28 U.S.C. § 2678

Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023)
Section 2678 - Attorney fees; penalty

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.

28 U.S.C. § 2678

June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89-506, §4, July 18, 1966, 80 Stat. 307.

HISTORICAL AND REVISION NOTESBased 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 AMENDMENTThis section was renumbered "2677" by Senate amendment. See 80th Congress Senate Report No. 1559.


AMENDMENTS1966- 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.