[Direct answer]In the Beijing area, the conclusion is that it is generally not required, but there are several exceptions. In civil litigation in China, attorney's fees are in principle borne by the client themselves, and the losing party does not necessarily bear the other party's attorney's fees; litigation costs are borne by the losing party, and the two need to be distinguished. The exceptions mainly include: fields where laws or judicial interpretations have special provisions, such as intellectual property, unfair competition, and guarantee cases, where reasonable protection costs can be claimed; where the contract explicitly stipulates that the breaching party shall bear the protection attorney's fees, they can claim according to the contract; and some cases can support reasonable attorney's fees according to relevant regulations. Therefore, whether it is necessary to bear the other party's attorney's fees depends on the type of case, legal provisions, and contractual agreements, and evidence such as the agency contract and payment receipts must be provided when claiming.

I. Problem background and typical scenarios

In litigation, parties are often concerned about whether losing the case will result in "losing both the wife and the child" — that is, whether they will have to bear the other party's legal fees in addition to the litigation costs. Typical situations include: the other party claiming legal fees after losing a general civil dispute; contracts stipulating that the breaching party shall bear the litigation costs; claiming reasonable expenses in intellectual property or unfair competition cases; and realizing creditor's rights in guarantee and financial loan cases. When adjudicating such issues, the court usually reviews whether there are legal provisions or contractual agreements as a basis, and then decides whether to support the claim based on the nature of the case and the reasonableness of the expenses.

II. Key points of contention

First, the nature of the distinction between attorney's fees and litigation costs. Second, the specific fields where legal provisions support attorney's fees. Third, the effectiveness and scope of contractual provisions requiring the breaching party to bear the cost of legal protection. Fourth, how to determine the reasonableness and necessity of attorney's fees. Fifth, the evidentiary requirements for claiming attorney's fees. Sixth, the discretionary factors for partial and full support. Seventh, the differences in the bearing of attorney's fees in arbitration and litigation. These issues determine whether attorney's fees can be borne by the other party.

III. Professional analysis by Henglue Lawyers

Based on Henglu Lawyer's practical experience in handling various civil and commercial cases, there are four key points to address such issues. First, the general rule is that lawyers' fees are typically borne by each party, and the losing party does not necessarily bear the other party's legal fees. However, according to regulations, the losing party must bear the litigation costs. Second, statutory exceptions exist: in specific fields such as intellectual property, unfair competition, and guarantees, the law or judicial interpretations allow rights holders to claim reasonable expenses, including lawyers' fees, to stop infringements or enforce claims. Third, contractual precedence applies: according to Article 509 of the Civil Code of the People's Republic of China, parties should fully perform their obligations as agreed. If the contract explicitly stipulates that the breaching party shall bear the litigation lawyers' fees, the claimant may assert this right in accordance with the contract, but the clarity and reasonableness of the contractual provisions should be reviewed. Fourth, reasonableness review: even if there is a legal basis, the court will still review the reasonableness of the lawyers' fees, typically referring to fee standards, the amount of the case, the complexity of the case, and the actual workload of the lawyer. Excessively high or unnecessary fees may not be supported. Fifth, evidentiary requirements: the party claiming lawyers' fees should submit the power of attorney contract, invoices, and payment receipts, and explain the relevance of the fees to the case. Sixth, procedural differences: in arbitration, if the arbitration rules or the contract stipulate that the losing party shall bear the lawyers' fees, this claim can be asserted simultaneously, which differs slightly from litigation.

IV. Practical suggestions and legal basis

Practical suggestions: First, when signing the contract, it is necessary to clearly stipulate in the contract that the breaching party shall bear the attorney's fees for safeguarding rights, so as to strengthen the basis for claiming; Second, when claiming attorney's fees, it is necessary to submit the power of attorney, invoices, and payment receipts; Third, it is necessary to explain the reasonableness of the fees, which should be commensurate with the subject matter of the case and its complexity; Fourth, it is necessary to distinguish between litigation fees and attorney's fees to avoid confusion in claiming; Fifth, in the fields of intellectual property and unfair competition, it is possible to claim reasonable expenses in accordance with relevant regulations; Sixth, in arbitration cases, it is possible to claim that the losing party shall bear the attorney's fees in accordance with the arbitration rules. For more details, please refer to the platform's services.Special services,Creditor's rights and debts, and enforcement、Business and contract disputes in enterprises、Intellectual property protection and corporate lawAndFinancial capital and cross-border transactions involving foreign entitiesLegal basis: Articles 509 and 577 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), as well as the current provisions of the Civil Procedure Law of the People's Republic of China on the burden of litigation costs. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, attorneys' fees are generally borne by each party, and the losing party does not necessarily have to bear the other party's attorneys' fees. Secondly, litigation costs and attorneys' fees are different in nature, and the losing party usually bears the litigation costs. Thirdly, in the fields of intellectual property, unfair competition, and guarantees, reasonable costs, including attorneys' fees, can be claimed. Fourthly, if the contract explicitly stipulates that the breaching party shall bear the cost of safeguarding rights, the claimant may claim according to the contract. Fifthly, when making a claim, the claimant needs to submit the power of attorney, invoices, and payment receipts and explain the reasonableness of the claim. Sixthly, any obviously excessive portion may not be supported. Seventhly, it is helpful to claim later if a clause on the assumption of fees is included in the contract at the time of signing, and it is recommended to consult a professional opinion in advance.

VI. Frequently Asked Questions

Q1: If I lose the case, do I have to pay the other party's attorney's fees?

Generally, it's not necessary. In civil litigation in China, attorneys' fees are generally borne by each party. The losing party does not necessarily bear the other party's attorneys' fees, but the litigation costs are borne by the losing party. Only when there are special provisions in the law, contractual agreements, or in specific fields, may the other party bear the costs, which needs to be determined based on the circumstances of the case.

Q2: The contract stipulates that the attorney's fees shall be borne by the party in breach of contract. Is this valid?

It is usually effective. According to Article 509 of the Civil Code of the People's Republic of China, the parties shall perform their obligations in accordance with the agreement. If the contract clearly stipulates that the breaching party shall bear the attorney's fees for safeguarding rights, the party may claim them in accordance with the agreement. However, the court will review the clarity of the agreement and the reasonableness of the fees. Any part that is obviously excessive or unnecessary may not be supported.

Q3: In which cases will the court support attorneys' fees?

It is common in disputes over intellectual property, unfair competition, guarantees, and some financial loans, etc. The law or judicial interpretations allow the right holders to claim reasonable expenses incurred in stopping infringement or realizing creditor's rights. Whether to support the claim and the amount of the expenses need to be determined by the court based on the nature of the case, the basis of the agreement, and the reasonableness of the expenses.

Q4: What evidence is required to claim attorney's fees?

The client should submit the power of attorney contract, invoices from the law firm, and payment receipts, and explain the relationship between the fee amount and the handling of the case, as well as the reasonableness of the fees. If the fees are significantly higher than the standard or inconsistent with the complexity of the case, they may be reduced. The more complete the evidence is, the greater the likelihood of the claim being supported.

Q5: Can I also claim attorney's fees in arbitration?

It might be possible. If the arbitration rules allow it or the contract stipulates that the losing party shall bear the attorney's fees, these can be claimed in the arbitration process. Compared with litigation, arbitration offers more flexibility in determining the party responsible for the fees. The specific rules will depend on the applicable arbitration rules and contractual provisions. When making the claim, it is also necessary to provide the corresponding supporting documents.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.