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Dictionary of Law |
attorney's fee :: legal definitionAttorney's fee - n. 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. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages. estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege process :: n. in law, the legal means by which a person is re ... service of process subpena summons promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion requirements contract :: n. a contract between a supplier (or manufacturer) ... produces. See also: output contract retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. service :: n. 1) paid work by another person, either by contr ... ersonal services service of process speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |