer's fee is generally borne by the party who hires the lawyer, and can also be borne by the losing party under certain circumstances stipulated by law, such as intellectual property dispute cases such as copyright, patent right, trademark right, etc. The specific amount of attorney's fees to be borne by the judge is supported by the judge's discretion and according to the nature of the case.

The law is accepted as a basis:

Measures of the People's Republic of China for the Administration of Lawyers' Fees

Article 18: Law firms collecting lawyer service fees from clients shall issue lawful bills to the client.

Article 19: Litigation fees, arbitration fees, appraisal fees, notary fees, and file check fees paid by law firms on behalf of clients in the course of providing legal services are not lawyer service fees, and are to be paid separately by the client.

Article 16: Law firms accepting retention shall sign a contract with the client for charging fees for lawyers' services, or specify the terms of the fees in the retention contract. The charging contract or charging clause shall include the charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute resolution methods, etc.

Legal analysis: In the absence of a hail contract that stipulates the lawyer's fees in advance, the lawyer's fees are generally borne by the applicant.

Legal basis: Article 118 of the Civil Procedure Law of the People's Republic of China: Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the acceptance fee for the case of property cases, other litigation fees shall be paid in accordance with the regulations.

Where it is truly difficult for a person to pay litigation fees, he may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions. The measures for collecting litigation costs shall be formulated separately.

Attorney's fees are generally borne by the client who hires the lawyer, and may also be borne by the losing party in certain circumstances provided for by law.

In infringement cases, attorney's fees are incurred as damage to the rights and interests of the infringed party due to the infringer's tortious acts, and attorney's fees are reasonable expenses incurred by the infringed party to protect its legitimate rights and interests, so the attorney's fees are included in the scope of compensation of the infringer. If there is an agreement on the lawyer's fees in the contract, the bearer shall be determined in accordance with the agreement, and if there is no agreement, the two parties shall bear the lawyer's fees; or decide on the subject of the lawyer's fees based on the specific facts of the case; In marriage and family cases, the burden of lawyers' fees may be determined on the basis of the circumstances of both parties, in favor of resolving the conflict, and in favor of the conclusion of the case; Finally, the collection of lawyers' fees should reflect the principle of appropriate protection of vulnerable groups, and in cases such as migrant workers' wage claims, employee injuries, labor disputes, administrative litigation, and state compensation, it may be ruled that the lawyer's fees should be borne by the losing party.

A lawyer refers to a person who is entrusted or appointed to provide legal services such as litigation or defense for the parties. Lawyers must pass the legal professional qualification examination and obtain a lawyer's practice certificate in accordance with the law before they can practice.

The lawyer needs to pay the lawyer's fee, and the lawyer's fee has the following characteristics:1Lawyers shall uniformly collect fees for accepting cases in the name of their law firm, and must not privately collect lawyers' fees.

2.Attorney's fees are different from case-handling expenses, and the necessary expenses incurred by the lawyer to handle the entrusted affairs must still be borne by the client. For example, transportation expenses, accommodation fees, forensic fees, etc.

3.Attorney's fees are different from litigation fees, attorney's fees are civil expenses incurred based on the entrustment relationship, and litigation fees are mandatory fees based on filing a lawsuit with the court. Attorney fees are negotiable, and litigation costs are non-negotiable.

When a lawyer undertakes business, he or she needs to accept the commission in the name of the law firm, and the law firm collects the legal service fee, and then the law firm settles with the lawyer, and the lawyer's fee will enter the lawyer's account. When the lawyer accepts the entrustment, the signed entrustment contract needs to be stamped with the law firm's contract seal or official seal, and the invoice issued needs to be stamped with the law firm's financial seal. Lawyers who collect fees privately may be subject to administrative penalties by the Bureau of Justice, including fines, confiscation of income, and suspension of practice.

The lawyers association may also make an industry sanction and order a refund of the lawyer's fees collected in violation of regulations.

To sum up, do you have a certain understanding of the collection of lawyer fees?

Legal basis. Article 10 of the Measures for the Management of Fees for Lawyers' Service and Registry Affairs: Fees for lawyers' services may be based on different service contents, such as piecework fees, fees in proportion to the amount of the subject matter, and hourly fees. Piecework charges are generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters.

Article 6 of the "Measures for the Management of Lawyers' Service Fees" **The benchmark price and floating range of the guide price are to be formulated by the competent departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.

Article 4 of the "Measures for the Administration of Lawyers' Service Fees" implements the first guide price and market adjustment price for lawyers' service fees.