Simple English definitions for legal terms
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Attorney's fees are the money a client pays to a lawyer for their legal services. Lawyers can charge by the hour, a flat fee, or a percentage of the money won in a case. The fee must be reasonable and not too high. Lawyers must keep their client's money separate from their own and only take out what they have earned. If two lawyers work on a case, they can share the fee if they both did a lot of work and agreed to be responsible for any mistakes. The client must agree to the fee and it must be fair.
Attorney's Fees/Attorneys' Fees refer to the amount of money a client pays to their lawyer for legal services provided. These fees can be charged hourly, on a contingency basis, as a flat fee, or a combination of these methods. Some states prohibit nonrefundable fees.
According to the Model Rules of Professional Conduct, attorney fees must be reasonable. This means that if the fee falls within the range of what other attorneys charge for similar services, and the client had a free and informed choice before agreeing to the fee, then it is considered reasonable. If the fee is not within the range of what other attorneys charge, the attorney must prove that it is reasonable based on factors such as the nature of the case, local custom, and the attorney's reputation.
Attorneys must keep client funds and attorney fees separate, except for bank service charges. If the attorney receives a special retainer, which is a deposit against future services, they must put the money into a trust account and transfer funds to their personal account only as the fees are earned. If the attorney receives an engagement or general retainer, which is a fee for their availability, they can put the money directly into their personal account.
Attorneys from different firms can share fees if they each assume joint responsibility for the representation as a whole. This means that they agree to be fully liable for any malpractice, professional discipline, or court sanctions. The client must agree in writing to the fee division, and the total fee must be reasonable.
These examples illustrate how attorney's fees work and how they must be reasonable and properly managed to protect the client's interests.