Can the other party bear the lawyer's fees? Under what circumstances can it be done? Many people in life do not want to litigate. In addition to the difficulty of litigating, there is also the factor of expensive litigation. Many people expect the judge to order the other party to bear attorney fees and litigation costs. After all, this is a considerable property benefit. In judicial practice, requests for the other party to bear attorney's fees are rarely supported. If you want the other party to bear attorney's fees, you can request the court to order the other party to bear attorney's fees if two conditions are met. 1. The parties have agreed that the breaching party shall bear the attorney's fees. The principle of attorney's fees in civil litigation is to ignore the lawsuit. If you do not file a request for the other party to bear the attorney's fees during the lawsuit, the judge will not act ex officio. Sovereignty determines the liability of lawyers. In order for the losing party to bear attorney's fees, relevant content needs to be clearly stipulated in the contract, such as "the breaching party needs to bear the expenses paid by the observant party to realize its creditor's rights, including but not limited to (attorney's fees, litigation fees, appraisal fees, transportation fees, lost time, etc.)". If both parties clearly agree on the above content when signing a contract and file it as a claim when suing, the court will generally support the request for attorney fees. 2. If the law stipulates that the other party should bear the attorney's fees, you can request the other party to bear the attorney's fees. According to the law, the following types of cases can request the other party to bear the attorney's fees: 1. Intellectual property cases. Copyright infringement, trademark infringement, patent infringement, and unfair competition cases are clearly stipulated by law, and the amount of compensation includes the reasonable expenses paid by the rights holder to stop the infringement. 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 be compensated according to the illegal income. The amount of compensation It should also include the reasonable expenses paid by the right owner to stop the infringement." The law's provisions on trademark and patent infringement cases and unfair competition cases are similar to the provisions of the Copyright Law, and are not quoted here in full. 2. Litigation cases involving creditors exercising their right of rescission in contract disputes. Article 26 of the "Contract Law Interpretation (I)" stipulates: "The necessary expenses such as attorney fees and travel expenses paid by the creditor to exercise the right of revocation shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared." 3. There is a 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 creditor's rights and interest, liquidated damages, damages and expenses for realizing the creditor's rights. In the above-mentioned types of cases, as long as attorney fees are raised during the lawsuit If you undertake a lawsuit, you will basically get support. 3. The Supreme People’s Court issued litigation guidance last year, recommending that litigation costs be borne by the losing party. Article 22 of the “Several Opinions of the Supreme People’s Court on Further Promoting the Separation of Complex and Simplified Cases and Optimizing the Allocation of Judicial Resources.” : Guide parties to litigate honestly and rationally. Intensify the crackdown on false litigation, malicious litigation and other non-honest litigation behaviors, give full play to the leverage of litigation fees and attorney fees to regulate parties’ litigation behavior, and encourage parties to choose appropriate ways to resolve disputes. If obvious misconduct, such as litigation rights or delay in assuming litigation obligations, causes direct losses to the litigating party or a third party, the people's court may support the legitimate demands for compensation of reasonable attorney's fees made by the non-fault party according to the specific circumstances. This opinion is Encourage and support the People's Court to determine that the at-fault party (usually the losing party) should compensate the innocent party for legal fees based on the actual circumstances. In short, in actual justice, the losing party must bear reasonable legal fees, and the national standards are not uniform. Even judges in the same court have different understandings and support for this. In civil activities, the best way is to stipulate reasonable expenses such as attorney fees in the form of contract clauses, and then sue the court in accordance with the contract. Basically, everyone will support it. So the key is to make a good agreement on how lawyers generally charge. We all know that there are four situations where you can’t pay the lawyer’s fees. Sometimes you can’t win or lose even if you hire a lawyer. If you still lose the lawsuit, you will feel that it is better not to hire a lawyer, and you will lose the lawsuit even after spending money. So if you lose the lawsuit, do you still have to pay attorney fees? Generally speaking, if you lose the lawsuit, the attorney fees should be. The amount is what it is, and winning or losing the lawsuit is not a reason to refuse to pay attorney fees.

Moreover, attorney fees are generally paid to the attorney you entrusted when you sign the agency contract, and they cannot be refunded to you if you lose the lawsuit. 1. Should attorney fees be paid first or after the lawsuit is filed? The lawyer can decide how to collect attorney fees after consultation with the client. It may be paid in advance or paid later. In fact, attorney fees are usually the first thing to be paid. As a member of the service industry, every lawyer can only promise to do his best. The lawyer's fee refers to the process from entrustment to the conclusion of the case. The lawyer's fee paid is not the fee that the lawyer guarantees you to win the case. 2. There are mainly the following ways to charge attorneys: 1. Ordinary agency. This is a relatively common way to charge attorneys. You pay as much as you sign the contract. Regardless of the final result, the attorney fees are non-refundable. 2. Semi-risk agency refers to paying a part of the fee when entrusting a lawyer. After the result of the case comes out, if the agreed result is achieved, the remaining attorney fee will be paid; if the result is not achieved or the case is lost, the remaining money will be paid. No more paying. 3. Full-risk agency This method means that no lawyer fees are spent when signing the contract. After the final result of the case comes out, the lawyer fees will be paid according to the contract if the case is won; if the case is lost, the lawyer fees will not be paid. However, the litigation fees to the court are the same as ordinary agency and semi-risk agency. You need to pay the court yourself. If you lose the case, the litigation fees are not refundable. There are many reasons for losing a lawsuit. If the lawyer is irresponsible and the case is lost, for example, if the lawyer is not present during the trial, you can ask the lawyer for compensation or refund. Semi-risk or full-risk agency models can save all or part of the legal fees. 4. Advance money to litigate, and charge only if you win. Everyone knows that no one can guarantee victory or defeat in a lawsuit, so we are faced with the embarrassing situation of not only spending money in vain but also losing the lawsuit. In response to this situation, Fabao Online has launched a new legal service agency model - advance money to litigate, and charge only if you win (file the lawsuit first and then charge): all costs of litigating the case to the parties, including attorney fees, litigation fees, execution fees, etc. The entire amount is paid in advance and will be paid proportionately after the case is successfully executed. To sum up, there are only four situations in which you can avoid paying attorney fees if you lose the lawsuit: 1. The lawyer makes a major mistake, 2. Half-risk agency, 3. Full-risk agency, 4. Magic Online’s money-advance lawsuit mode allows you to fight the lawsuit without spending money. If you lose the lawsuit, you will not be paid. The "advance litigation" model bundles the interests of the client and the lawyer, making the lawyer more responsible to the client when representing the case. The legal basis for "attorney's fees" to be borne by the losing party (all are covered this time). There is no inevitable causal relationship between the attorney's fees incurred in litigation and the defendant's breach of contract, infringement and other behaviors that led to the loss of the lawsuit. In judicial practice, the People's Court basically This claim will not be supported unless there is evidence that the plaintiff and defendant have agreed in advance that the attorney fees will be borne by the losing party. But there are always exceptions to everything. The parties can agree in advance on who will bear the attorney fees. The relevant national judicial authorities also take into account the professionalism and complexity of certain cases and pass relevant regulations (including judicial interpretations of the courts). Under certain circumstances, the court may support the plaintiff's request that the losing defendant bear attorney's fees. 01. 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, investigation and evidence collection fees and other necessary case handling expenses required by legal aid personnel to handle legal aid cases , if the aided party includes the claim in the lawsuit, the court may decide that the non-aided party loses the responsibility according to the specific circumstances. 02. Copyright infringement cases Copyright Law Article 48: 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 be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. Article 26 of the Interpretation of the Supreme People's Court on Several Issues Applicable in the Trial of Copyright Civil Dispute Cases: The reasonable expenses paid to stop the infringement as stipulated in Article 48, Paragraph 1 of the Copyright Law include the right holder or the entrusted agent to carry out the infringement. Reasonable expenses for investigation and evidence collection. The People's Court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with the provisions of relevant national departments into the scope of compensation.

03. Trademark Infringement Cases Article 17 of the Interpretation of the Supreme People's Court on Several Issues Applicable Law in the Trial of Trademark Civil Dispute Cases: Reasonable expenses paid to stop infringement as stipulated in Article 56, Paragraph 1 of the Trademark Law, including the rights holder or entrusted agent Reasonable expenses for investigation and evidence collection of infringement. The People's Court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the provisions of relevant national departments into the scope of compensation. 04. Patent Infringement Cases Article 22 of the Supreme People’s Court’s Regulations on Applicable Legal Issues in the Trial of Patent Dispute Cases: Based on the request of the right holder and the specific circumstances of the case, the people’s court may calculate the reasonable expenses paid by the right holder to investigate and stop the infringement. within the amount of compensation. 05. Unfair Competition Cases Article 20 of the Anti-Unfair Competition Law: If an operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If the infringed operator's losses are difficult to calculate, he shall compensate the infringed operator. The amount shall be the profit gained by the infringer due to the infringement during the infringement period; and shall bear the reasonable expenses paid by the infringed operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests. 06. Litigation cases concerning the exercise of the right of rescission by creditors in contract disputes. 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)" Article 26: Attorney's fees paid by the creditor for exercising the right of rescission. , travel expenses and other necessary expenses shall be borne by the debtor; if the third party is at fault, it shall be appropriately shared. 07. Security right litigation cases Article 21 of the Guarantee Law of the People's Republic of China: The scope of guarantee includes the main creditor's right and interest, liquidated damages, damages and costs of realizing the creditor's rights. 08. Commercial Arbitration Cases Article 52 of the China International Economic and Trade Arbitration Commission Arbitration Rules: Bearing of Costs (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 expenses incurred in handling the case. Reasonable fees. 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. Article 51 of the Beijing Arbitration Commission Arbitration Rules: Bearing of Costs (4) The arbitral tribunal has the right to order in the award the losing party to compensate the winning party for the reasonable expenses incurred in handling the case, including but not limited to attorney fees, preservation Fees, travel expenses, notary fees, etc. When determining the above-mentioned fees, the arbitral tribunal shall consider relevant factors such as the outcome of the case, complexity, actual workload of the parties or agents, and the amount in dispute in the case. 09. Cases in which the contract clearly stipulates that the attorney's fees shall be borne by the losing party. Article 8 of the Contract Law of the People's Republic of China: A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization. A contract established in accordance with the law is protected by law. Local regulations Several specific opinions of the Shanghai Higher People's Court on the trial of civil cases (Shanghai High People's Court [2000] No. 44) 10. Can lawyer's fees be claimed as losses? We believe that the so-called losses refer to the damages caused by the breaching party or the infringer. The loss of property interests caused by the wrongful act to the victim. Attorney's fees should be property interests in nature and can be regarded as losses in principle, but they cannot exceed the scope that the infringer or the breaching party should have foreseen. In view of the current two types of lawyer fees: stipulated fees and agreement fees, we believe that if the lawyer's fees negotiated between the victim and the lawyer are higher than the relevant provisions, the higher part can be considered to have exceeded what the infringer or the breaching party should have foreseen. range, parts beyond it should not be supported. Regulations on the Promotion of Harmonious Labor Relations in Shenzhen Special Economic Zone (Effective on November 1, 2008) Article 58: In the process of labor dispute arbitration and litigation, if the employee wins, the attorney fees paid by the employee may be borne by the employer. However, the maximum amount shall not exceed 5,000 yuan; any amount exceeding 5,000 yuan shall be borne by the employee. Typical cases and guiding opinions of the courts In recent years, the Supreme People's Court and local people's courts at all levels have also published typical cases and guiding opinions in judicial practice to provide precedents for the trials of lower people's courts, which can be used by lower courts when trying similar cases. For reference, standardize the judicial conduct in which attorney fees are borne by the losing party.

A typical case released by the Supreme People's Court on March 31, 2003: Lu Hong v. United Airlines International Air Passenger Transport Damage Compensation Dispute Case has come into effect after the first instance of Shanghai Jing'an District Court. The defendant United Airlines compensated the plaintiff Lu Hong for the lawyer's expenses The agency fee is RMB 16,595.10 and the lawyer’s travel expenses are RMB 11,802.50. Typical cases announced by the Supreme People's Court: Yang Wenwei v. Shanghai Baosteel No. 20 Metallurgical Company personal injury compensation case. The Shanghai Second Intermediate People's Court made a final judgment on June 30, 2006 that Shanghai Baosteel No. 20 Metallurgical Company compensated the plaintiff Yang Wenwei for the attorney's fees in RMB. 3,000 yuan. Several Opinions of the Supreme People's Court on Further Promoting the Separation of Complex Cases from Simple Cases and Optimizing the Allocation of Judicial Resources (Fafa [2016] No. 21) 22. Guide parties to litigate honestly and rationally. Strengthen the crackdown on unfaithful litigation behaviors such as false litigation and malicious litigation, give full play to the leverage of litigation fees and attorney fees to regulate the litigation behavior of parties, and encourage parties to choose appropriate ways to resolve disputes. If a party engages in obvious misconduct such as abusing litigation rights, delaying the assumption of litigation obligations, etc., causing direct losses to the litigating party or a third party, the people's court may, based on the specific circumstances, support the legitimate demands for compensation of reasonable attorney's fees made by the party without fault in accordance with the law.