The Ethics of Fee Waivers: Negotiation of Statutory Attorney's Fees in Civil Rights Cases

Abstract

Plaintiffs who prevail in lawsuits claiming deprivation of civil rights are generally entitled to receive, in addition to relief for their actual injuries, an award of "reasonable" attorney's fees under the Civil Rights Attorney's Fees Award Act of 1976 (Fees Act or Act) or a similar fee-shifting statute. The United States Supreme Court recently ruled in Evans v. Jeff D. , however, that settlement offers by defendants in such cases may be conditioned on plaintiffs' complete or partial waiver of attorney's fees, without violating the language or intent of the Fees Act.