The civil rights fee statute applicable to §1983 actions authorizes a court to award the “prevailing party” a “reasonable attorney’s fee.” (42 U.S.C. §1988(b)).1 This fee shifting statute is designed to insure that competent counsel will be available for civil rights plaintiffs.2
The great majority of §1983 plaintiffs do not have the means to retain counsel on an hourly basis. They must, therefore, attempt to work out other types of fee arrangements. Some §1983 plaintiffs assign their right to §1988 fees to their attorneys. Many §1983 plaintiffs and their attorneys enter into contingency agreements. And, some retainer agreements provide for both an assignment of §1988 fees and a contingency fee. When, as is frequently the case, there is a contingency agreement, questions arise as to the relationship between the statutory §1988 fee and the contingency fee.
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