Awarding Attorneys' Fees and Managing Fee Litigation. Alan Hirsch and DianeSheehey

摘要

In the federal courts, attorneys' fees litigation arises in several contexts.Almost 200 civil statutes authorize fee awards to prevailing plaintiffs and, in some cases, prevailing defendants. Bankruptcy courts must approve requests for fees for professional services, including attorneys' fees, in every Chapter 11 case and in other cases as well. In addition, common law permits courts to award fees where a suit results in a common fund or substantial benefit to a class of plaintiffs or non-parties. Judges also may award fees against parties or attorneys as a sanction for misconduct, under the court's inherent authority, or pursuant to several provisions in the Federal Rules of Civil Procedure. Finally, the 1964 Criminal Justice Act authorizes compensation to court appointed attorneys in criminal cases. In the aggregate, attorneys' fees matters constitute a significant part of a federal judge's workload.