Can a plaintiff waive or assign his right to an attorney fee?
MultiRegion, United States of America
The following excerpt is from Ruiz-Juarez v. Smith, 952 F.2d 407 (9th Cir. 1991):
An attorney fee award is the property of the party and not his attorney. Evans v. Jeff D., 475 U.S. 728, 730-31 n. 19 (1986). Evans indicates that a party may waive or assign his right to the fee. Id. at 731. Ruiz-Juarez has given no indication that he assigned his rights to his lawyer. Consequently, we rule that his attorney lacks standing to pursue this claim for attorneys fees. This appeal is DISMISSED.
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