Although you should always memorialize your attorney-client fee agreements in writing, there are some limited circumstances in which an oral agreement covering attorney fees is legally permissible. How many of those circumstances can you identify? Continue reading
attorneys fees
4 Reasons to Get Help on a Fee Motion
Just because you successfully handled the merits of a case doesn’t mean that you should take on a large or complex fee motion that arises from it. It may be time to bring in someone with fee motion expertise. Continue reading
Know the Limits on Attorney Fees
Attorneys can’t always get what they want in attorney fees. There are statutory limitations, fees subject to court approval, and fee agreements that violate public policy. Continue reading
How to Get Reciprocal Contractual Attorney Fees
It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading
Splitting Fees? Get Client Consent ASAP
Common scenario: You do some work for a client and then pass off the client to another attorney, agreeing to split the attorney fees. Later you want to get your share of the fees. The Rules of Professional Conduct require that you get the client’s written consent to any fee-splitting agreement. Did you get the client’s consent right away, or are you now at the mercy of the other attorney? Continue reading
