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 ?
27) The efficacy of a proposal for settlement as a basis for attorneys' fees may be impacted when a competing fee statute or contractual provision is at issue in the same case, and interpreting case law should be consulted for further guidance in such cases.
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.
That obligation may in theory (though rarely in practice) be enforced by the court through sanctions including attorneys' fees.
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.
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
costs' in Rule 68 include attorneys' fees only if the
The appeals court held that the detainees' claim for injunctive relief was moot, and that the Prison Litigation Reform Act (PLRA) precluded the award of attorneys' fees.
The appropriations act for fiscal year 2002 lifted the caps on attorneys' fees and directed DCPS and GAO to report on judgements awarding attorneys' fees in excess of the limitations imposed in fiscal years 1999, 2000, and 2001.
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.
In addition, the college must reimburse the landlord for the attorneys' fees (estimated to be more than $400,000) it incurred in connection with the lawsuit.
Given that Chrysler had only acknowledged the safety defects in the ABS, and issued the recalls, after it had been sued by consumers for just such a remedy, plaintiffs moved for attorneys' fees under the Magnuson-Moss Act, which authorizes consumers to commence civil actions for damages or other relief for the breach of any express or implied warranty or service contract by the provider of consumer goods and provides that the defendant may be ordered to pay attorneys' fees to the plaintiffs in the event that they prevail in the case.