§ 2678. — Attorney fees; penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2678]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 171--TORT CLAIMS PROCEDURE
Sec. 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.
(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89-506, Sec. 4, July 18,
1966, 80 Stat. 307.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 944 (Aug. 2, 1946, ch.
753, Sec. 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 Amendment
This section was renumbered ``2677'' by Senate amendment. See 80th
Congress Senate Report No. 1559.
Amendments
1966--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.
Section Referred to in Other Sections
This section is referred to in title 5 section 8477; title 8 section
1357.
