# Justice Manual § 9-120.100: Policy Limitations on Application of Forfeiture Provisions to Attorney Fees

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-120.100

## Section

- **Citation:** Justice Manual § 9-120.100
- **Heading:** Policy Limitations on Application of Forfeiture Provisions to Attorney Fees
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-120.000 - Attorney Fee Forfeiture Guidelines / Justice Manual § 9-120.100

## Text

While there are no constitutional or statutory prohibitions to application of the third party forfeiture provisions to attorney fees, the Department recognizes that attorneys, who among all third parties uniquely may be aware of the possibility of forfeiture, may not be able to meet the statutory requirements for relief for third party transferees without hampering their ability to represent their clients. In particular, requiring an attorney to bear the burden of proving lack of reasonable cause to believe that an asset was subject to forfeiture may prevent the free and open exchange of information between an attorney and a client. The Department recognizes that the proper exercise of prosecutorial discretion dictates that this be taken into consideration in applying the third party forfeiture provisions to attorney fees. Accordingly, it is the policy of the Department that application of the forfeiture provisions to attorney fees be carefully reviewed and that they be uniformly and fairly applied.

[new May 2010]

## Nearby sections

- [Justice Manual § 9-120.100 Policy Limitations on Application of Forfeiture Provisions to Attorney Fees](https://www.frixlaw.com/law-library/statutes/JM_S9-120.100.md)
- [Justice Manual § 9-120.101 Attorney Fee Forfeiture Guidelines](https://www.frixlaw.com/law-library/statutes/JM_S9-120.101.md)
- [Justice Manual § 9-120.102 Forfeiture of Assets Transferred to an Attorney in a Fraudulent or Sham Transaction](https://www.frixlaw.com/law-library/statutes/JM_S9-120.102.md)
- [Justice Manual § 9-120.103 Forfeiture of Assets Transferred to an Attorney for Representation in a Civil Matter](https://www.frixlaw.com/law-library/statutes/JM_S9-120.103.md)
- [Justice Manual § 9-120.104 Forfeiture of Assets Transferred to an Attorney for Representation in a Criminal Matter](https://www.frixlaw.com/law-library/statutes/JM_S9-120.104.md)
- [Justice Manual § 9-120.105 Discussion of Actual Knowledge and/or Reasonable Cause to Know](https://www.frixlaw.com/law-library/statutes/JM_S9-120.105.md)
- [Justice Manual § 9-120.106 At the Time of the Transfer](https://www.frixlaw.com/law-library/statutes/JM_S9-120.106.md)
- [Justice Manual § 9-120.107 Actual Knowledge of Forfeitability](https://www.frixlaw.com/law-library/statutes/JM_S9-120.107.md)
- [Justice Manual § 9-120.108 Knowledge that the Government has Asserted that a Particular Asset is Subject to Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-120.108.md)
- [Justice Manual § 9-120.109 Knowledge that the Asset in Fact is from Criminal Misconduct](https://www.frixlaw.com/law-library/statutes/JM_S9-120.109.md)
- [Justice Manual § 9-120.110 Reasonable Cause to Know that an Asset is Subject to Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-120.110.md)
- [Justice Manual § 9-120.111 Policy Concerning Issuance of Notification Letters to Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-120.111.md)
- [Justice Manual § 9-120.112 Discovery of Information Concerning an Asset Transferred to an Attorney as Fees for Legal Services](https://www.frixlaw.com/law-library/statutes/JM_S9-120.112.md)
- [Justice Manual § 9-120.113 Compelled Disclosure of Confidential Communications During the Course of the Representation](https://www.frixlaw.com/law-library/statutes/JM_S9-120.113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-120.100. Check the current official text before relying on it. Not legal advice.