attorney’s fee – the charge for services (i.e. hourly fee, flat fee, or contingent fee)

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attorney’s fee:
(18c) (usu. pl.)

1. The charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee. — Also spelled attorneys’ fees. — aka attorney fees.  Cf. RETAINER (4). [1]

1. An allowance made by the court as costs in addition to the ordinary statutory costs. 20 Am 12d Costs § 72.

Compensation to which an attorney ‘at law is entitled for his services and, unless restricted by a contingent fee contract, payable to the attorney without reference to benefits accruing to his client. 7 Am 12d Attys § 203.

In some instances, the amount of an attorney‘s fee is fixed by contract, as in the case of an attorney’s fee provision in a promissory note. and m other cases, by the court, as where the client is a fiduciary and must seek credit in his account for fees paid attorneys.
Sec contingent fee; costs of collection. [2]

1. Compensation to which an attorney is entitled for her services.  This is usually a matter of contract between the attorney and the client. 
     See retainer.  However, where authorized by statute, a court may enter an order in a lawsuit directing the payment fo a party’s attorney fees by the opposite party.  In some types of cases, attorney fees are set by a statute that also requires that the fees be paid by the defendant.  If the plaintiff or claimant prevails in the action.  EXAMPLE: under many workers’ compensatin acts, the claimant’s attonry is entitled ot a specified percentage of the claimant’s award.  See also contingent fee; lodestar rule. [3]

reasonable attorney’s fee (1853) An attorney’s compensation determined to be equitable or fair based on several factors, including the amount of time invested by the attorney; the level of attorney skill, experience, reputation, or ability required; the nature and length of the professional relationship with the client; the difficulty or novelty of questions involved; the dollar amount involved and the results obtained; whether the fee is fixed or contingent and the uncertainty of collection of the fee; and the prevailing market rate for similar services rendered.  See Model Rule of Prof. Conduct 1.5 (2005). [1]

lodestar rule – A standard applied by courts in fixing the amount of attorney fees allowed by statute.  The number of hours spent on the case, and a reasonable rate per hour (i.e., the prevailing rate), are the “lodestar,” to be adjusted by other relevant factors such as the quality of the work performed and ht nature of the result obtained by the attorney. [3]

prevailing rate –


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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