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 ?
This conference includes a morning session, "The Anatomy of Attorney-Client Fee Disputes" and an afternoon session, "The Economics of Attorney Fee Awards.
has begun the publication of "Class Action Attorney Fee Digest," a new monthly newsletter that is described as the "single source for attorney fee information.
Targeted to class action attorneys, including both defense and plaintiff counsel, judges and academics, the newsletter focuses exclusively on class action attorney fees and each issue carries a wide range of information from over 20 cases from state and federal courts, including both published and unpublished attorney fee information.
The Supreme Court also stated that its ruling on contingent attorney fee cases is not altered by state laws that confer special rights or protection on the attorney as long as the special rights do not alter the principal-agent character of the attorney-client relationship to a partnership arrangement.
If the recovery is taxable, the attorney fee is deductible.
Revisited: Attorney Fee Shifting in Alaska, 10 ALASKA L.
The defendants moved for reconsideration of the attorney fee award, under the provisions of the Prisoner Litigation Reform Act (PLRA).
The trial court granted the attorneys summary judgment, concluding that Flannery was not entitled to the attorney fee award and that there had been no malpractice.
Resolution of future nonlitigation attorney fee awards in private
The company said the new publication is "dedicated exclusively to attorney fee developments and related legislation.
The Court decided that 27 hours spent in preparing the post-trial memorandum was a reasonable amount of time for this service, reduced the attorney fee application accordingly, and granted the application for landlord's attorney's fees for the balance.
In today's litigious society, many class action lawsuits have contingent attorney fee arrangements.