attorney’s fees. The charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee. — Also spelled attorneys’ fees. — Also termed attorney fees. Cf. RETAINER(2). [Cases: Costs 194.10; Federal Civil Procedure 2737. C.J.S. Costs § 125.]
The right of an attorney to hold or retain a client’s money or property (a retaining lien) or to encumber money payable to the client (a charging lien) until the attorney’s fees have been properly determined and paid. [Cases: Attorney and Client 171. C.J.S. Attorney and Client §§ 357–359.]
costs of collection. Expenses incurred in receiving payment of a note; esp., attorney’s fees created in the effort to collect a note. [Cases: Bills and Notes 534. C.J.S. Bills and Notes; Letters of Credit§§ 238, 297, 306, 312–328, 339.]
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fee-splitting. 1. The division of attorney’s fees between two or more lawyers, esp. between the lawyer who handled a matter and the lawyer who referred the matter. • Some states consider this practice unethical. 2. The division of attorney’s fees between two or more lawyers who represent a client jointly but are not in the
A court’s last action that settles the rights of the parties and disposes of all issues in controversy, except for the award of costs (and, sometimes, attorney’s fees) and enforcement of the judgment. — Also termed final appealable judgment; final decision; final decree; definitive judgment; determinative judgment; final appealable order. See FINAL-JUDGMENT RULE. [Cases: Appeal
substantially justified. (Of conduct, a position, etc.) having a reasonable basis in law and in fact. • Under the Equal Access to Justice Act, a prevailing party in a lawsuit against the government will be unable to recover its attorney’s fees if the government’s position is substantially justified. [Cases: United States 147(10).]
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English rule. The requirement that a losing litigant must pay the winner’s costs and attorney’s fees. — Also termed loser-pays rule. Cf. AMERICAN RULE (1). [Cases: Costs 194.14. C.J.S. Costs § 126.]
lodestar. 1. A guiding star; an inspiration or model. 2. A reasonable amount of attorney’s fees in a given case, usu. calculated by multiplying a reasonable number of hours worked by the prevailing hourly rate in the community for similar work, and often considering such additional factors as the degree of skill and difficulty involved
common-fund doctrine. The principle that a litigant who creates, discovers, increases, or preserves a fund to which others also have a claim is entitled to recover litigation costs and attorney’s fees from that fund. — Also termed equitable-fund doctrine. [Cases: Attorney and Client 155. C.J.S. Attorney and Client §§ 332–335.]
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