28 U.S. Code § 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.

Source

(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 4,July 18, 1966, 80 Stat. 307.)
Historical and Revision Notes

Based 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 Amendment

This section was renumbered “2677” by Senate amendment. See 80th Congress Senate Report No. 1559.
Amendments

1966—Pub. L. 89–506raised 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. 89–506applicable to claims accruing six months or more after July 18, 1966, see section 10 ofPub. L. 89–506, set out as a note under section 2672 of this title.

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14 CFR - Aeronautics and Space

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

22 CFR - Foreign Relations

22 CFR Part 511 - FEDERAL TORT CLAIMS PROCEDURE

28 CFR - Judicial Administration

28 CFR Part 543 - LEGAL MATTERS

32 CFR - National Defense

32 CFR Part 536 - CLAIMS AGAINST THE UNITED STATES

32 CFR Part 842 - ADMINISTRATIVE CLAIMS

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

39 CFR - Postal Service

39 CFR Part 912 - PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE

43 CFR - Public Lands: Interior

43 CFR Part 22 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES

 

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