As long as you don't voluntarily ask yourself to bear the legal costs, it is generally borne by the defendant. If the case is lost, the litigation costs shall be borne by the plaintiff. As the respondent, the defendant does not need to bear the expenses arising from litigation such as attorney's fees unless counterclaims are filed. However, if it is the appraisal fee in the lawsuit, the plaintiff needs to bear the loss.
Extended data:
Charging method
According to the different service contents, the lawyer's service fee can be charged by piece, by the proportion of the target amount, by time and by the risk agent.
Regular expenses
Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit.
But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment.
Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee. It should be noted that the "Government Guidance Price for Lawyer Services in Guangdong Province" does not guide the fees in the implementation stage, so in reality, fees are generally negotiated.
Or included in the expenses of the first and second trials, which is equivalent to exempting the expenses of the execution stage. The "legal fee calculator" of this website adopts the conventional charging mode to calculate.
nonrecurring expense
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution. The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
Risk cost
Risk charge means that only a small amount of fees are charged before the execution of judgment, mediation and settlement, and higher fees are charged after winning the case or executing the payment. The charging standard is about 2000- 10000 in the upfront cost, and 10-30% after winning the case.
The above charging methods shall be determined by the lawyer and the client through consultation according to the specific circumstances.
In a word, the way and amount of lawyer's fees are determined by the lawyer and the client through consultation within a certain range. How to charge for a specific case and how much the lawyer's fee should be determined through consultation with the lawyer.
References:
Baidu encyclopedia-lawyer's agency fee