Also known as:attorney's fees · attorneys fees · attorney fees · attorneys' fees · legal fees
Written by attorneys · grounded in primary & secondary sources — see below
Compensation paid to an attorney for professional legal services.
Sources & Authorities
How it applies
Common Examples
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Advance Fee Held in Trust
Andre Antoine paid his lawyer a $10,000 retainer before litigation began. The lawyer deposited the full amount into a client trust account rather than the firm's operating account. As work progressed and fees were earned, the lawyer withdrew portions to cover services rendered.
Remand Triggers Fee Award
Anchor Bank removed a state contract action to federal court on diversity grounds that proved defective. Azure Solutions promptly moved to remand within thirty days. The district court remanded the case and ordered Anchor Bank to pay Azure Solutions its actual expenses, including attorney fees incurred because of the removal.
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Anika Anand brought a successful derivative suit on behalf of Alliance Holdings LLC. The court entered judgment awarding the company substantial damages. From that recovery the court ordered payment of Anand's reasonable expenses, including attorney fees and costs.
Vexatious Modification Draws Fees
Alan Ackerman filed repeated custody-modification petitions against Audrey Ashton after the decree had stabilized. The court found the filings vexatious and harassing. It assessed Audrey Ashton's attorney fees and costs against Ackerman as a sanction.
Tort Damages Exclude Fees
Adrian Aguilar sued Ashford Manufacturing for negligence after a defective product caused property damage. The jury awarded compensatory damages for the loss. The court refused to add attorney fees to the verdict because tort damages do not ordinarily include litigation expenses.
Partnership Advances Defense Costs
Andrew Avery, a partner in a consulting firm, faced a claim arising from work performed for the partnership. He requested an advance of reasonable defense expenses and promised repayment if later found ineligible for indemnification. The partnership approved the advance of attorney fees and costs in the ordinary course of business.
Common questions
Frequently Asked
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When must advance legal fees be placed in a trust account?+
A lawyer must deposit advance fees and expenses into a client trust account. The lawyer may withdraw funds only as fees are earned or expenses are incurred.
Supporting sources
Can a court award attorney fees after remanding a removed case?+
Yes. When a case is remanded for lack of subject-matter jurisdiction or other defects, the court may order the removing party to pay the other side's just costs and actual expenses, including attorney fees, incurred because of the removal.
Supporting sources
How are attorney fees recovered in a successful derivative action?+
If the derivative action succeeds in whole or in part, the court may award the plaintiff reasonable expenses, including attorney fees and costs, from the limited liability company's recovery.
Supporting sources
When are attorney fees assessed against a party seeking custody modification?+
Attorney fees and costs are assessed against the moving party if the court finds the modification action vexatious and harassing.
Supporting sources
Are attorney fees ordinarily included in tort damages?+
No. The damages recoverable in a tort action do not ordinarily include compensation for attorney fees or other litigation expenses.
Supporting sources
May a partnership advance a partner's defense costs?+
In the ordinary course of business a partnership may advance reasonable expenses, including attorney fees and costs, incurred by a partner defending a claim arising from partnership capacity, provided the partner promises repayment if ultimately ineligible for indemnification.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…the defendant in that action, held the land under a deed purchased in a sheriff's sale conducted to realize on a judgment for attorney's fees obtained against Neff in a previous action by one Mitchell. At the time of Mitchell's suit in an Oregon State court, Neff was a nonresident of Oregon. An Oregon statute allowed service by…