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. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail.
The losing party shall bear all expenses.
1. In case of contract dispute, the creditor exercises the right of cancellation.
2. Copyright civil dispute cases.
3. Trademark civil dispute cases.
When will the lawyer's fee be paid?
There are generally two ways to pay lawyer's fees. First, pay in advance, and pay the lawyer's fee when signing the agency contract. The second risk agent is to pay after closing the case, and the lawyer's fee is relatively high. Details can be negotiated with lawyers.
Lawyer fees have the following characteristics:
1. Lawyers shall collect fees uniformly in the name of their law firm, and shall not collect lawyer's fees privately.
2. Lawyer's fees are different from the funds for handling cases, and the necessary expenses incurred by lawyers for handling entrusted affairs must still be borne by the client. Such as transportation, accommodation, and judicial expertise fees.
3. Attorney fees are different from legal fees. Lawyer's fee is a civil agency fee based on the entrustment relationship, and lawyer's fee is a compulsory fee based on bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees.
Legal basis:
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I)
Article 26 The necessary expenses such as attorney's 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.