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 ?

In general, an award of attorney fees is one committed to the trial courts discretion; the FLSA in particular entitles a prevailing plaintiff-employee to an award of a reasonable attorneys fee to be ascertained in three steps.

FLSA attorneys fee award vacated

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.

Will Florida's New Law Stop a Dangerous Game?

The subcontract agreement contained an attorneys fee clause which stated: "Should a subcontractor default in any of the provisions of this subcontract and should contractor employ an attorney to enforce any provisions hereof or collect damages for breach of subcontract, subcontractor and his surety agreed to pay contractor such reasonable attorneys fees as he may expend therein.

California Construction Law:

26) And "[s]ince there is no common law right to recover attorneys fees, the Seventh Amendment does not guarantee a trial by jury to determine the amount of reasonable attorneys fees.

The statute, the Constitution, the caselaw, and the appellate lawyer as sleuth

If the particular court is located in a jurisdiction that requires that a plaintiff plead its intent to recover his attorneys fees under FRCP 9(g) or otherwise provide timely notice, a company should assert the "plead or waiver" defenses recognized by those jurisdictions.

The hidden mines: how the "English rule" on prevailing party attorneys' fees can apply in cross-border litigation in American courts

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.

Is amount of attorney's fees & costs included in caps?

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.

Does Federal Fair Debt Collection Practices Act affect non-payment eviction proceedings?

The parties agreed that $32,000 fairly represented the costs, including attorneys fees, accrued prior to the defendants' offer under Rule 68.

Attorney's fees in civil litigation: controlling the costs

Although Oregon statutes governing uninsured motorists and personal injury protection required mandatory binding arbitration, and precluded claimants from recovering attorney's fees, the statutes did not address whether insureds who sued their carriers would be entitled to attorneys fees.