28 USC § 2678 - Attorney fees; penalty

---
identifier: "/us/usc/t28/s2678"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2678 - Attorney fees; penalty"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2678"
section_name: "Attorney fees; penalty"
chapter_number: 171
chapter_name: "TORT CLAIMS PROCEDURE"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 4, July 18, 1966, 80 Stat. 307.)"
---


# § 2678. Attorney fees; penalty

section 1346(b) of this titlesection 2677 of this titlesection 2672 of this title

No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to  or any settlement made pursuant to , or in excess of 20 per centum of any award, compromise, or settlement made pursuant to .

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 Credit**: (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 (, ).

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.

## Editorial Notes

### Amendments

1966— 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.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1966 Amendment

Amendment by  applicable to claims accruing six months or more after , see , set out as a note under .