The lawyer's fee shall be borne by the party who hired the lawyer, and may also be borne by the losing party in some cases. In the case that the law and judicial interpretation stipulate that the losing party can bear the lawyer's fee:
1. In case of contract dispute, the creditor exercises the right of cancellation. 2. Copyright civil disputes 3. Trademark civil dispute. Patent dispute. Disputes over security rights. Unfair competition. Personal injury compensation, reputation infringement, traffic accidents 8. Arbitration case.
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. 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
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the People's Contract Law of China (I) Article 26 The necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor. If three people are at fault, they shall share it appropriately.
Article 7 of the Joint Notice of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid, the travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection fees and other expenses necessary for legal aid personnel to handle legal aid cases. If the claim includes the donee, the people's court may award it to the losing party who is not the donee according to the specific circumstances.