attorney's fee

(redirected from Award of costs)
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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 ?
We dismiss the appeal of the district court's remand order and affirm its award of costs and fees.
An award of costs following planning appeals is an order for local authorities to pay the applicant the costs - either in part or in full - that they incurred during the appeal process that led to the decision of either the planning inspector or the Secretary of State.
After the Tax Court set aside an order of the Commissioner of Revenue assessing appellant for sales and use tax on transactions between it and its parent company, appellant moved for an award of costs and disbursements as permitted by Minn.
Awarding full costs to the applicant, she wrote: "I conclude that unreasonable behaviour by the council, in failing to substantiate the second reason for refusal, has led to unnecessary and wasted expense, as described by the Planning Practice Guidance, and I therefore conclude that a full award of costs is justified."
But, he added, the award of costs paled in comparison to the overall jury award.
Under the federal Clean Water Act, citizens can sue an alleged polluter and seek a court injunction, civil penalties payable to the federal government, and award of costs, including attorneys' fees.
In the case of planning inquiries, they prevent the council being liable to the award of costs from the appellant s side - potentially hundreds of thousands of pounds - so also provide value for money at large inquiries where the applicant uses expensive barristers and legal teams to challenge the council s decisions on planning applications and policy.'
According to the reports, in March this year, M&M had said an international arbitration panel in London ruled in its favour, which included an award of costs of over $2 million against GV.
After a trial in which Florida Hospital prevailed, it timely moved for an award of costs and attorneys' fees.
Mr Riley had sought the award of costs of between pounds 40,000-pounds 60,000, but Mr James said: "I should make it clear I am not envisaging an award of costs of anything approaching the pounds 40,000-pounds 60,000 sought by the applicant, which appears to me to be a staggeringly high figure for these applications given the limited evidence filed so far."