1. Cases stipulated by law, such as traffic accidents, medical disputes, personal injuries and other personal infringement cases; Legal aid cases; Cases of infringement of intellectual property rights; Cases of unfair competition; Cases in which the creditor exercises the right of revocation to realize the secured creditor's rights; Internet infringement cases; Commercial arbitration cases.
2. According to the principle of freedom of contract, as long as both parties clearly stipulate in the contract that the losing party will bear the lawyer's fee in future litigation, the court will generally support it.
Attorney's fees are usually paid by the client. Generally speaking, whoever hires a lawyer pays. 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.
In addition, if both parties stipulate in the contract that the lawyer's fee shall be borne by the losing party, then the lawsuit request for lawyer's fee will generally be supported in the case of prosecution or arbitration.
The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
The litigation rights of lawyers acting as agents in civil litigation are divided into litigation rights enjoyed according to law and litigation rights obtained according to the principal-agent relationship. The litigation rights enjoyed according to law mainly refer to the rights enjoyed by lawyers to participate in civil litigation based on their special status according to the provisions of China's civil procedure law. In civil litigation agency activities, lawyers enjoy the following legal litigation rights and the right to investigate and collect evidence. Lawyers have the right to investigate, collect evidence and consult documents from relevant units and individuals, and relevant units and individuals have the responsibility to give support; Have the right to consult and copy the materials and legal documents related to this case; Litigation right to appear in court to perform duties; The right to dissolve or resign from the entrustment relationship; Other litigation rights stipulated by law.
Legal basis: Article 540th of the Civil Code, the scope of cancellation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor.