Attorney Fee Recovery Calculator
Estimate attorney's fees recoverable by a prevailing party under the American Rule exceptions: contract fee-shifting clauses, fee-shifting statutes (42 U.S.C. §1988, FLSA, Lanham Act, Title VII), and equitable doctrines (common fund, common benefit). Uses the lodestar method (hours × reasonable rate) plus optional multiplier and adjustments.
The American Rule and Its Exceptions
Default rule: each party pays own attorney's fees regardless of outcome. Exceptions where prevailing party recovers fees: (1) Contract fee-shifting clause ('the prevailing party shall recover reasonable attorney's fees'). (2) Fee-shifting statute — civil rights (§1988), employment (Title VII, ADA, FLSA, ADEA), antitrust (Clayton Act §4), Lanham Act trademark, ERISA, securities fraud, qui tam False Claims Act. (3) Common fund doctrine (class action). (4) Common benefit doctrine. (5) Bad faith / contempt sanctions. Many statutes are one-way (prevailing plaintiff only — civil rights, employment) or two-way (either party — contract claims).
The Lodestar Method
Lodestar = hours reasonably expended × reasonable hourly rate. Calculated per Hensley v. Eckerhart (461 U.S. 424, 1983). Hours must be: (a) reasonably necessary, (b) supported by contemporaneous time records, (c) not duplicative. Rate must be: (a) prevailing market rate in the relevant community, (b) for similar work, (c) by attorneys of similar skill. Plaintiff's attorney's actual rate is a presumption but not conclusive.
Multiplier, Enhancement, and Reduction
Courts may enhance the lodestar for: exceptional results, novelty/difficulty of the case, contingency risk, public interest. Perdue v. Kenny A. (559 U.S. 542, 2010) limited fee enhancements — must show specific evidence the lodestar didn't reflect the work's true value. Courts may reduce for: limited success (Hensley pro-rating), excessive hours, duplicative work, secretarial-level tasks billed at attorney rates, inadequate time records. Contingency multipliers (used in class actions) typically 2-3x.
Costs vs Attorney's Fees
'Costs' under FRCP 54 and 28 U.S.C. §1920 are recoverable separately from fees: clerk fees, transcript costs, witness fees ($40/day federal), copying, exemplification. Expert-witness fees beyond $40/day are NOT taxable costs in federal court unless statute permits (Crawford Fitting Co. v. J.T. Gibbons). Most fee-shifting statutes (§1988, FLSA, Title VII) include 'expert fees' for civil-rights cases after the Civil Rights Act of 1991. State courts vary widely on cost recovery.
Sources: Hensley v. Eckerhart (461 U.S. 424); Perdue v. Kenny A. (559 U.S. 542); 42 U.S.C. §1988; 29 U.S.C. §216(b) (FLSA); ABA Formal Op. 93-379 (billing). Last updated: May 2026. Not legal advice.