The law does not force the parties to be represented by a lawyer, so the parties can choose to hire a lawyer or not according to their own situation. The defendant may be required to bear the lawyer's fees and legal fees in the following cases:
1, legal aid case;
2. Cases of copyright infringement;
3. Trademark infringement cases;
4. Patent infringement cases;
5. Cases of unfair competition;
6. Litigation cases in which creditors exercise their right of cancellation in contract disputes;
7. Security right litigation cases;
8. Consumer civil public interest litigation cases.
In civil litigation, the legal fees are allocated by the court according to the actual situation of the case, and who generally loses the lawsuit. As for the lawyer's fee, if there is an agreement, it can be agreed. If there is no agreement, whoever asks for a lawyer will pay. Among them, the losing party in the intellectual property case bears all the expenses.
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request about lawyer's fee will generally be supported in prosecution or arbitration. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail.
legal ground
Measures for payment of litigation fees
Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it.
If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object. Article 32 If the provisions of Item (1) and Item (2) of Article 9 of these Measures are met, the litigation expenses shall be borne by the party applying for retrial; If both parties apply for retrial, the litigation costs shall be borne in accordance with the provisions of Article 29 of these Measures. The burden of litigation costs in the original trial shall be re-determined by the people's court according to the principle of litigation costs burden.