In contract disputes, as long as they do not violate the law, they all highly respect the autonomy of the parties and follow the agreement. As long as the contract clearly stipulates that one party's breach of contract leads to litigation, the legal fees for prosecution shall be borne by the breaching party. Once the prosecution requires the defaulting party to bear the lawyer's fee, it will be supported by the court because there is an express agreement.
2. Legal aid cases
In legal aid cases, the expenses incurred by the designated legal aid agent, such as travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection fees, can be listed in the plaintiff's claim, and the requirements shall be borne by the defendant. If the defendant loses the case, such claims can generally be supported by the court.
3, copyright, patent rights, trademark rights and other intellectual property infringement cases.
In intellectual property infringement cases such as copyright, patent right and trademark right, lawyer's fees are regarded as reasonable expenses paid by the right holder to stop the infringement, which can be included in the scope of compensation and supported by the court.
4, unfair competition as a case.
In the case of unfair competition, the lawyer's fee can be included in the "reasonable expenses paid by the operator to investigate the unfair competition behavior of the operator who infringes on his legitimate rights and interests" in order to claim compensation from the infringer.
5. Litigation cases in which creditors exercise their right of cancellation in contract disputes.
Necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately.
Legal basis: Paragraph 1 of Article 49 of the Copyright Law: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. "
Paragraph 2 of Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes: "The people's court may calculate the lawyer's fees in accordance with the provisions of the relevant state departments within the scope of compensation according to the claims of the parties and the specific circumstances of the case."
Paragraph 1 of Article 65 of the Patent Law: "The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
Article 22 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes: "If the obligee claims to have paid a reasonable fee to stop the infringement, the people's court may calculate compensation beyond the amount determined in Article 65 of the Patent Law."