28-U.S.C.-2678
§2678 – Attorney Fees; Penalty
Pathway
Title 28 > Part VI > Chapter 171 > Section 2678
Details
- Reference: Section 2678
- Legend: §2678 – Attorney Fees; Penalty
- USCode Year: 2013
Provision Content
No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.
Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, §4, July 18, 1966, 80 Stat. 307.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §944 (Aug. 2, 1946, ch. 753, §422, 60 Stat. 846).
Words shall be guilty of a misdemeanor and shall, upon conviction thereof, in the second sentence, were omitted in conformity with revised title 18, U.S.C., Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). See sections 1 and 2 of said revised title 18.
Changes were made in phraseology.
Senate Revision Amendment
This section was renumbered 2677 by Senate amendment. See 80th Congress Senate Report No. 1559.
Amendments
1966—Pub. L. 89–506 raised the limitations on allowable attorneys fees from 10 to 20 percent for administrative settlements and from 20 to 25 percent for fees in cases after suit is filed and removed the requirement of agency or court allowance of the amount of attorneys fees.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–506 applicable to claims accruing six months or more after July 18, 1966, see section 10 of Pub. L. 89–506, set out as a note under section 2672 of this title.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-2644 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-2644, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-2641 in the Legal Encyclopedia: Proceedings
In this entry about 28-U.S.C.-2641, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.
Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Claims
In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States claims-specific issues, written by authorities in the field.
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