{"id":14483,"date":"2018-02-22T04:32:19","date_gmt":"2018-02-22T04:32:19","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14483"},"modified":"2018-02-22T04:36:27","modified_gmt":"2018-02-22T04:36:27","slug":"14483-2","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14483","title":{"rendered":"attorney’s fee – the charge for services (i.e. hourly fee, flat fee, or contingent fee)"},"content":{"rendered":"

\u00a0<\/strong><\/span>\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Representing Yourself \u201cPro Se\u201d and Assisting Others as a Non-Lawyer<\/a> >>>> Lawyer? Attorney? Counselor? What\u2019s the Difference?<\/em><\/a> >>>> Attorney<\/a> >>>> Private Attorney<\/a>:<\/span>
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attorney\u2019s fee<\/span>:<\/strong><\/span>
\n(18c) (usu. pl.)<\/span><\/p>\n

1. The charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee.<\/strong> \u2014 Also spelled attorneys\u2019 fees<\/span><\/strong><\/em>. \u2014 aka attorney fees<\/span><\/strong><\/em>.\u00a0 Cf. RETAINER (4). [1]
\n<\/span><\/p>\n

1. An allowance made by the court as costs in addition to the ordinary statutory costs. 20 Am 12d Costs \u00a7 72<\/span>. <\/span><\/strong><\/p>\n

Compensation to which an attorney \u2018at 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 \u00a7 203<\/span>.<\/span><\/strong><\/p>\n

In some instances, the amount of an attorney\u2018s fee is fixed by contract, as in the case of an attorney\u2019s 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 <\/span><\/strong>fees paid attorneys.<\/strong>
\nSec contingent fee<\/em>; costs of collection.<\/em> [2]<\/span><\/p>\n

1. Compensation to which an attorney is entitled for her services.\u00a0 This is usually a matter of contract between the attorney and the client.\u00a0 <\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See retainer.\u00a0 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.\u00a0 In some types of cases, attorney fees are set by a statute that also requires that the fees be paid by the defendant.\u00a0 If the plaintiff or claimant prevails in the action.\u00a0 EXAMPLE: under many workers’ compensatin acts, the claimant’s attonry is entitled ot a specified percentage of the claimant’s award.\u00a0 See also contingent fee; lodestar rule.<\/strong> [3]<\/span><\/p>\n

reasonable attorney\u2019s fee<\/span> –<\/strong> (1853) An attorney\u2019s 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 <\/span>services rendered.\u00a0<\/strong> See Model Rule of Prof. Conduct 1.5 (2005). [1]
\n<\/span><\/p>\n

lodestar rule<\/span> – A standard applied by courts in fixing the amount of attorney fees allowed by statute.\u00a0 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.<\/strong> [3]<\/span><\/p>\n

prevailing rate – <\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>. <\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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