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 ?
With the elimination of the attorneys fee provision, some attorneys will now think twice before pursuing legal actions that might not yield the "pot of gold" they once did.
A HEARING ON THE FAIRNESS OF THE SETTLEMENT AND CLASS COUNSELS' REQUEST FOR THE ATTORNEYS FEE AND EXPENSES WILL BE HELD ON JUNE 16, 2000 AT THE UNITED STATES COURTHOUSE IN ST.
Hematology asserted that the trial court erred in awarding attorney's fees and costs to the Estate because the "expenses terms" of the AWDA do not permit a claim for attorneys fees or litigation expenses.
The Public Expression of Religion Act would remove the authority for judges to award taxpayer monies in attorneys fees in Establishment Clause (``Congress shall make no law respecting an establishment of religion.
He stated that the federal statute was enacted to eliminate abusive debt collection practices and to protect consumers by prohibiting a debt collector from using unfair or unconscionable means to collect a consumer debt, and if he does, the law imposes civil liability, including attorneys fees, upon the debt collector.
The parties agreed that $32,000 fairly represented the costs, including attorneys fees, accrued prior to the defendants' offer under Rule 68.
Celebrity), approximately $193 million exclusive of pre-judgment interest and attorneys fees, the amount of which is subject to further decision and final calculation by the court.
The county paid $44,317 in attorneys fees and $26,638.
Judge Wilford O'Connor has held that a tenant's repeated default in the payment of rent constituted a violation of a substantial obligation of the tenancy, such that the owner was awarded a final judgment of possession, with the case set down for a hearing on "use and occupancy" and attorneys fees.
Citizen Suits, and the Award of Attorneys Fees in Environmental Litigation