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. 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.
Among them, the main specific provisions for the lawyer's fees borne by the losing party are as follows:
1, IPR infringement case;
2. Patent infringement cases;
3. Cases of unfair competition;
4, traffic accidents, medical disputes, personal injury and other personal infringement cases;
5. Legal aid cases
6. Litigation cases in which creditors exercise their right of cancellation in contract disputes;
7, loan guarantee contract litigation cases;
8. Information network infringement cases;
9. Commercial arbitration cases.
In addition, although consumer civil public interest litigation cases and environmental public interest litigation cases also have provisions on legal fees, they are not applicable to ordinary civil litigants after all.
The litigation costs that the parties to a civil lawsuit should pay to the people's court include:
1, case acceptance fee;
2. Application fee;
3, witnesses, experts, translators, adjusters appear in court on the date specified by the people's court, transportation, accommodation, living expenses and lost time allowance.
To sum up, if you ask a lawyer to represent a civil case and win the case without special instructions, the attorney's fee shall be borne by the client himself. But in some civil and commercial cases, the losing party has to bear the lawyer's fee. Except that the law expressly stipulates that the lawyer's fees shall be borne by the losing party, they are generally borne by themselves.
Legal basis:
Article 16 of the Measures for the Administration of Lawyers' Service Fees
When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 19
Lawyers' fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by law firms on behalf of clients in the process of providing legal services are not lawyers' service fees, and shall be paid separately by clients.
Article 20 of the Measures of the People's Republic of China on Payment of Litigation Costs
The case acceptance fee shall be paid in advance by the plaintiff, the third party with independent claim and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, it shall pay it in advance. The case of recovering labor remuneration may not pay the case acceptance fee in advance.
The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Item (1) and Item (6) of Article 10 of these Measures are not paid by the applicant in advance, but after the implementation of the application fee, and the bankruptcy application fee is paid after the liquidation.
The fees stipulated in Article 11 of these Measures shall be paid after the actual occurrence.
Article 29
The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them.
Article 53
After the case is concluded, the people's court shall notify the parties in writing of the detailed list of litigation costs and the amount to be borne, and specify the amount to be borne by the parties in the written judgment, ruling or conciliation statement.