Also known as: reasonable attorneys’ fees · reasonable attorney fees · reasonable attorneys fees · attorney fee award · § 1988 fees
Written by attorneys · grounded in primary & secondary sources — see below
Expenses for legal representation that a court may award to a prevailing or petitioning party in designated proceedings. The award is measured by prevailing market rates for the services performed and is available only when a statute expressly authorizes shifting or reimbursement of such costs from a recovery or from another party.
Renee Rogers, a minority member of Ridgeway Partners, brought a derivative action alleging that the managing member diverted company funds to a competing venture. After trial the court ordered repayment of $300,000 plus an equity interest in the new venture. Because the action succeeded in whole or in part, the court awarded Renee reasonable attorney’s fees from the cash portion of the LLC’s recovery.
Riley Rivera obtained a child-support order in State X against Ronald Reed. After Ronald relocated to State Y and fell behind on payments, Riley filed an enforcement petition in State Y. The responding tribunal exercised its authority to award reasonable attorney’s fees to Riley to compensate for the costs of pursuing compliance across state lines.
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Rina Rahman filed a parentage action seeking to establish that Robert Rivera is the father of her child. The court ordered genetic testing and ultimately adjudicated parentage. Under the governing statute the court assessed reasonable attorney’s fees against Robert and directed that payment be made directly to Rina’s counsel.
A court may award such fees when the derivative action succeeds in whole or in part. The award is taken from the recovery obtained for the LLC and reimburses the plaintiff for expenses incurred in prosecuting the claim.
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Yes. Section 305(b)(11) expressly lists the power to award reasonable attorney’s fees and other fees and costs among the actions a responding tribunal may take when enforcing an out-of-state support order.
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Yes. The statute permits the court to direct that fees be paid directly to the attorney, who may then enforce the order in the attorney’s own name.
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The amount is measured by prevailing market rates for the kind and quality of services furnished, as illustrated by federal fee-shifting provisions that courts often consult when applying uniform-act language.
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