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attorney's fee |
Also found in: Wikipedia | 0.84 sec. |
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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. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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? References in periodicals archive |
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The ACLU and other organizations have been able to exploit the Civil Rights Attorneys' Fees Act of 1976 to con judges into awarding them taxpayers' funding to defend the ``civil rights'' of a tiny number of atheists who oppose religious symbols on public property, while trampling on the rights of millions of Americans to freedom of religious expression. In addition, separate attorneys' fees may be awarded or agreed to be paid by the business or government agency. Likewise, attorneys' fees paid to an injured party's attorney also may be reportable as taxable income to the injured party That was the case in Banks, II, 125 SCt 826 (2005), when the Supreme Court held that the contingent attorneys' fees were taxable to the injured party |
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