Burning Question: Is There an Apostrophe and S in Attorney['s] Fees? - Articles

All Content


Posted by: Julia Wilburn on Aug 11, 2023

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.