Attorney's fees are usually paid by the client. Generally speaking, whoever hires a lawyer pays. However, in some cases, if the parties to the contract have an agreement on the subject matter of attorney fees, or in some intellectual property cases such as trademark rights and patent rights, if the plaintiff asks the defendant to bear the attorney fees arising from the investigation and stop the infringement in the complaint, the court may decide that the attorney fees shall be borne by the losing party. In addition, if both parties stipulate in the contract that the lawyer's fee shall be borne by the losing party, then the lawsuit request for lawyer's fee will generally be supported in the case of prosecution or arbitration.
When drawing up the 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. When drafting such a breach of contract clause, we must pay special attention to clearly stating "lawyer's fees". The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee.
legal ground
The Supreme People's Court's explanation on several issues concerning the trial of personal injury compensation cases.
Article 17 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.