Definition[edit | edit source]
Attorney's fees (also written as attorneys' fees) are the fees charged a client by its attorneys.
Overview[edit | edit source]
If provided by statute or contract, the attorney's fees of one party can be ordered paid by another party to the litigation or arbitration. Generally, attorney's fees must be authorized by statute to be recoverable.
"The party seeking attorneys' fees has the burden to prove that its request . . . is reasonable." The opposing party must challenge the requested fee with specificity. The court may not reduce the fee amount sua sponte. Once the party opposing the fee request objects, however, the court "has a great deal of discretion to adjust the fee award in light of those objections.""The . . . determination of whether attorney fees are appropriate is reviewed for an abuse of discretion."
"The most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." The result, known as the "lodestar," is presumed to represent a reasonable award of attorney's fees.
References[edit | edit source]
- Rode v. Dellaciprete, 892 F.2d 1177, 1183 (3d Cir. 1990)(full-text).
- Bell v. United Princeton Properties, 884 F.2d 713, 719-20 (3d Cir. 1989)(full-text).
- Rode, 892 F.2d at 1183 (citing Bell, 884 F.2d at 721).
- Tegal Corp. v. Tokyo Electron America, Inc., 257 F.3d 1331, 1351, 59 U.S.P.Q.2d (BNA) 1385, 1400 (Fed. Cir. 2001) (quotations, ellipsis and citation omitted) (full-text).
- Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)(full-text).