While “attorneys' fees are not usually an element of compensation for damages,” the theory of independent tort liability states that the plaintiff can recover attorneys' fees when the natural and immediate consequence of a criminal act by the defendant was the plaintiff's participation in litigation with a third party. The main reasons why American common law would allow the award of attorneys' fees are theories of bad faith and common ground. Instead, the Supreme Court explained that, in such cases, “the only reasonable rate is usually the absence of fees.” Several laws that provide for attorneys' fees set limits on the fees that can be recovered in an action against the United States. The award of attorney's fees refers to the order in which the other party pays the fees of one party's attorneys. When lawyers' fees are awarded to the government, the hourly rate must conform to the schedule established in Michael J.'s memorandum of March 31, 1993. However, there are numerous federal laws that provide for the award of attorneys' fees when the United States or a federal agency or official is a party to it.
According to common fund theory, a court may award attorney fees to a party whose legal action creates or preserves a fund of money or obtains a benefit for others and for themselves. The award of attorneys' fees depends on the law of jurisdiction and, in some cases, on the discretion of the judge presiding over a matter. As Judge O'Connor stated in her concurring opinion, “if ever there was a plaintiff who didn't deserve to pay an attorney's fees, that plaintiff is Joseph Farrar. Usually, the amount of attorneys' fees is determined by multiplying the reasonable number of hours spent on the case by the reasonable hourly rate that must be paid to the lawyer. Scott is a New York attorney with extensive experience in tax, corporate, financial and not-for-profit law and public policy.
However, even in the United States, courts may, in some cases, order the losing party to pay the winning party's attorney's fees. The practice of ordering the losing party to pay the winning party's legal fees is also known as fee transfer. However, on appeal, the Fifth Circuit reminded the district court that “Farrar does not require that fees be denied in all cases where the plaintiff seeks monetary compensation and only recovers nominal compensation. For example, the Fifth Circuit upheld the award of attorneys' fees in one case, even though the plaintiffs “failed to obtain any specific injunctive or monetary relief because the litigation resulted in an important legal victory that overruled racial preferences in admissions to public higher education in Texas, a benefit that benefits all future applicants. Roper, Deputy Attorney General, Comptroller, for all financial officers (with regular modifications or updates).
