Only under special circumstances can the lawyer's fees be paid by the losing party, including:
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 in which the creditor exercises the right of revocation to realize the secured creditor's rights; Internet infringement cases; Commercial arbitration cases;
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.
The duties of a lawyer include:
1. A lawyer acting as a legal adviser shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client.
2. If a lawyer represents litigation legal affairs or non-litigation legal affairs, he shall safeguard the legitimate rights and interests of the client within the scope of authorization.
3. As a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
The obligations of lawyers are as follows:
1. After accepting the entrustment, the lawyer shall not refuse to defend or represent without justifiable reasons.
2. A lawyer shall keep the state secrets and business secrets he knows in his practice activities, and shall not disclose the privacy of the parties.
3. A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.
4. Do not collect agency fees and other fees without permission.
5. Do not collude with others to harm the interests of the agent.
6. Do not meet with judges, prosecutors and the other party in violation of regulations.
To sum up, the lawyer's fees are generally borne by the parties themselves, and have nothing to do with the outcome of the lawsuit. If the law expressly provides, the defendant may be required to bear it. The lawyer's fee is generated by the parties' independent choice of whether to hire a lawyer according to their own situation. They can hire a lawyer or not, so there is no necessary causal relationship between the expenses incurred in the litigation and the defendant's breach of contract and infringement.
Legal basis:
Article 25 of the Lawyers Law of People's Republic of China (PRC)
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully.
Law firms and lawyers shall pay taxes according to law.