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== Attorney Fees vs. Case Costs ==
In legal proceedings, attorney fees and case costs are two distinct types of expenses. Attorney fees are the compensation paid to a lawyer or law firm for their professional services, such as time, labor, and expertise.<ref name="Albertson2018">Time and Money: The Difference Between Attorney's Fees and Costs. (2018-12-13). Retrieved 2024-03-08, from https://www.aldavlaw.com/blog/time-and-money-the-difference-between-attorneys-fees-and-costs/</ref> Case costs, sometimes called litigation costs, are the out-of-pocket expenses paid to third parties to advance the case through the legal system.<ref name="SmithDietrich2017">The difference between attorney fees and litigation costs. (2017-07-23). Retrieved 2024-03-08, from https://www.smithdietrich.com/blog/2017/july/the-difference-between-attorney-fees-and-litig/</ref><ref name="ref1" /> While both are part of the total expense of litigation, they cover different items and are usually itemized separately in billing.<ref name="AttorneysFeesCosts">Fees vs. Costs - Attorneys. Retrieved 2024-03-08, from https://www.attorneys.com/personal-injury/fees-vs-costs</ref>

=== Comparison Table ===
{| class="wikitable"
|-
! Category !! Attorney Fees !! Case Costs
|-
| '''Purpose'''
| Compensation for the lawyer's work, time, and expertise.<ref name="Albertson2018"/>
| Reimbursement for expenses paid to third parties to litigate the case.<ref name="SmithDietrich2017"/>
|-
| '''Recipient'''
| The attorney and their law firm.
| Third-party entities such as courts, government agencies, expert witnesses, court reporters, and process servers.<ref name="AttorneysFeesCosts"/>
|-
| '''Common Examples'''
| Hourly rates, flat fees, contingency fees, retainer fees.<ref name="MyCase2023">Attorney Fees + Case Costs: Expense Management Impact. (2023-08-14). Retrieved 2024-03-08, from https://www.mycase.com/blog/attorney-fees-and-costs/</ref>
| Court filing fees, deposition and transcript costs, expert witness fees, postage, and fees for serving subpoenas.<ref name="SpiggleLaw2023">Hidden Costs of Lawsuits: Attorney's Fees vs. Court Costs. (2023-08-04). Retrieved 2024-03-08, from https://www.youtube.com/watch?v=sMtb0-s6W5s</ref><ref name="ref2" /><ref name="ref3" /><ref name="ref4" /><ref name="ref5" />
|-
| '''Billing Structure'''
| Based on a pre-arranged structure, such as hours worked or a percentage of the recovery.
| Billed as the actual amount of the expense incurred.<ref name="AttorneysFeesCosts"/>
|-
| '''Contingency Cases'''
| Payment is contingent on winning the case; no fees are owed if the case is lost.<ref name="WyattLaw">Do Lawyers Get Paid If They Lose a Case?. Wyatt Injury Law. Retrieved 2024-03-08, from https://wyattlaw.com/do-lawyers-get-paid-if-they-lose-a-case/</ref>
| The client may still be responsible for paying case costs even if the case is lost, depending on the fee agreement.<ref name="LamberGoodnow">Who Pays for the Costs in My Case? Are They Included in the Percentage Fee?. Retrieved 2024-03-08, from https://lambergoodnow.com/personal-injury/legal-fees-and-costs</ref>
|}

[[File:Venn_diagram_Differences_between_Attorney_Fees_versus_Case_Costs_comparison.png|thumb|center|800px|alt=Venn diagram for Differences between Attorney Fees and Case Costs|Venn diagram comparing Differences between Attorney Fees and Case Costs]]

=== Responsibility for Payment ===
Typically, the client is responsible for paying both attorney fees and case costs as specified in their fee agreement.<ref name="AttorneysFeesCosts"/> Even when a law firm advances money to cover costs, this is often treated as a loan that the client must repay.<ref name="AttorneysFeesCosts"/>

In the United States legal system, the "American Rule" generally requires that each party pays its own attorney fees, regardless of the outcome of the lawsuit.<ref name="Sheehan2017">Can Parties Recover Their Attorneys' Fees in Litigation?. (2017-08-01). Retrieved 2024-03-08, from https://www.sheehan.com/news-blog/can-parties-recover-their-attorneys-fees-in-litigation/</ref> However, there are exceptions. A court may order the losing party to pay the winning party's attorney fees if a specific statute allows for it, such as in certain civil rights or consumer protection cases, or if a contract between the parties contains a "fee-shifting" provision.<ref name="EinbinderDunn2016">Recovery of Attorneys' Fees in Litigation – Who Pays?. (2016-08-11). Retrieved 2024-03-08, from https://www.eddb-law.com/recovery-of-attorneys-fees-in-litigation-who-pays/</ref> The prevailing party in a lawsuit is often able to recover some case costs from the losing party, though the recoverable amount may be limited by statute and might not cover all actual expenses.<ref name="SmithDietrich2017"/>

== References ==
<references />

[[Category:Comparisons]]

Differences between Attorney Fees and Case Costs - Revision history

Dwg: Article written and Venn diagram created.