1. Whether the lawyer's fee can be supported shall be borne by the defendant.
The lawyer's fees are generally borne by the parties themselves, and the defendant may also be required to bear them under the circumstances stipulated by law.
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, the lawsuit request about lawyer's fee will generally be supported in 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 plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee. But how much specific support depends on the judge's discretion. According to the nature of the case, the court will usually support the "reasonable" lawyer's fee, not the full fee.
According to the typical cases and guidance of Chinese courts, in the following nine types of cases, it is clear that the losing party should bear the reasonable lawyer's fees of the winning party:
1, legal aid case
2. Copyright infringement cases
3. Trademark infringement cases
4. Patent infringement cases
5. Cases of unfair competition
6. Cases in which the creditor exercises the right of cancellation in contract disputes.
7. Litigation case of loan security right
8, personal injury compensation, reputation infringement, traffic accident cases:
9. Commercial arbitration cases. At the same time, both parties clearly stipulate in the contract that the lawyer's fee shall be borne by the breaching party, and its litigation request for lawyer's fee will generally be supported by the court in prosecution or arbitration.
Second, who will bear the litigation costs?
In civil litigation, the legal fees are allocated by the court according to the actual situation of the case, and who generally loses the lawsuit. As for the lawyer's fee, if there is an agreement, it can be agreed. If there is no agreement, whoever asks for a lawyer will pay. Among them, the losing party in the intellectual property case bears all the expenses.
The litigation costs shall be borne by the losing party;
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation expenses to be borne by the litigant according to the interest relationship between the litigant and the litigation object.
Legal basis:
Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I)
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.
The above is about whether the lawyer's fee can support the defendant's promise. According to the general principle, whoever entrusts a lawyer will pay the lawyer's fee. However, if there are explicit provisions in the law, the defendant may be required to bear the expenses entrusted by the plaintiff.