Legal basis: Article 29 of the Measures for Payment of Litigation Fees shall be borne by the losing party unless the winning party voluntarily bears it.
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 a party loses the case, the people's court shall determine the amount of litigation costs borne by each party according to its interest in the subject matter of litigation.
Under what circumstances should the lawyer's fee be borne by the defendant?
The lawyer's fees are generally borne by the parties themselves, and the defendant may also be required to bear them under the circumstances stipulated by law.
If the lawsuit is lost, who will pay the lawyer's fee?
The relevant provisions clearly stipulate that the lawyer's fees shall be borne by the losing party:
1. In case of contract dispute, the creditor exercises the right of cancellation.
The Supreme People's Court's explanation on some issues concerning the application of the People's Republic of China (PRC) Contract Law (I): "Article 26 The necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. "
2. Copyright civil dispute cases.
The Supreme People's Court's explanation on several issues concerning the application of law in the trial of copyright civil disputes: "Article 26 The reasonable expenses paid for stopping infringement as stipulated in the first paragraph of Article 48 of the Copyright Law include the reasonable expenses paid by the obligee or entrusted agent for investigating and collecting evidence of infringement. The people's court may, according to the litigant's claims and specific cases, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "
3. Trademark civil dispute cases.
The Supreme People's Court's explanation on several issues concerning the application of law in the trial of trademark civil disputes: "Article 17 The reasonable expenses paid for stopping infringement as stipulated in the first paragraph of Article 56 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. "