I. General principles
In civil litigation, the lawyer's fee shall be borne by the party entrusting the lawyer in principle. In other words, if both the plaintiff and the defendant choose to hire a lawyer, then the lawyer's fees are generally paid by themselves. This is because the lawyer's fee belongs to the litigation costs of the parties, not to the litigation costs borne by the losing party.
Second, the cost under special circumstances.
However, in some special circumstances, the law may stipulate or allow the losing party to bear the lawyer's fees of the other party. This usually happens in the following situations:
1. Contract agreement: If the contract between the parties clearly stipulates the way to bear the lawyer's fees, it shall be implemented in accordance with the contract agreement. For example, some contracts may stipulate that if one party's breach of contract leads to litigation, then the breaching party needs to bear the other party's lawyer's fees.
2. Legal provisions: In some specific legal provisions, it may be clearly stipulated that the losing party shall bear the lawyer's fees of the other party. For example, in some cases of intellectual property infringement, the law may stipulate that the infringer needs to bear the attorney's fee of the infringed party.
3. Court decision: In some cases, the court may, according to the specific circumstances of the case, decide that the losing party shall bear the lawyer's fees of the other party. This usually happens when the parties' behavior is obviously improper or abuse their litigation rights.
Three. Matters needing attention in attorney fees.
It should be noted that even in the above-mentioned special circumstances, the commitment of legal fees needs to meet certain conditions and procedures. For example, when asking the other party to bear the lawyer's fee, it is necessary to provide sufficient evidence to prove the rationality and necessity of the lawyer's fee. In addition, the amount of legal fees should be reasonable, neither too high nor too low.
To sum up:
Who will bear the legal costs of litigation? There is no fixed answer. It needs to be determined according to the specific circumstances of the case, legal provisions and the agreement of the parties. Under normal circumstances, the attorney's fee shall be borne by the party who entrusts the lawyer; However, under special circumstances, such as contract agreement, legal provisions or court ruling, the losing party may bear the lawyer's fees of the other party.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 58 provides that:
The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.
Contract law of the people's Republic of China
Article 60 provides that:
Both parties shall fully perform their respective obligations in accordance with the agreement. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.