Legal analysis: Who will bear the legal fees? In our country, in principle, the attorney fees of both the original defendant and the defendant are borne by the client himself. Legally speaking, litigants hire lawyers to make up for their legal deficiencies, and of course they have to bear the legal costs themselves. However, there are a few exceptions. If the plaintiff wins the case, his lawyer's fees will be borne by the defendant. Such as patent infringement cases and unfair competition cases. However, the commitment of legal fees for traffic accidents varies from place to place. This paper takes Shanghai as an example. Shanghai supports the defendant to pay the lawyer's fee in traffic accident cases. According to Article 14 of the Notice of Shanghai Higher People's Court on Printing and Distributing Some Specific Opinions on the Trial of Civil Cases (Gao Hu Famin [2000] No.44), can the lawyer's fees be claimed as losses? We believe that the so-called loss refers to the loss of property interests brought to the victim by the illegal behavior of the breaching party or the injuring party. .
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 1 This Law is formulated with a view to improving the lawyer system, standardizing lawyers' practice behavior, ensuring lawyers to practice according to law, and giving full play to lawyers' role in the construction of socialist legal system.
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients. Lawyers should safeguard the legitimate rights and interests of the parties, the correct implementation of the law and social fairness and justice.