1. The lawyer's fees for traffic litigation shall be borne by the defendant under special circumstances. Under normal circumstances, whoever hires a lawyer will bear the expenses, because lawyers protect the legitimate interests of their clients. However, in traffic accidents, in order to protect the interests of victims, the court supported the request of traffic accident victims to ask the defendant to bear the lawyer's fees, as long as it is within the prescribed scope.
2. Legal basis: Article 5 of the Measures for the Administration of Lawyers' Fees in People's Republic of China (PRC).
A law firm shall provide the following legal services according to law and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Second, if you win the lawsuit, who will bear the legal fees?
In general, the attorney's fee for winning the lawsuit shall be borne by the entrusting party. In general, the lawyer's fee is borne by one party, and only under special circumstances can the lawyer's fee be paid by the losing party. Special circumstances include:
1. Cases stipulated by law, such as traffic accidents, medical disputes, personal injuries and other personal infringement cases, legal aid cases, cases of infringement of intellectual property rights, cases of unfair competition, cases of creditors exercising their cancellation rights to realize secured creditor's rights, online infringement cases, commercial arbitration cases, etc.
2. According to the principle of freedom of contract, as long as both parties clearly stipulate in the contract that the losing party will bear the lawyer's fee in future litigation, the court will generally support it.