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2. According to China's current procedural law and relevant judicial interpretations, the following nine situations or circumstances clearly stipulate that the losing party shall bear the reasonable (but not all) attorney's fees of the winning party:
1, personal injury compensation, reputation infringement, traffic accident cases;
2. Cases of copyright infringement;
3. Trademark infringement cases;
4. Patent infringement cases;
5. Cases of unfair competition;
6. Security right litigation cases;
7. Litigation cases in which creditors exercise their right of cancellation in contract disputes;
8. Legal aid cases;
9. Arbitration cases.
The principles for charging attorney fees are as follows:
1, the general case acceptance fee shall be borne by the losing party. If both parties are responsible, they should share it. Other litigation costs are determined by the people's court according to the specific circumstances, and the amount borne by both parties;
2. If there is no disputed amount in intellectual property dispute cases, each piece shall be paid from 500 yuan to 1 000 yuan; The disputed amount shall be paid according to the charging standard of property cases;
3. Bankruptcy cases are calculated according to the total property value of the bankrupt enterprise and the charging standard of property cases, and paid by half, but the maximum amount is not more than 100000 yuan;
4. If the lawsuit is withdrawn, the acceptance fee shall be halved and borne by the plaintiff. Other litigation costs are charged according to actual expenses;
5. The acceptance fee for the case of dismissing the prosecution shall be borne by the prosecuting party;
6. The legal fees for cases reached through mediation shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment. In the case of an appeal reached through mediation by the people's court, the burden of all litigation costs in the first and second trials should also be solved in this way.
To sum up, if both parties have an agreement, they can ask the losing party to bear the legal fees.
Legal basis:
Article 25 of the Lawyers Law of People's Republic of China (PRC)
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully.
Law firms and lawyers shall pay taxes according to law.