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 ?
Tenant's counsel submitted that the application for attorney's fees by the landlord, which was in the form of affidavits, was improper inasmuch as it sought an award of attorney fees without a hearing.
s patent infringement victory, proving damages and willful infringement that has led to a doubling of Norco's proved damages plus attorney fees.
PALMDALE - Ousted Palmdale School District official Diana Beard-Williams has been spared from paying the district more than $258,000 it spent in attorney fees defending against her racial-discrimination lawsuit.
Although Clarks involved only interest, the reasoning should apply to contingent attorney fees as well.
The federal Act provides that a debt collector who violates the provisions of FDCPA is liable for actual damage sustained by the debtor and the debtor's attorney fees.
However, section 7430(c)(1)(B) (iii) limits the recovery of attorney fees to $110 an hour (adjusted for inflation) unless a special factor, such as the limited availability of qualified attorneys for a particular proceeding, justifies a higher rate.
Comprehensive information on living wills and trusts, financial and medical power of attorney, estate planning and estate administration empowers individuals and families to make the right choices without getting caught up in probate and costly attorney fees and court costs.
A jury entered a verdict in favor of the prisoner, the district court awarded attorney fees and the officer appealed.
Besides the payment of $176,000 to the boy and his mother, the settlement includes more than $85,000 in attorney fees and $35,000 for the cost of litigation, plus $6,300 to pay off a Medi-Cal lien.
In these "mixed-motives" cases, the court may grant only certain kinds of relief (such as limited injunctions) plus attorney fees and related costs.
A status conference and a hearing on issues such as attorney fees are scheduled for November.
On balance, I feel that paying reasonable attorney fees is all that is called for,'' Judge Thomas J.