1. In an intellectual property infringement lawsuit, if the plaintiff abuses his rights and damages the legitimate rights and interests of the defendant, the defendant may request the plaintiff to bear the legal fees;
2. The contract stipulates that the other party shall bear the lawyer's fee;
3. Plaintiff of trademark infringement dispute case;
4. Plaintiff of copyright infringement dispute case;
5. Plaintiff of patent infringement dispute case;
6, false litigation, malicious litigation and other cases, the parties have no fault in the dishonest litigation behavior;
7. Plaintiff in environmental civil public interest litigation cases.
The following situation
You don't have to pay your own lawyer's fee to go to court
Legal aid cases
The recipient may include the necessary expenses for handling legal aid cases, such as travel expenses, printing fees, transportation and communication fees, investigation and evidence collection fees, etc. In his own claim, and the court can award it to the losing party who has not received assistance according to the specific circumstances.
Arbitration case
The arbitration tribunal has the right to decide in the arbitration award the arbitration fees and other fees that both parties should ultimately pay to the arbitration commission. The arbitration tribunal has the right to award the losing party compensation for the reasonable expenses incurred by the winning party in handling the case according to the specific circumstances of the case. Reasonable expenses include attorney's fees.
The creditor's exercise of cancellation right
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, and if a third party is at fault, it shall share them appropriately.
Copyright dispute case
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement, including the reasonable expenses of the obligee or entrusted agent to investigate and collect the evidence of infringement. The people's court can calculate the lawyer's fees according to the litigant's claims and specific cases within the scope of compensation and in accordance with the provisions of the relevant state departments.
Patent dispute case
In patent dispute cases, the people's court may, according to the request of the right holder and the specific case, calculate the reasonable expenses paid by the right holder for investigating and stopping the infringement within the scope of compensation, including attorney's fees.
Trademark infringement case
In the case of trademark civil disputes, as mentioned above, the people's court can still calculate the lawyer's fees in accordance with the provisions of the relevant state departments within the scope of compensation according to the claims of the parties and the specific circumstances of the case.
Security right dispute case
The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and the expenses for realizing the creditor's rights. Lawyer's fees are of course the expenses incurred by the creditor for realizing the creditor's rights. Therefore, the expenses also belong to the scope of guarantee and should be borne by the guarantor.
A case of unfair competition
Operators who violate the provisions of the Anti-Unfair Competition Law and cause damage to the infringed operators shall be liable for damages. If it is difficult to calculate the losses of the infringed business operator, the compensation amount shall be the profits obtained by the infringer during the infringement period, and the infringed business operator shall bear the reasonable expenses paid for investigating the unfair competition behavior of the infringed business operator that infringes on its legitimate rights and interests. Lawyer's fee is one of the reasonable expenses.
Personal injury compensation, reputation infringement, traffic accident cases
According to the law, if a citizen's body is infringed and the victim dies, the compensation obligor shall compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation and lost time of the victim's relatives in addition to the relevant expenses according to the rescue and treatment situation.
Malicious litigation, false litigation, cases of abuse of litigation right.
If a party has obvious misconduct such as abuse of litigation rights and delay in undertaking litigation obligations, thus causing direct losses to the other party or a third party, the people's court may, according to the specific circumstances, support the innocent party's legitimate demands such as compensation for reasonable attorney fees.
The litigation contract stipulates that the lawyer's fee shall be borne by the other party.
If the contract signed by both parties to the lawsuit stipulates that the lawyer's fee is part of the compensation for breach of contract, and the contract is legal and valid, then the lawyer's fee in this case shall be borne by the breaching party.
But be aware that you want the other party to bear the lawyer's fee.
Must be clearly listed in their own claims.
Legal basis:
Measures for payment of litigation fees
Twenty-ninth litigation costs 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 the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Article 7 of the Joint Notice of the Ministry of Justice of the Supreme People's Court on Several Issues concerning Civil Legal Aid:
"If the legal aid personnel need travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection expenses and other necessary handling expenses for handling legal aid cases, if the recipient is included in the litigation request, the court may award it to the losing party who is not the recipient according to the specific circumstances." . Therefore, when handling legal aid cases, lawyers suggest that the lawyer's fee should be included in the litigation request, requiring the defendant to bear it.
Article 48 of the Copyright Law stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; If the actual loss is difficult to calculate, it 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 holder to stop the infringement. "
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes clearly stipulates: "The reasonable expenses paid for stopping infringement as stipulated in Article 56, paragraph 1 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. "