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Who Should Pay the Lawyer's Fee in Case of Traffic Accident

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Who Should Pay the Lawyer's Fee in Case of Traffic Accident


        

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  • 2024-06-06 14:00:02

    The attorney's fees for ordinary traffic accidents shall be borne by the entrusting party. However, if the necessary expenses for handling the case, such as travel expenses, printing fees, transportation and communication fees, and investigation and evidence collection fees, are involved in legal aid cases handled by legal aid personnel, and the aided party is included in the lawsuit request, the court may, according to specific circumstances, award the non aided losing party to bear them. The exercise scope of the cancellation right is limited to the creditor's rights. The necessary expenses for the obligee to exercise its cancellation right shall be borne by the obligor.

    The attorney fees shall be determined by the law firm and the client through consultation. The following main factors shall be taken into consideration when the law firm negotiates with the client on the fees for lawyer services:

    (1) Working time consumed;

    (2) The difficulty of legal affairs;

    (3) The client's affordability;

    (4) Possible risks and responsibilities of lawyers;

    (5) The social reputation and working level of lawyers.

    [Legal Basis]

    Article 7 of the Joint Notice of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid, which states that the court may, according to the specific circumstances, award the non aided losing party to bear the necessary expenses for legal aid personnel to handle legal aid cases, such as travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection expenses, etc.

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