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 ?
However, the Senate Appropriations and Rules committees passed a much different bill that capped claimant attorneys' fees at $250 an hour and lacked many other provisions of the House legislation.
An award of final attorneys' fees from the appellate court is available pursuant to Fla.
Of course, if victory was always assured, then the substantial sums spent on attorneys' fees must have been for naught.
In Texas, while entitlement to attorneys' fees is a question for the court, the amount of reasonable and necessary attorneys' fees is typically a question of fact for a jury to decide.
Sorensen Research and Development Trust, affirmed the lower court's award of $250,000 in attorneys' fees to a defendant in a patent case on the grounds that this was an "exceptional case" under 35 U.
A litigant should understand how the presiding court will treat a relevant foreign prevailing party fee statute since its applicability can have serious effects on the outcome of the litigation, especially for those litigants accustomed to the "American" rule where each party bears its own attorneys' fees.
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