In any contested action arising from a contract, express or implied, the court may award the winning party reasonable attorney's fees. The court may distribute the payment of fees between the attorneys and the offending parties, jointly or severally, and may set separate amounts against the offending attorney or party. Attorneys fees will not be calculated if, after filing a lawsuit, any lawsuit or defense is voluntarily dismissed within a reasonable time after the attorney or party filing the dismissal knew or should have reasonably known that the lawsuit or defense lacked substantial justification. For purposes of this section, costs and expenses may include attorneys' fees, filing costs, and other reasonable expenses that the court deems necessary for the full and proper filing of the action, including any appeal. If the base is used on an hourly basis, a deposit is often requested early on to withhold or secure the lawyer's services.
Therefore, presumably, the lawyer “will do everything possible to obtain not only compensation for the client, but also payment for their time and effort.” While the general rule is that each party must pay their own attorney's fees in a lawsuit, the law provides for many exceptions that entitle the prevailing party to have the opposing party pay a reasonable amount of attorney's fees. The court can order that all amounts be paid directly to the lawyer, who can enforce the order on behalf of the lawyer with the same force and effect and in the same manner as if the order had been issued on behalf of either party to the action. Without prejudice to any other law, this state and the political subdivisions of this state may receive attorneys' fees in accordance with this section. Typically, the amount of the attorney's contingent fees will range from 25 to 40 percent, not including out-of-pocket expenses, which are the client's responsibility. Depending on the type of case in question, lawyers usually charge a fixed fee, a contingent fee, or an hourly rate for their services.
The lawyer will bill (hourly) for the time spent on behalf of the client against the deposit and, if the entire deposit has been spent, the client is required to pay for all future work performed on behalf of the client until the case. Contingent fees are most often used in collection matters and in representing injured parties in personal injury actions.
