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 ?
In general, an award of attorney fees is one committed to the trial courts discretion; the FLSA in particular entitles a prevailing plaintiff-employee to an award of a reasonable attorneys fee to be ascertained in three steps.
I believe between now and the end of the session we can bridge the difference between the House and Senate bills on attorney fees," Bradley said.
If A sues B, generally, as noted above, the successful party cannot recover his expenses of litigation such as lost time, attorney fees, and other special items other than court costs.
In her ruling, she noted that, "The court in exceptional cases may award reasonable attorney fees to the prevailing party.
001 of the Texas Civil Practice and Remedies Code that while in federal court, "a party has a Seventh Amendment right to a jury trial on damages in a breach of contract case, a party is not entitled to a jury trial on attorney fees assessed after trial") (emphasis in original); McGuire v.
The firms sought fees for work done in the case from 2000 to 2012; pre-2000 attorney fees were the subject of a separate order.
Supreme Court should make it easier for Erisa claimants to recover attorney fees.
Woodstock lawyer Paulette Gray has found the provisions of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq) on attorney fees unclear and confusing for the more than dozen years she's been practicing family law.
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 company said the newsletter includes "comprehensive data about attorney fees and named plaintiff awards for all types of common fund class actions, reported and unreported, state and federal, large and small.
The board publicly stated it feared court-ordered attorney fees to be paid by taxpayer funds if the ACLU prevailed.
The bill allows the employee to seek penalties, interest, costs of the suit, and attorney fees.