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 ?
47) But the appellate attorney located a different case analyzing a jury-determined attorneys' fee award proven through use of the lodestar method, thus demonstrating that the El Apple court's approval of the lodestar method was not the equivalent of holding that the amount of attorneys' fees is for the court to decide.
This article provides an outline summarizing the pleading and procedural requirements for the recovery of attorneys' fees pursuant to a foreign prevailing party attorneys' fee statute.
The way the game was played out in Florida was this: The first "domino" was excessive litigation, often the result of the attorneys' fee provision, which led to settlements that carried enormous attorneys' fees no matter how small the settlement.
Ambach (1988) held that the HCPA provided for attorneys' fee recovery in any action or proceeding, including due process hearings.
4th DCA 2012), the Fourth District Court of Appeal held that expert testimony corroborating the reasonableness of the attorneys' fees was not required when the attorneys' fee claim was based upon the wrongful act doctrine.
Moreover, attorneys' fee claims, while "at all times subject to supervision by the courts, are most certainly subject to special scrutiny where not between attorney and client but are imposed by contract or otherwise upon third parties.
However, the Senate Appropriations and Rules committees passed a much different bill that capped claimant attorneys' fees at $250 an hour and lacked many other provisions of the House legislation.
An award of final attorneys' fees from the appellate court is available pursuant to Fla.
Of course, if victory was always assured, then the substantial sums spent on attorneys' fees must have been for naught.
Sorensen Research and Development Trust, affirmed the lower court's award of $250,000 in attorneys' fees to a defendant in a patent case on the grounds that this was an "exceptional case" under 35 U.
Federal courts should not award enhanced attorneys' fees in employment class actions for superior attorney performance except in the most extraordinary cases, the U.
426 (2005), the Supreme Court held that contingent attorneys' fees generally represent income to the plaintiff, even if the fees are paid directly to the lawyer without passing through the plaintiff's hands.