Who pays the lawyer s fees for the lawsuit, whether the defendant or the plaintiff

In general, it is self-explanatory. However, if you file a request in the complaint for the defendant's attorney's fees, the court will sometimes support it.

Attorney's fees and litigation costs depend on whether the plaintiff or the defendant pays depends on the specific circumstances.

Under normal circumstances, the civil litigation costs are borne by the plaintiff, because the defendant's behavior caused the plaintiff's losses, so the plaintiff believes that the litigation costs should be borne by the defendant, which can be written in the complaint, and who bears it in the end depends on the court's judgment. In the case of exceptional circumstances, the basis is:

1. If the parties request to win the lawsuit partially and lose the lawsuit in part, the parties shall bear the burden in proportion to their responsibilities;

2. Cases that have reached an agreement through mediation shall be borne by both parties through negotiation;

3. In the case of withdrawing the lawsuit, the plaintiff shall bear the burden, but the fee shall be reduced by half, and the plaintiff shall bear the case of rejecting the lawsuit.

The difference between litigation costs and attorney's fees is as follows:

1. The litigation fee refers to the fee that the parties should pay for initiating litigation procedures with the people's court. Lawyer's fee refers to the remuneration that the lawyer should receive for the client's legal affairs;

2. The charging standards (methods) are different, and the fees charged by lawyers can be based on different service contents, such as piecework fees, proportional fees according to the subject amount, hourly charges, and risk charges. Litigation fees shall be implemented in accordance with the relevant provisions of the Measures for Payment of Litigation Fees.

Law firms shall strictly implement the measures for the management of lawyers' service fees and the fee standards formulated by the competent departments in conjunction with the judicial administrative departments at the same level. Law firms shall display information such as measures for the management of lawyers' service fees and fee standards, and accept public oversight. When a law firm accepts a representation, it shall sign a contract with the client for charging fees for lawyers' services or specify the terms of the fees in the entrustment contract.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them.

Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case.

Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

Legal analysis and digging: Unless otherwise agreed, unless otherwise agreed, it is normal for whoever hires a lawyer to bear the lawyer's fees. Therefore, even if the plaintiff wins the lawsuit, the plaintiff will bear the attorney's fees, which is not the same as the litigation costs.

Legal basis: Article 262 of the Civil Procedure Law of the People's Republic of China: People's courts hearing foreign-related civil cases shall use the common language and script of the People's Republic of China. Where a party requests that an interpreter be provided for the first judgment, it may be provided, and the costs are to be borne by the parties.

Generally speaking, the litigation costs shall be borne by the party who loses the lawsuit, and the lawyer's fees shall be borne by the parties themselves, except as provided by law or agreed by the parties. According to the laws of our country, the costs of suing Binai shall be borne by the losing party, unless the winning party voluntarily bears them.