[Direct answer]In principle, this is not allowed. Attorney fees do not belong to litigation expenses. Unless otherwise provided by law or agreed by the parties, they shall be borne by the respective parties themselves. Article 6 of the "Measures for the Payment of Litigation Expenses" (State Council Decree No. 481, implemented on April 1, 2007) stipulates that litigation expenses do not include attorney agency fees. There are three exceptions: First, if the contract clearly stipulates that the costs of realizing the creditor's rights (including attorney fees) shall be borne by the defaulting party; Second, if the law clearly stipulates that reasonable expenses for protecting rights can be claimed, typically in intellectual property infringement cases; Third, expenses for realizing the right of security and necessary expenses for the creditor to exercise the right of rescission, etc., which are legally borne by the other party. When claiming, it is necessary to provide the entrustment contract, invoices, and payment vouchers.

I. Problem Background and Typical Scenarios

Many litigants who win lawsuits still feel they've lost out: even though the judgment supports the principal and interest, they can't recover a single penny of the legal fees they've paid. This is especially true in cases of small-scale contract disputes and loan disputes, where legal fees sometimes account for a significant proportion of the disputed amount. Conversely, there are also litigants who include a clause in their contracts stating that "the defaulting party shall bear all costs," but ultimately fail to gain support because they fail to include the legal fees in their litigation requests or provide payment receipts during the lawsuit.

II. Key points of dispute

First, is there a clear agreement? If the contract stipulates that the lawyer's fees incurred in enforcing the creditor's rights shall be borne by the defaulting party, or if it stipulates that the defaulting party shall bear all the costs of the creditor exercising its rights, the court will usually support this. However, if there is only a general statement of "assuming breach of contract liability", it is generally difficult to infer the lawyer's fees from this. Second, is the agreement reasonable? Even if there is an agreement, the court will still review whether the amount is obviously excessive, whether it is consistent with the actual workload, and whether it exceeds the scope that the defaulting party could foresee when entering into the contract. The excessive part may be reduced. Third, does it fall within the statutory circumstances? In intellectual property infringement cases, the reasonable expenses paid by the right holder to stop the infringement can be included in the scope of compensation; the costs of enforcing the security right and the necessary expenses of the creditor exercising the right of rescission shall also be borne by the other party. Fourth, is the evidence in place? The power of attorney contract, lawyer's fee invoice, payment voucher, and explanation of the relevance of the expenses to the case are four common materials. The lack of any one of them may lead to a discounted claim. Fifth, is it raised in the proceedings? Lawyer's fees are a litigation claim and must be clearly listed when suing or counter-suing. If they are not claimed, the court will generally not handle them on its own initiative.

III. Professional analysis by Henglue Lawyers

From practical experience, whether the attorney's fees can be transferred to the other party is often decided at the moment of signing the contract. When adjudicating contract disputes in the Beijing area, the court tends to support claims for attorney's fees that are clearly stipulated in the contract, but the review focuses on three points: whether the stipulation clearly refers to attorney's fees; whether the amount matches the actual expenses; and whether the fees are actually paid for the current dispute. Common deduction scenarios include: the stipulation is written in a supplementary agreement but it's unclear whether it applies to breach of contract and termination; only the power of attorney contract is provided without invoices or payment receipts; and claims for multiple fees are mixed together and cannot be distinguished. Therefore, we usually advise clients to list attorney's fees separately in the evidence collection stage, and clearly write down the payment time, amount, and corresponding cases. For intellectual property cases, reasonable defense expenses can be claimed directly in the lawsuit, and supported by materials such as the scale of infringement and the cost of notarization evidence. In addition, litigation fees, preservation fees, and announcement fees are statutory fees, which are different in nature from attorney's fees. The former are usually borne by the losing party, while the latter are generally self-borne. These two types of fees should not be confused with each other. For commercial contract breach liability cases, the following can be referenced:Business and contract disputes in enterprisesAndIntellectual property protection and corporate lawThe practical application of this concept.

IV. Practical suggestions and legal basis

According to Article 6 of the "Measures for the Payment of Litigation Costs" (Decree No. 481 of the State Council, implemented on April 1, 2007), the litigation costs that parties shall pay to the people's court include case acceptance fees, application fees, and the transportation, accommodation, living expenses, and loss of income subsidies incurred by witnesses, appraisers, translators, and adjusters when they appear in court, but not including attorney's fees. Article 584 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) stipulates the scope of compensation for losses and that the compensation shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract; Article 389 stipulates that the scope of the guaranteed property includes the expenses for realizing the right of security; Article 540 stipulates that the necessary expenses for the creditor to exercise the right of rescission shall be borne by the debtor. Article 54 of the "Copyright Law of the People's Republic of China" (amended in 2020 and implemented on June 1, 2021) also stipulates that the amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement; Article 63 of the "Trademark Law of the People's Republic of China" (amended in 2019 and implemented on November 1, 2019) also has corresponding provisions. Suggestions: Firstly, when signing the contract, it is necessary to explicitly stipulate that "the expenses for realizing the creditor's rights, including attorney's fees, shall be borne by the breaching party" and to specify the calculation method; Secondly, when suing, list attorney's fees separately as a litigation request; Thirdly, keep the entrustment contract, invoices, and payment certificates intact; Fourthly, the amount of compensation shall be limited to the actual expenses, so as to avoid the possibility of the excessive amount being reduced.

5. Henglu Law Firm's Advice

There are three common misunderstandings worth noting. The first is the belief that if you win the case, the other party will automatically pay the attorney's fees. In reality, if there is no agreement or legal basis, the court will not actively support this. The second misunderstanding is that if the clause is written vaguely, only stating that "all losses shall be borne by the breaching party", it will ultimately be deemed as not covering attorney's fees. It is recommended to directly mention the words "attorney's fees". The third misunderstanding is that if you only submit the entrustment contract without submitting payment receipts, your claim will be rejected due to the lack of actual expenditure evidence. Additionally, it should be noted that the agreement on the breach of contract penalty and the claim for attorney's fees are two separate matters. The same loss cannot be calculated twice for these two items; if the breach of contract penalty is set too high, the court may reduce it. In this case, it is more secure to claim attorney's fees separately. If the case enters the enforcement stage, whether the attorney's fees can be enforced together depends on whether the effective judgment has already specified this payment obligation. Expenses outside the judgment cannot be recovered through the enforcement process. For debt recovery cases, you can combine them with other legal procedures to recover the debt.Creditor's rights and debts, and enforcementAnd\nReal estate construction projectsPractical experience in handling similar cases.Beijing Henglu Law FirmIt is recommended to finalize the guidelines for claiming expenses before filing a lawsuit.

VI. Frequently Asked Questions

Q1: Is there a higher chance of winning if I claim that the other party should bear the attorney's fees?

It depends on whether there is a clear agreement or legal basis. If the contract clearly stipulates that the attorney's fees shall be borne by the party in breach of contract and the actual payment can be proven, the support rate will be higher; if there is no such agreement, it will generally be difficult to obtain support. In legal situations such as intellectual property, reasonable expenses for protecting rights can be claimed directly.

Q2: What evidence do I need to prepare?

The power of attorney contract, attorney's fee invoice, payment voucher (bank transfer record or receipt), and an explanation of the expenses related to this case; if there are contractual provisions, the original contract or supplementary agreement stating these provisions must also be submitted. The amounts and timeframes in the materials must match each other.

Q3: Are litigation fees and attorney's fees the same thing?

No. Court acceptance fees, application fees, etc. are litigation expenses, which are usually borne by the losing party; attorney's fees are the parties' own expenses, which are generally borne by them. Only under agreed or statutory circumstances can they be transferred to the other party. The two should be listed separately in the complaint and cannot be confused with each other.

Q4: How long will it take to get a result for the claim for attorney's fees?

The first-instance ordinary procedure generally takes six months, and the second-instance procedure usually takes three months, which are handled in parallel with the case itself. Whether the attorney's fees are supported and the amount of support are usually determined in the main body of the judgment. After the judgment takes effect, the attorney's fees can be claimed in the enforcement procedure without the need for a separate lawsuit.

Q5: What should I do first?

First, check whether there are clauses regarding the bearing of attorney's fees in the contract and supplementary agreement, and organize the entrustment contract, invoices, and payment vouchers. When suing, list the attorney's fees as a separate claim item, stating the calculation basis and amount, to avoid the claim being unsuccessful due to failure to assert it or insufficient evidence.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

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

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