Can a contingency fee arrangement between Darby and his lawyer affect an award of attorney's fees?
MultiRegion, United States of America
The following excerpt is from Darby v. City of Torrance, 46 F.3d 1140 (9th Cir. 1995):
The district court found only one fact that might plausibly be considered a "special circumstance" rendering an award unjust--the existence of a contingency fee arrangement between Darby and his lawyer. However, this circuit has squarely addressed this issue in the past and held that "the failure to award attorney's fees because of the contingent fee arrangement [is] an abuse of discretion." Hamner v. Rios, 769 F.2d 1404, 1408 (9th Cir.1985). See also Quesada, 850 F.2d at 539.
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