Also known as:attorney fee · attorneys fees · attorney's fees · attorneys' fees
Written by attorneys · grounded in primary & secondary sources — see below
Compensation paid or awarded to an attorney for professional legal services rendered in a matter.
Sources & Authorities
How it applies
Common Examples
6
Remand After Improper Removal
Ariana Azizi filed a notice removing a contract dispute from state court to federal district court. The court later determined it lacked subject matter jurisdiction and entered a remand order. The order directed Azizi to reimburse the opposing party for expenses incurred due to the removal.
Successful Derivative Suit Recovery
Anika Anand brought a derivative action on behalf of Alpine Mining against its managers. The suit produced a substantial recovery for the company. The court awarded Anand reasonable expenses including attorneys fees from the company's recovery.
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Statutes
Federal Rules
Uniform Acts
Restatements
Study Supplements
Dictionaries
Amelia Amari filed a motion to modify an existing custody decree. The court found the filing vexatious and intended to harass the other parent. The court assessed attorneys fees and costs against Amari.
Tort Litigation Expenses
Andrew Avery prevailed in a negligence action against Avalon Pharmaceuticals. He sought to recover the cost of litigating the suit as additional damages. The court denied the request because tort damages do not ordinarily include attorney fees.
Partnership Advancement of Defense Costs
Adrian Aguilar, a former partner in Argonaut Shipping, faced a claim arising from his prior partnership role. The partnership advanced reasonable defense expenses after Aguilar promised repayment if indemnification proved unavailable.
Post-Judgment Fee Motion
Amber Alonzo prevailed in federal court and sought attorney fees. She filed a motion within fourteen days after entry of judgment rather than proving the fees at trial. The court accepted the motion as the proper procedure.
Common questions
Frequently Asked
6
When may a court award attorney fees on remand from federal to state court?+
A court may require the removing party to pay just costs and actual expenses including attorney fees incurred as a result of removal when it remands the case for lack of subject matter jurisdiction.
Supporting sources
Under what condition may a plaintiff in a derivative action recover attorney fees?+
When the derivative action succeeds in whole or in part the court may award the plaintiff reasonable expenses including attorney fees 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 constitutes harassment.
Supporting sources
Do tort damages ordinarily include attorney fees?+
Tort damages do not ordinarily include compensation for attorney fees or other expenses of the litigation.
Supporting sources
May a partnership advance defense costs to a former partner?+
A partnership may advance reasonable expenses including attorney fees to a person sued by reason of former partner status provided the person promises repayment if not ultimately entitled to indemnification.
Supporting sources
How must a party claim attorney fees in federal court?+
A claim for attorney fees must be made by motion unless substantive law requires the fees to be proved at trial as an element of damages.
Supporting sources
433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977)Property
…J. A. M. A. 2328 (1976). [^maj-21]: See M. Freedman, Lawyers' Ethics in an Adversary System 115-116 (1975); Branca & Steinberg, Attorney Fee Schedules and Legal Advertising: The Implications of Goldfarb , 24 UCLA L. Rev. 475, 516-517 (1977). [^maj-22]: The Report of the Special Committee on the Availability of Legal Services,…
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