attorney's fee

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attorney's fee

n. the payment for legal services. It can take several forms: 1) hourly charge, 2) flat fee for the performance of a particular service (like $250 to write a will), 3) contingent fee (such as one-third of the gross recovery, and nothing if there is no recovery), 4) statutory fees (such as percentages of an estate for representing the estate), 5) court-approved fees (such as in bankruptcy or guardianships), 6) some mixture of hourly and contingent fee or other combination. It is wise (and often mandatory) for the attorney and the client to have a signed contract for any extensive legal work, particularly in contingent fee cases. Most attorneys keep records of time spent on cases to justify fees (and keep track of when actions were taken), even when the work is not on an hourly basis. A "retainer" is a down payment on fees, often required by the attorney in order to make sure he or she is not left holding the bag for work performed, or at least as a good faith indication that the client is serious and can afford the services. On the other hand, contingent fees require limits (often one-third) to protect the unwary client. Attorney fee disputes can be decided by arbitration often operated by the local bar association. Attorney's fees are not awarded to the winning party in a lawsuit except where there is a provision in a contract for the fees or there is a statute which provides for an award of fees in the particular type of case.

References in periodicals archive ?
nonlitigation attorney's fees are recoverable in private party
One of the most significant aspects of many civil suits filed against law enforcement defendants for alleged violations of constitutional rights(1) is the associated attorney's fees in the case.
16 provides, in pertinent part, as follows: "The trial court shall have continuing jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level.
Specially, the Minnesota federal court judge ruled that Octane is entitled to $1,633,333 in attorney's fees and court costs of $144,697.
25) It turns out that attorneys' fees have been considered "part of costs" for a very long time: "At common law, attorney's fees were regarded as an element of 'costs' awarded to the prevailing party.
CIRCUIT INSTRUCTS THE DISTRICT COURT TO GRANT PLAINTIFF MCKESSON $29,516 IN ATTORNEY'S FEES.
In March 2008, he filed a complaint to recover overtime compensation, damages and attorney's fees and costs.
Under Erisa, the most a disabled claimant can hope to obtain is past-due benefits and possibly, at the court's discretion, attorney's fees.
Strange as it seems, the issue after the jury returned its verdict for the Estate was whether the trial court erred in awarding attorney's fees and costs, as well as the related expenses incurred by the Estate in pursing the case.
A sentence has also been added to that subsection requiring courts to schedule all hearings for or relating to interim attorney's fees and costs under that subsection in an expeditious manner.
Any contrary requirements in these rules notwithstanding, the following procedures apply to a party seeking an award of attorney's fees as a sanction against another party or its counsel pursuant to general law.
Congress long ago determined that attorney's fees in civil-rights and constitutional cases are necessary to help prevailing parties vindicate their civil rights and to enable vigorous enforcement of these protections.

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