Attorney fees — in plain language
the money paid to lawyers for their work representing you in a legal matter
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
the money paid to lawyers for their work representing you in a legal matter
- lawyer's charges
- legal costs
- payment for legal services
- lawyer's bill
What to watch for
- Non-lawyers often confuse 'attorney fees' with 'court costs' — court costs are filing fees and administrative charges, while attorney fees are what you pay the lawyer for their time and expertise.
- The phrase 'reasonable attorney fees' does not mean 'cheap' — it means fees that a court would consider fair and appropriate for the work performed.
- In contracts, 'attorney fees' can mean either the client pays their own lawyer, or the losing party pays the winner's lawyer — the context determines which applies.
- Contingency fees (where the lawyer gets a percentage of what you win) are a type of attorney fee arrangement, but the term 'attorney fees' alone does not imply contingency.
Why This Term Is Hard to Translate. "Attorney fees" sounds like it should be simple, but it can mean different things depending on who pays whom. In most cases, the client pays their own lawyer. But in contracts or statutes with fee-shifting provisions, the loser pays the winner's lawyer. The plain-language version must clarify which arrangement applies.
What to Watch For.
- Fee-shifting language: Phrases like "prevailing party shall recover" or "loser pays" indicate that attorney fees go from one side to the other, not from client to lawyer.
- Reasonable vs. actual: "Reasonable attorney fees" allows court review of the charges, while "actual attorney fees" typically means what was actually billed.
- Inclusion with other costs: Attorney fees are often grouped with court costs and other expenses — keep them separate in plain language so readers understand they're paying the lawyer, not the court.
Common Misunderstandings by Non-Lawyers.
- "'Attorney fees' means the court makes the other side pay my lawyer." (Only if there's a specific law or contract provision saying so.)
- "I have to pay my lawyer whether I win or lose." (Usually true, unless you have a contingency arrangement or win with fee-shifting.)
- "Attorney fees are the same as court costs." (No — court costs are filing fees and administrative charges; attorney fees are what you pay your lawyer.)
Legal definition
The money you pay to a lawyer for representing you in a legal matter. This can include hourly charges, flat fees for specific services, or contingency fees where the lawyer takes a percentage of what you win. In some situations, a contract or law may require the losing side of a dispute to pay the winner's attorney fees.
Meanings by context
fee-shifting statutes: When the law or contract says the loser of a case has to pay the winner's lawyer bills.
family law: When a judge orders one spouse to pay the other spouse's lawyer bills, usually because one makes much more money than the other.
Examples
Legal: The prevailing party shall be entitled to recover reasonable attorney fees and costs.
Plain: Whoever wins the case can get their lawyer's bills paid by the other side.
Legal: Limitation, reasonable attorney fees to resolve such matters, then such costs.
Plain: The company will pay for the lawyer's time needed to handle this issue, up to the limit stated.
Legal: Expenses (including without limitation reasonable attorney fees and court costs).
Plain: All the money paid to lawyers and the court for this legal work.
Where you'll see it
- commercial contracts
- court filings
- settlement agreements
- lease agreements
- insurance policies
Related terms
- litigation costs
- court costs
- expert fees
- contingency fee
- hourly rate
- flat fee
Word details
- Pronunciation
- uh-TURN-ee FEEZ
- Part of speech
- noun
- Origin
- English — attorney' from Old French 'atour' (one who arranges matters) + 'fees' from Old English 'feoh' (money, payment)
- Domains
- contract law, civil litigation, family law, cost shifting and fee shifting, civil remedies
- Frequency
- very common
- Formality
- moderate
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