Who will pay the lawyer's fees and legal fees?

1. Unless otherwise specified, the attorney's fees are generally borne by the client and the legal fees are generally borne by the losing party, but they should still be written in the litigation request. Because this is an entrustment contract, the parties and lawyers are both parties to the contract and are only binding on them. 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.

Second, who will bear the litigation costs:

1. In most cases, you can see such a statement in the plaintiff's claim: "The litigation expenses in this case shall be borne by the defendant". This reflects the appeal of the parties: let the other party bear the legal costs. However, this claim is not always supported by the court.

The fifth chapter of the Measures for Payment of Litigation Fees makes detailed and specific provisions on the subject of litigation fees. The general principle is that the losing party shall bear the litigation fees.

When there are principles, there are usually exceptions. For example, in some cases, the burden of litigation costs can be settled by the parties through consultation (cases where a mediation agreement is reached, divorce cases), and the court will decide after the negotiation fails;

To sum up, the rigorous answer to the question of who will bear the litigation costs is not "borne by the other party" or "borne by the losing party", but "generally borne by the losing party, but there are exceptions"

3. Regarding the burden of attorney's fees, there are no laws and regulations in China's current laws that are uniformly applicable to all cases and similar to the Measures for Payment of Litigation Fees.

3. What are the legal fees and legal fees?

(1) Attorney's fees refer to the remuneration that a lawyer should receive for handling legal affairs on behalf of his clients.

(2) Legal fees refer to the fees that a party should pay when bringing a lawsuit to a people's court, including the fees for accepting a case and other legal fees.

Legal basis:

Article 118 of the Civil Procedure Law stipulates that the parties shall pay the case acceptance fee in accordance with the regulations when conducting civil litigation. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations. Measures for charging litigation fees shall be formulated separately.