Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Cohen, Henry

Library of Congress. Congressional Research Service.

关键词: Law;    Courts;    Legal fees;    Executive departments;   

RP-ID  :  94-970
RP-ID  :  94-970 2006-01-24

美国|英语

来源: UNT Digital Library

【 摘 要 】

In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys’ fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees. This report discusses the Equal Access to Justice Act (EAJA), which makes the United States liable for attorneys’ fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified.