Attorneys Fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney lawyer or law firm for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Attorney fees are separate from fines, compensatory and punitive damages, and except in Nevada from court costs in a legal case. Surveys suggest that fees range from $150 to $1000 per hour when billed hourly. Under "the American rule" attorney fees are usually not paid by the losing party to the winning party in a case, except at the federal level or for specific statutory reasons. The phrase is a legal term of art in American jurisprudence in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems. Attorney's fees or attorneys' fees, depending upon number of attorneys involved, or simplified to attorney fees are the fees, including labor charges and costs, charged by lawyers or their firms for legal services provided by them to their clients. They do not include incidental, non-legal costs e.g. expedited shipping costs for legal documents. Generally Nevada being an exception, attorney fees are tabulated separately from court costs, and are also separate from fines, compensatory and punitive damages, and other monies in a legal case not enumerated as court costs. The analogous concept has differing names and applicability in common law systems such as in most of the Commonwealth of Nations, and in civil law systems such as those of most of Europe and many former European colonies. For example, in a court case under English law, the fees of solicitors and barristers two types of lawyer are combined with court costs and various other expenses into a combined "costs", while non-court solicitor expenses may be separately billed as per-hour charges and those of barristers as daily brief fees. The losing party in a case in most common law systems pays for the costs including fees of both parties. State laws or bar association regulations, many of which are based on Rule 1.5 of the American Bar Association's Rules of Professional Conduct, govern the terms under which lawyers can accept fees. Many complaints to ethics boards regarding attorneys revolve around excessive attorney's fees. In some American jurisdictions, a lawyer for the plaintiff in a civil case can take a case on a contingent fee basis. A contingent fee is a percentage of the monetary judgment or settlement. The contingent fee may be split among several firms who have contractual arrangements amongst themselves for referrals or other assistance. Where a plaintiff loses, the attorney may not receive any money for his or her work. Many countries prohibit contingent fees as unethical. Most jurisdictions in the United States prohibit working for a contingent fee in family law or criminal cases. In the United States, an up-front fee paid to a lawyer is called a retainer. Money within the retainer is often used to "buy" a certain amount of work. Some contracts provide that when the money from the retainer is gone, the fee is renegotiated. This is to be differentiated between a retainer in Commonwealth states, where a retainer is the contract that is initially signed by a client to engage a lawyer. Money may or may not be paid up front, but the lawyer is still "retained". The range of fees charged by lawyers varies widely from one city to the next. Most large law firms in the United States bill between $200 and $1,000 per hour for their lawyers' time, though fees charged by smaller firms are much lower. The rate varies tremendously by location as well as the specific area of law practiced. Typically insurance defense firms have lower hourly rates than non-insurance firms, but are compensated by having steady, regular paying work provided. Locations like Salt Lake City will average $150 per hour for an associate's time on a basic case, but will increase for larger firms. Many surveys of hourly rates are done. The American Intellectual Property Law Association "AIPLA" commissions a survey of its members every 2 years and it publishes these in what it calls a "Report of the Economic Survey". The latest one is dated June 2007. Rates are collected for 14 geographic areas and by associate or partner. Many courts have followed the rates shown by these AIPLA surveys and they are highly-regarded for Intellectual Property litigation. The State Bar of Oregon and the Colorado State Bar also have published a survey of rates for various areas of Oregon and Colorado and these are available online. Perhaps the most widely followed set of rates are what is called the Laffey Matrix that is available from the United States Attorney's Office for the District of Columbia. These have been available since 1982 and are updated each year. The hourly rates are shown by years of experience. For June 1, 2006 to May 31, 2007 the rates are as follows: 20+ years of experience, $425 per hour; 11–19 years, $375; 8–10 years, $305; 4–7 years, $245; 1–3 years, $205; and Paralegals/law clerks $120. The Laffey Matrix appears to be growing in acceptance by many courts throughout the United States, but the matrix must be adjusted to account for higher or lower costs for legal services in other areas. Hourly rates are increasing almost every year and some lawyers charge substantially higher than the rates shown by the Laffey Matrix. The first American attorney to regularly charge a four-digit hourly fee $1000 and higher was Benjamin Civiletti in late 2005. With the ongoing recession of the 2000s, corporate clients began driving attorneys increasingly toward alternative fee arrangements, or AFAs. AFAs can include flat fees per matter, fixed fees for a "book" of matters, success bonuses, and other options beyond straight hourly billing.
Law School
In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree.
Law schools in the U.S. issue the Juris Doctor degree J.D., which is a professional doctorate, and for most practitioners a terminal degree.
Other degrees that are awarded include the Master of Laws LL.M. and the Doctor of Juridical Science J.S.D. or S.J.D. degrees, which can be more international in scope. Most law schools are colleges, schools, or other units within a larger post-secondary institution, such as a university. Legal education is very different in the United States from that in many other parts of the world.
These basic courses are intended to provide an overview of the broad study of law. Not all ABA-approved law schools offer all of these courses in the 1L year; for example, many schools do not offer constitutional law and/or criminal law until the second and third years. Most schools also require Evidence but rarely offer the course to first year students. Some schools combine legal research and legal writing into a single year-long "lawyering skills" course, which may also include a small oral argument component.
Because the first year curriculum is always fixed, most schools do not allow 1L students to select their own course schedules, and instead hand them their schedules at new student orientation.
At most schools, the grade for an entire course depends upon the outcome of only one or two examinations, usually in essay form, which are administered via students' laptop computers in the classroom with the assistance of specialized software. Some professors may use multiple choice exams in part or in full if the course material is suitable for it e.g., professional responsibility. Legal research and writing courses tend to have several major projects some graded, some not and a final exam in essay form.
After the first year, law students are generally free to pursue different fields of legal study, such as administrative law, corporate law, international law, admiralty law, intellectual property law, and tax law.
Graduation is the assured outcome for the majority of students who pay their tuition, behave honorably and responsibly, maintain a minimum per-semester unit count and grade point average, take required upper-division courses, and successfully complete a certain number of units by the end of their sixth semester. Students unable to meet these requirements are ejected and forced to pursue other career options; very few law schools will admit a candidate involuntarily dismissed from another school.
The ABA also requires that all students at ABA-approved schools take an ethics course in professional responsibility. Typically, this is an upper-level course; most students take it in the 2L year. This requirement was added after the Watergate scandal, which seriously damaged the public image of the profession because President Richard Nixon and most of his alleged cohorts were lawyers. The ABA desired to demonstrate that the legal profession could regulate itself and hoped to prevent direct federal regulation of the profession.
As of 2004, to ensure that students' research and writing skills do not deteriorate, the ABA has added an upper division writing requirement. Law students must take at least one course, or complete an independent study project, as a 2L or 3L that requires the writing of a paper for credit.
Most law courses are less about doctrine and more about learning how to analyze legal problems, read cases, distill facts and apply law to facts. Legal education focuses on skill-learning, not law-learning.
Many of the top schools in the United States are much more interested in teaching students legal theory and analysis than they are in the specific doctrines or "black letter law". Top schools emphasize theory over practice for several reasons. First, these schools often train legal academics, who will be teaching future lawyers. Second, professors at these schools are often interested in questions of legal theory and legal reform, as they themselves are, and were, often not practitioners. Third, these schools often have the most prestigious journals, and students are encouraged to engage in scholarship to publish in these journals.
However, clinical education is very important, and many schools, such as Wisconsin Law School and University of Maryland School of Law, differentiate themselves with excellent clinical programs. Moreover, students often seek out clinical programs because doctrinal courses offer little in the way of practical training. On the other hand, clinical programs may be emphasized to the detriment of opportunities for more lucrative tracts such as corporate law.
In 1968, the Ford Foundation began disbursing $12 million to persuade law schools to make "law school clinics" part of their curriculum. Clinics were intended to give practical experience in law practice while providing pro bono representation to the poor. However, conservative critics charge that the clinics have been used instead as an avenue for the professors to engage in left-wing political activism. Critics cite the financial involvement of the Ford Foundation as the turning point when such clinics began to change from giving practical experience to engaging in advocacy.
Many law students participate in internship programs during their course of study. In some schools, such as Northeastern University School of Law and the Earle Mack School of Law at Drexel University, students have the opportunity to pursue co-operative education programs during their legal education careers.
Finally, it should be noted that the emphasis in law schools is rarely on the law of the particular state in which the law school sits, but on the law generally throughout the country. Although this makes studying for the bar exam more difficult since one must learn state-specific law, the emphasis on legal skills over legal knowledge can benefit law students not intending to practice in the same state they attend law school.