the payment for legal services. It can take several forms 1) hourly charge, 2) flat
fee for the performance of a particular service (like $250 to write a will), 3)
contingent fee (such as one-third of the gross recovery, and nothing if there is
no recovery), 4) statutory fees (such as percentages of an estate for representing
the estate), 5) court-approved fees (such as in bankruptcy or guardianships), 6)
some mixture of hourly and contingent fee or other combination. It is wise (and
often mandatory) for the attorney and the client to have a signed contract for any
extensive legal work, particularly in contingent fee cases. Most attorneys keep
records of time spent on cases to justify fees (and keep track of when actions were
taken), even when the work is not on an hourly basis. A "retainer" is a down payment
on fees, often required by the attorney in order to make sure he or she is not left
holding the bag for work performed, or at least as a good faith indication that
the client is serious and can afford the services. On the other hand, contingent
fees require limits (often one-third) to protect the unwary client. Attorney fee
disputes can be decided by arbitration, often operated by the local bar association.
Attorney's fees are not awarded to the winning party in a lawsuit except where there
is a provision in a contract for the fees or there is a statute which provides for
an award of fees in the particular type of case.
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