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 ?
The Court first looked to the language of the Erisa statue, which provides that "the court in its discretion may allow a reasonable attorney's fee and costs .
reasonable attorney's fee to the prevailing party as part of the
The appeals court also held that the application of the lodestar method in calculating the attorney's fee award was an abuse of discretion.
too far to construe it as encompassing" attorney's fee awards
The Seventh Circuit Court of Appeals reversed the attorney's fee award, finding that the equal protection claim and the malicious prosecution claim were not related.
Although a court may determine a "reasonable attorney's fee," its discretion isn't unlimited.
600(c)(1), which vests the lower tribunal with continuing jurisdiction to enter and enforce orders awarding "temporary attorney's fees and costs reasonably necessary to prosecute or defend an appeal[.
In March 2008, he filed a complaint to recover overtime compensation, damages and attorney's fees and costs.
Strange as it seems, the issue after the jury returned its verdict for the Estate was whether the trial court erred in awarding attorney's fees and costs, as well as the related expenses incurred by the Estate in pursing the case.
A sentence has also been added to that subsection requiring courts to schedule all hearings for or relating to interim attorney's fees and costs under that subsection in an expeditious manner.
Congress long ago determined that attorney's fees in civil-rights and constitutional cases are necessary to help prevailing parties vindicate their civil rights and to enable vigorous enforcement of these protections.
Existing law allows any employee to file a civil action to recover unpaid wages or overtime including interest, reasonable attorney's fees and costs of suit and under the Code of Civil Procedure 382 allows for class-action suits.

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