1. If the dispute caused by breach of contract is brought to the people's court, the lawyer's fee is reasonable. Whether it is borne by the breaching party depends on whether there is an agreement in the contract. If there is an agreement, it is generally borne by the breaching party.

2. The conditions for the losing party to bear the lawyer's liquidated damages are as follows:

(1), which is clearly stipulated in the application involved. If it is clearly stipulated in the contract: "If the breaching party breaches the contract, the reasonable expenses incurred by the observant party due to rights protection, such as attorney's fees, appraisal fees, legal fees, preservation fees, etc. It shall be borne by the breaching party. " However, in the absence of clear legal fees in the contract, the court generally does not support the plaintiff's request to pay legal fees on the grounds that there is no agreement in the contract and the transaction risk is at his own risk.

(2) The lawyer's fee should not be too high, and it should meet the local lawyer's fee standard. According to the provisions of the Measures for the Administration of Lawyers' Service Fees, the maximum fee for risk agents shall not be higher than 30% of the target amount agreed in the fee contract.

(3) Sign the agency contract and actually pay the lawyer's fee. The conditions attached to the lawyer's fees that have not actually been paid have not yet been met, and they are in an uncertain state, and need to be paid in proportion according to the progress of the case or the implementation of the money. Therefore, the court should support the actual legal costs, and the legal costs that have not actually occurred can be claimed separately after the actual occurrence.

3. Legal basis:

Article 470 of the Civil Code of People's Republic of China (PRC)

Article 9 of the Measures for the Administration of Lawyers' Service Fees

Second, who will generally bear the legal fees?

Although under normal circumstances, whoever invites a lawyer will pay, there are still some provisions in relevant laws and regulations in China, which have clearly stipulated that the losing party will bear the lawyer's fee in some cases.

1. The lawyer's fees for labor dispute cases shall be borne by the losing employer; As a weak party in labor relations, the rights and interests of workers are often violated. Therefore, in labor dispute cases, it is stipulated that some materials kept by the unit shall be provided by the unit, and the lawyer's fee shall also be borne by the unit when the unit loses the case.

2. The necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising the cancellation right shall be borne by the debtor; If the third person involved has obvious fault in the case, the third person shall share the expenses appropriately.

3. Copyright disputes and infringement cases (such as trademark infringement) can be regarded as the scope of compensation, that is, the lawyer's fees are included in the compensation and paid by the losing party.

4. Cases of malicious litigation, false litigation and abuse of litigation rights can claim legal fees. For example, when the debtor has paid back the money but the loan has not been recovered, the creditor brings a lawsuit with the loan, which belongs to false litigation; The lawyer's fees of the defendant and the debtor (those who have paid off their debts) shall be included in the compensation and paid by the losing party.

5. In the case of debt dispute, you can claim compensation for the expenses of realizing creditor's rights. Simply put, if the debtor fails to repay the debt as promised, and the creditor files a debt collection lawsuit, then the lawyer's fees paid by the creditor shall be borne by the debtor according to law.

6. In the case of unfair competition, you can claim compensation for reasonable investigation expenses and attorney fees, which is widely used in shopping malls. Unfair competition includes but is not limited to arranging "undercover" to steal the business secrets of the other unit.

7, personal injury compensation, reputation infringement, traffic accident cases can claim compensation for reasonable expenses.

8. Other legal cases in which the losing party should bear the lawyer's fees, such as the signing of an agreement between the two parties. If a dispute arises due to one party's breach of contract, the losing party shall bear the lawyer's fee, which is also legally effective.

If a dispute caused by breach of contract is brought to a people's court, the lawyer's fee is reasonable. Whether it is borne by the breaching party depends on whether there is an agreement in the contract. If there is an agreement, it is generally borne by the breaching party. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.