attorney's fee

(redirected from Attorney fee)
Also found in: Financial.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
And both bills tackle the number one issue that AOB reform advocates say is fueling the abuse: Florida's one-way attorney fee statute.
See Mary Mullen, "Attorney Fee Awards in Minnesota Statutes" (July 2015), available here.<br />So if you've won your case on appeal and determined that your client has a substantive basis to seek attorneys' fees from the opposing party, what do you do?
He said his office believes attorneys fees should not be awarded to third-party contractors who have been assigned benefits to insurer claims made under the so-called "one-way attorney fee" statute that was meant to protect consumers only.
(23.) See Thomas Freeman, Attorneys' Fees: Attorney Fee Awards Under the Freedom of Information Act, 64 GEO.
The district wants the attorney fee award reduced because Adie Geiser won only one of his two major discrimination claims at trial.
A new company, Octagon Publishing (Washington, D.C.), has begun the publication of "Class Action Attorney Fee Digest," a new monthly newsletter that is described as the "single source for attorney fee information." An annual subscription costs $1800.
Targeted to class action attorneys, including both defense and plaintiff counsel, judges and academics, the newsletter focuses exclusively on class action attorney fees and each issue carries a wide range of information from over 20 cases from state and federal courts, including both published and unpublished attorney fee information.
If the recovery is taxable, the attorney fee is deductible.
Revisited: Attorney Fee Shifting in Alaska, 10 ALASKA L.
Vargo, The American Rule on Attorney Fee Allocation: The Injured Person's Access to Justice, 42 AM.
Specifically, subcontractors will be able to use the terms of their contracts (attorney fee clauses) with general contractors/developers to apply settlement leverage by the use of thoughtful and well-analyzed settlement offers under CCP998.
Tronic's analysis will likely prevent government attorney fee