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 ?
Court of Appeals for the District of Columbia Circuit vacates the $13 million attorney's fee award and remands.
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.
MONTANA: reasonable measures to rectify any harm, pecuniary or otherwise [section]49-2-506; (in court): attorney's fee [section]49-2-509
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.
16 provides, in pertinent part, as follows: "The trial court shall have continuing jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level.
Specially, the Minnesota federal court judge ruled that Octane is entitled to $1,633,333 in attorney's fees and court costs of $144,697.
25) It turns out that attorneys' fees have been considered "part of costs" for a very long time: "At common law, attorney's fees were regarded as an element of 'costs' awarded to the prevailing party.
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.

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