Questions and disputes regarding the entitlement and reasonableness of attorney's fees is a unique area of law because of the special role lawyers play in our legal system.
“[A] fee agreement between lawyer and client is not an ordinary business contract. The profession has both an obligation of public service and duties to clients which transcend ordinary business relationships and prohibit the lawyer from taking advantage of the client. Thus, in fixing and collecting fees the profession must remember that it is ‘a branch of the administration of justice and not a mere money getting trade.’”
Holmes v. Loveless, 122 Wn. App. 470, 478, 94 P.3d 338 (2004)
Some Attorney's Fee Concerns
Sources of Attorney's Fee issues and disputes:
Questions regarding the entitlement and reasonableness of attorney’s fees can arise in many situations.
- Disputes between a lawyer and client for the payment of fees.
- Reasonableness determinations of fees under statutes such as RCW 4.24.005 or RCW 7.70.070 for contingent fee tort claims.
- A review of contingent fees by the court in the settlements of claims for incompetents or minors. (SPR 98.16W)
- Quantum meruit recovery of fees where a fee agreement has not been completed or is invalid.
- Disputes between attorneys in fee sharing cases or arising out of compensation arrangements between lawyers.
- Third party or fee shifting attorney’s fee claims by a prevailing party under a contract, statute or common law rule.
- Enforcement or challenges to attorney's fee liens.
- Dissolution of law firms.
- Impact of breach of fiduciary duty on the entitlement to collect or retain fees.
- Any situation where a court must set or determine the reasonableness of requested fees.