论文部分内容阅读
【裁判要旨】律师事务所指派律师代理委托人进行诉讼活动,因其在诉讼中代理委托人提出的诉讼请求仅获得了法院的部分支持,委托人要求律师事务所赔偿未获支持部分所多缴纳的诉讼费。在这种情况下,律师事务所是否应当承担赔偿责任,应当根据其与委托人订立的委托合同中约定的义务以及合同法、律师法等相关法律所规定的法定义务为依据,来界定律师的执业行为是否存在过错并实际导致了损失的发生。
【Referee essentials】 The law firm assigns a lawyer to represent the client for litigation. Because the litigation request made by the principal client in the litigation only obtains partial support from the court, the client requests the law firm to compensate the unsupported part for more payment Litigation fee. Under this circumstance, whether a law firm should bear the liability for compensation should be based on its obligations as stipulated in the entrustment contract with the client and the statutory obligations stipulated in the relevant laws such as the Contract Law and the Lawyer Law, so as to define the lawyers’ Is there any fault in the practice and actually caused the loss?