Fee forfeiture is an equitable remedy requiring return of fees where an attorney breached fiduciary duties. It may apply to all fees during the breach period regardless of the value of services actually rendered.
It does not require proof of damages.
Alternative Names:
Fee Forfeiture, Disgorgement of Fees
Why it Matters?
The absence of a damages requirement is what makes forfeiture the preferred remedy in conflict cases, since a client who received competent work but was owed loyalty they did not receive can recover fees without proving any adverse outcome. Courts weigh the gravity of the breach against the value delivered, so partial forfeiture is common. For firms the exposure includes fees on matters where the substantive work was faultless.
Frequently Confused with
Related terms
Frequently asked questions
Does fee forfeiture require proof of damages?
Is forfeiture always total?
