1. The other party can be required to bear the attorney's fees for successful civil litigation and traffic accident cases. 2. Both parties clearly agreed in the contract that the attorney’s fees shall be borne by the losing party. According to the principle of freedom of contract, as long as both parties agree in the contract that attorney fees will be borne by the losing party, claims for attorney fees will generally be supported during prosecution or arbitration. 3. Laws and judicial interpretations clearly stipulate that the losing party shall bear the winning party’s reasonable attorney fees. In daily life, it is unavoidable to have disputes with individuals or companies. When the disputes are complex or professional, the parties will usually ask lawyers to resolve them. At this time, lawyer fees are the largest expenditure in the process. So which types of civil cases Can the attorney's fees for winning a lawsuit be borne by the other party? The editor will introduce it to you in detail in the following content.

1. The other party can be required to bear the attorney's fees for successful civil litigation and traffic accident cases. Article 1179 of the Civil Code (effective from January 1, 2021): Anyone who infringes upon others and causes personal damage shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization food subsidies. Reasonable expenses for treatment and rehabilitation, as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated. Paragraph 3 of Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" stipulates: "If the victim dies, the compensation obligor shall, in addition to the relevant expenses specified in paragraph 1 of this article based on the rescue and treatment conditions, compensate , and should also compensate for funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, loss of work and other reasonable expenses incurred by relatives of the victim for funeral matters." The Shanghai Higher People's Court issued a decision as early as 2000. The notice issuing "Several Specific Opinions on the Trial of Civil Cases" states that in cases of personal injury compensation, "lawyer fees are property interests in nature and can, in principle, be regarded as losses." In judicial practice in traffic accident cases, are lawyer fees supported? Court practices vary from place to place. For example: Hefei generally does not support attorney fees, but Shanghai does. In 2005, the Shanghai Higher People's Court issued a notice on "Answers to Several Issues Concerning the Trial of Road Traffic Accident Damage Compensation Cases", which clearly stipulated that "the parties request compensation for the expenses incurred in handling the accident (such as transportation expenses, lost work expenses, and evidence collection fees). , attorney fees, etc.), if the expenses have actually been incurred and must be reasonable, they can be supported. ”

2. The parties clearly agreed in the contract that the attorney fees will be borne by the losing party. According to the principle of freedom of contract, As long as both parties agree in the contract that attorney fees will be borne by the losing party, claims for attorney fees will generally be supported during prosecution or arbitration. Therefore, when drafting the contract, the parties to the contract can include attorney fees as part of the compensation for breach of contract, and can even list in detail the manner and standards for bearing attorney fees. When drafting such a breach of contract clause, special attention must be paid to clearly stating "attorney's fees". Others such as "expenses for realizing creditor's rights" are not clearly agreed and may not be supported by attorney's fees. The court's agreement on this The censorship is very strict. When filing a lawsuit, the plaintiff must submit the entrustment contract signed with the law firm and the attorney fee invoice issued by the law firm as evidence of payment of attorney fees. However, the specific amount of support will depend on the judge's discretion, which is based on the nature of the case. Usually the court will support "reasonable" attorney's fees, not the full costs.

3. Laws and judicial interpretations clearly stipulate that the losing party shall bear the winning party’s reasonable attorney fees. 1. Legal aid cases: Article 7 of the "Joint Notice of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid Work": "Travel expenses, printing fees, transportation and communication fees, and investigation and evidence collection fees required by legal aid personnel to handle legal aid cases If the necessary expenses for handling the case are included in the litigation claims of the aided party, the court may determine that the non-aided losing party shall bear them based on the specific circumstances.” Therefore, when lawyers handle legal aid cases, it is recommended that attorney fees be included in the litigation request and required to be borne by the defendant.

2. Copyright infringement cases: Article 48 of the "Copyright Law" stipulates: "If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may compensate the infringer according to the violation of the law. The amount of compensation shall also include the reasonable expenses paid by the right owner to stop the infringement." According to Article 26 of the "Interpretations of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Dispute Cases", "the reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include the right holder or the entrusted party The agent’s reasonable expenses for investigating and collecting evidence on infringements. The People’s Court may, based on the litigant’s claims and specific case circumstances, include attorney’s fees that comply with the provisions of relevant state departments within the scope of compensation.” 3. Trademark infringement cases: Article 17 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" clearly stipulates: "The reasonable expenses paid to stop infringement as stipulated in Article 56, paragraph 1, of the Trademark Law include The reasonable expenses incurred by the right holder or his authorized agent to investigate and obtain evidence of infringement. The people's court may calculate attorney fees that comply with the provisions of relevant national departments into the scope of compensation based on the parties' litigation claims and the specific circumstances of the case. " 4. Patent infringement. Case: Article 22 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The People's Court may calculate the reasonable expenses paid by the right holder for investigating and stopping infringement based on the request of the right holder and the specific circumstances of the case. Within the scope of the amount of compensation.” 5. Unfair Competition Cases Article 20 of the Anti-Unfair Competition Law stipulates: If an operator violates the provisions of this Law and causes damage to the injured operator, he shall bear the liability for damages. If the infringing operator's losses are difficult to calculate, the amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period; the infringed operator shall also bear the costs incurred by the infringed operator for investigating the operator's unfair competition behavior that infringed upon its legitimate rights and interests. Reasonable fees. 6. Litigation cases involving creditors exercising their right to cancel in contract disputes: Article 26 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)" clearly stipulates: "The payment made by the creditor when exercising his right to cancel" Necessary expenses such as attorney fees and travel expenses shall be borne by the debtor; if the third party is at fault, the debt shall be appropriately shared.” 7. Guarantee rights litigation cases: Article 21 of the “Guarantee Law of the People’s Republic of China” stipulates: “ The scope of the guarantee includes the principal claim and interest, liquidated damages, damages and costs of realizing the claim. " Analysis: If the debtor performs its debt as promised, the creditor's rights and interests can be realized. Because the debtor fails to perform its obligations, the creditor has to resort to litigation. To realize the rights, the attorney fees paid thereby are the expenses incurred by the party to realize its creditor's rights and belong to the property losses of the party. The "expenses for realizing the creditor's rights" stipulated in Article 21 of the "Security Law" shall include reasonable attorney's fees. 8. Arbitration cases Arbitration can support arbitration requests in which the attorney fees are borne by the losing party. The 1994, 1995, 1998 and 2000 editions of the China International Economic and Trade Arbitration Commission Arbitration Rules (referred to as the CIETAC Rules) all have similar provisions. The arbitral tribunal has the right to rule in the award that the losing party should compensate the winning party for handling the case. Part of the reasonable expenses incurred, but the amount of compensation shall not exceed 10% of the winning amount of the winning party. In practice, this fee also includes attorney fees, but is limited to a ratio of 10% of the winning amount. The latest CIETAC Rules (2005 edition) has canceled this 10-limit limit, and Article 46 stipulates that “expenses shall be borne: (1) The arbitral tribunal shall have the right to rule in the arbitration award the amount that the parties shall ultimately pay to the arbitration commission. Arbitration fees and other expenses. (2) The arbitral tribunal has the right to rule in the award based on the specific circumstances of the case that the losing party should compensate the winning party for the reasonable expenses incurred in handling the case.

When the arbitral tribunal determines whether it is reasonable for the losing party to compensate the winning party for the expenses incurred in handling the case, it shall specifically consider factors such as the outcome of the case, its complexity, the actual workload of the winning party and/or its agent, and the amount in dispute in the case.” . Obviously, this gives the arbitral tribunal greater discretion. In summary, if the case is a traffic accident case, or if the contract clearly stipulates that the losing party shall bear the attorney's fees, the winning attorney's fees in the civil lawsuit can be claimed. If you encounter such disputes in your daily life, you must consult a local professional lawyer to carefully verify your case situation and contract terms to avoid your own losses.