CHAPTER 4.07. Counsel Fee Limitations

• Jurisdiction: United States

4.07. Counsel Fee Limitations

Delaware law limits counsel fees in connection with actions, suits, matters, or proceedings brought for the enforcement of any note, bond, mechanic's lien, mortgage, invoice, or other written instrument. Counsel fees are limited to reasonable fees not to exceed 20 percent of the amount adjudged as principal and interest.¹²¹ Delaware case law has made clear that the 20 percent amount is neither a routine amount nor a minimum amount to be awarded.¹²²

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Notes:

^[121] 10 Del. C. § 3912.

^[122] Rock v. Short, 336 A.2d 219 (Del. 1975).