[Direct answer]In the Beijing area, after winning the case, the attorney's fees are generally still borne by the client. In China, the principle of transferring attorney's fees together with litigation fees does not apply. According to the "Measures for the Payment of Litigation Fees", the litigation fees are borne by the losing party, but these measures regulate the litigation fees collected by the court, not the attorney's fees agreed upon by the parties and the attorney. The attorney's fees can be borne by the other party in two cases: when the contract clearly stipulates that the defaulting party shall bear the fees; or in cases specifically provided for by law, such as infringements of intellectual property rights, infringements of personality rights, civil public interest litigations involving the environment, and creditors' rights of rescission. The claimant must provide the power of attorney, invoices, and payment certificates, and the court will determine the amount within a reasonable range. For more details, please refer to the following link:Special services and other case-related services.

1. Problem background and typical scenarios

Many clients assume that "the other party will pay the lawyer's fees if they win the lawsuit" when entrusting a lawyer, only to find out later that they need to pay the fees themselves. Typical scenarios include: the loan contract does not include a clause on who will bear the lawyer's fees, and the client ends up paying the fees themselves after winning the lawsuit; when intellectual property is infringed, the client successfully claims reasonable expenses for protecting their rights but only receives partial support; when requesting the other party to pay the lawyer's fees in divorce or ordinary sales disputes, the request is rejected; and when the other party stipulates in the contract that "the defaulting party shall bear the costs of enforcing the creditor's rights," but fails to explicitly include the lawyer's fees, which leads to disputes. Distinguishing between "litigation fees" and "lawyer's fees" is the first step. The former is legally transferred, while the latter is subject to contractual or statutory provisions. For contracts involving drafting, it is recommended to combine the following aspects:Business and contract dispute resolution services for enterprisesBe on guard in advance.

II. Key points of contention

There are three key points of contention regarding the burden of attorney's fees. Firstly, whether there is an agreement: if the contract explicitly states that "the attorney's fees shall be borne by the defaulting party/the losing party," courts may not support the claim if the wording is ambiguous. Secondly, whether it falls under statutory circumstances: cases involving intellectual property, personal rights, and environmental public interest litigation can be claimed according to law, but there are no such provisions for ordinary civil and commercial cases. Thirdly, the reasonableness of the amount: even if the claim is supported, courts typically only determine the amount within the "necessary and reasonable" range, and excessive or unsubstantiated portions are unlikely to gain support. For cases involving the enforcement of creditor's rights, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesEvaluate the scope of the claim.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling civil and commercial litigation, the key to whether attorneys' fees can be transferred lies in "prior agreements" and "legal channels". According to the rules on litigation fee payment in the "Measures for the Payment of Litigation Fees", the litigation fees collected by the court can be borne by the losing party, but attorneys' fees are a market-based agreement between the client and the law firm, and the court will not actively order the other party to pay them. Hengluo Law Firm usually advises that when drafting contracts such as loans, sales, and equity transfers, it should explicitly state that "the defaulting party shall bear the reasonable expenses such as attorneys' fees and preservation fees incurred by the performing party in realizing the creditor's rights", and retain the invoices and payment records. For cases where legal claims are permitted by law, the reasonable expenses for protecting rights should be listed separately in the claims. In this way, the possibility of transferring attorneys' fees when winning the case will be significantly increased. For cases involving intellectual property protection, it can be followed up accordingly.Intellectual property protection and corporate legal services.

IV. Practical suggestions and legal basis

The legal basis is the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007) which stipulates that the litigation costs shall be borne by the losing party, and where the plaintiff partially wins and partially loses, the costs shall be shared proportionally; as well as the special rules in relevant substantive laws such as intellectual property, personal rights, and environmental public interest litigation that require the infringer to bear the "reasonable expenses" and "right protection costs". Practical suggestions: When signing a contract, it should be explicitly stated in the breach of contract clause that the attorney's fees shall be borne by the breaching party; when suing, a separate claim for attorney's fees should be listed and accompanied by a power of attorney, invoice, and payment receipt; actively claim reasonable right protection expenses in cases involving statutory circumstances; the amount should be limited to what is necessary and reasonable to avoid being reduced due to excessive demands. For cross-border or complex transactions, the fee clauses can be designed in combination with special services and other case services.

5. Henglu Law Firm's Advice

Regarding attorney's fees, remember the principle of "agreement takes precedence, statutory provisions supplement". Firstly, don't assume that the losing party will cover the litigation fees and attorney's fees, as these are two separate matters. Secondly, it's safest to specify the responsibility for attorney's fees in the contract. Thirdly, there are limited statutory circumstances under which the losing party can claim reimbursement. In ordinary cases, if there's no agreement, the losing party will generally bear the costs themselves. Fourthly, when claiming reimbursement, it's essential to provide the contract, invoices, and payment receipts, and the amount must be reasonable. Otherwise, the court will reduce the compensation. Before entrusting a lawyer, it's important to clarify the fee calculation method and document requirements with the law firm, which not only helps control costs but also provides good evidence for potential future fee transfers. If you need to draft clauses, you can use the following template as a reference:Special services and other case services.

VI. Frequently Asked Questions

Q1: Can the attorney's fees always be charged to the other party after winning the case?

Not necessarily. In China, in principle, attorney's fees are borne by the client himself, while litigation fees are borne by the losing party. The two should not be confused. For the attorney's fees to be borne by the other party, one of the following two conditions must be met: first, the contract between the parties explicitly stipulates that the defaulting party or the losing party shall bear the attorney's fees; second, the case belongs to the types specifically stipulated by law, such as intellectual property infringement, personal rights infringement, environmental civil public interest litigation, creditor's right of rescission, and the realization of security rights. Even if the above conditions are met, the court will only determine the amount within a necessary and reasonable range, rather than supporting the amount claimed by you. Moreover, you need to provide the entrustment contract and invoices to prove that the fees have actually been paid. Therefore, the misunderstanding that "the other party will pay if you win" is incorrect. It is most important to have a pre-agreement on this matter.

Q2: In what circumstances can the losing party be required to bear the attorney's fees, and what evidence is needed for this claim?

There are two categories of circumstances that can be claimed: contractual circumstances, where the contract stipulates that the attorney's fees shall be borne by the breaching party, and evidence of the contract text and the facts of the breach must be submitted; statutory circumstances, including cases of intellectual property infringement, infringement of personality rights (such as the right to reputation), civil public interest litigation in environmental matters, the exercise of the creditor's right of revocation, and the realization of security rights. In either case, the power of attorney contract, attorney's fee invoice, and bank payment vouchers must be provided to prove that the fees have actually been incurred and the amount is reasonable. The organization of evidence revolves around the three points of "contractual or statutory basis - actual payment - necessary and reasonable amount". If the invoice or vouchers are missing, the court usually does not support or reduces the amount of compensation accordingly.

Q3: Approximately how much will the attorney's fees and litigation costs be respectively?

The litigation fees are calculated based on the amount of the litigation request in accordance with the "Measures for the Payment of Litigation Fees", and are accumulated in stages. The losing party ultimately bears the fees or shares them proportionally. In property cases, the higher the case value, the lower the fee rate; in non-property cases, the fees are charged per case, with lower amounts. Lawyer's fees are determined through market-based agreements, charged per case, as a percentage of the case value, or on an hourly basis. Risk-based attorney fees in property cases are subject to a percentage cap, with the specific terms governed by the contract of engagement and not subject to nationwide standard pricing. The two have different natures: litigation fees can be transferred to the winning party, while lawyer's fees are typically based on contractual or statutory provisions. It is recommended to request the law firm to provide a detailed fee breakdown before entrusting the case and to confirm the terms of the lawyer's fee burden in the contract, which will facilitate future claims for transfer of liability.

Q4: If I want the other party to bear my attorney's fees, how long does the process take, and how should I request it?

The claim for attorney's fees does not require a separate litigation process, but is raised together with the other claims in the main lawsuit and follows the trial cycle of the case: six months for the first-instance ordinary procedure, three months for the summary procedure, and generally three months for the second-instance appeal, though the time may be longer for complex cases. Regarding the method of claiming, the plaintiff should list the claim for "attorney's fees" or "reasonable expenses for safeguarding rights" separately in the complaint, and attach the power of attorney, invoices, and payment receipts. During the trial, the plaintiff should provide evidence regarding the contractual or statutory basis and the reasonableness of the amount. The court will handle the claim together with the main judgment and does not require a separate case. If there is a contractual provision but the defendant contests the validity of the provision, the plaintiff needs to provide separate evidence to prove the validity of the provision. Overall, from the filing of the case to the issuance of the judgment in support of the claim, the timeframe is synchronized with the case itself, without any additional special time limits.

Q5: I want the other party to bear the attorney's fees. What should I do specifically?

It is recommended to proceed in four steps: First, include provisions in the contract stipulating that "the defaulting party shall bear the attorney fees, preservation fees, etc. incurred by the performing party in enforcing the creditor's rights" during the contract signing stage, which is the most reliable approach; Second, list the attorney fees separately in the lawsuit and prepare the power of attorney, invoices, and payment receipts; Third, confirm whether the case falls under the statutory types of claims (intellectual property, personal rights, environmental public interest litigation, etc.), and if so, claim reasonable expenses for protecting rights in accordance with the law; Fourth, limit the amount to what is necessary and reasonable to avoid having it reduced by the court, and provide sufficient evidence in the courtroom based on the contractual or statutory basis. Throughout the process, retain the charging invoices and payment records. If you need to draft fee clauses or evaluate the claimability, you can seek specialized services and combine it with other case services to establish the transfer of fees on the basis of contractual agreements and evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Specialised services Legal services·Beijing Henglu 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. If a dispute arises, please consult a practicing lawyer in time.