What Is a Motion for Attorneys' Fees? - A Guide

A motion for attorneys' fees is a request to the court to award the prevailing party in a lawsuit the costs of their legal representation. A motion for attorneys' fees must be filed with the court within a certain time period after the end of the lawsuit. The motion must include a statement of the amount of fees that the party is seeking, as well as a justification for why the party is entitled to the fees. The opposing party will have an opportunity to respond to the motion, and the court will then make a decision about whether to award the fees. If the court awards attorneys' fees, the prevailing party will be able to recover the costs of their legal representation from the losing party. This can help to offset the financial burden of litigation.

In general, “California follows the ‘American rule,’ under which each party to a lawsuit ordinarily must pay his or her own attorney fees.” “Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties....” (Code of Civ. Proc., § 1021.) Where attorneys’ fees are permitted by statute as part of an underlying judgment and the statute does not limit the award of fees to those incurred prior to the judgment, post-judgment fees are… (continue reading)

Florida Rule of Civil Procedure 1.525 was adopted to set bright-line time requirements for motions for attorneys' fees and costs. (See Amendments to Fla. Rules of Civil Pro. (2000) 773 So.2d 1098. Rule 1.525 provides: Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or… (continue reading)

“In the United States, the prevailing litigant is ordinarily not entitled to collect a reasonable attorneys' fee from the loser.” (Greco v. GSL Enterprises Inc. (1987) 137 Misc. 2d 714, 715, citing Alyeska Pipeline Co. v Wilderness Socy., 421 U.S. 240, 247.) The courts may not create a right to recover attorney's fees; the right must be statutory or contractual. (Id.) In the Federal jurisdiction alone there are currently well over 100 attorney's fee-shifting statutes in areas as diverse as civil rights (42 U.S.C. § 1988), antitrust (15 U.S.C. § 15), Freedom of Information (5 U.S.C. § 552 (a)(4), (E)) and Truth in Lending (15 U.S.C. § 1640(a).) There are some fee-shifting statutes… (continue reading)

“[T]o secure an award of attorney's fees from an opponent, the prevailing party must prove that: (1) recovery of attorney's fees is legally authorized, and (2) the requested attorney's fees are reasonable and necessary for the legal representation, so that such an award will compensate the prevailing party generally for…” (continue reading)