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Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. Fees may be an hourly, flat-rate or contingent fee.
The Magnuson–Moss Warranty Act is one such federal law. [5] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously multiplies a proceeding. Federal courts also possess inherent authority to assess attorney’s fees and litigation costs against a plaintiff who has ...
In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
The loser pays principle does not apply under the United States legal system unless there is a specific statute awarding fees to the prevailing party. [2] Alternatively, the contract between the parties may provide that the prevailing party is entitled to recover attorney's fees from the losing party.
The Hyde Amendment (Pub.L. 105-119, § 617, Nov. 26, 1997, 111 Stat. 2519, codified as a note following 18 U.S.C. § 3006A) is a federal statute allowing federal courts to award attorneys' fees and court costs to criminal defendants "where the court finds that the position of the United States was 'vexatious, frivolous, or in bad faith'".
The attorney's permitted fee varies depending on the country, and even local jurisdictions. For example, in the U.S. a contingency fee is based on the contractual agreement between the attorney and the party. The fee is calculated as a share of the eventual damage judgment or settlement obtained by the client.
Attorney (Lawyer) fees, paid by either or both parties, for the preparation and recording of official documents. The principals and/or lender may each be represented ...
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...