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Blog

Awarding of Attorneys' Fees in Civil Cases

Posted on 16th October 2013 by RadiateWP in Blog, Civil Lawsuits

Pursuant to Arizona statute and case law the court will evaluate attorneys’ fees under the following factors:

1.           Merits of the claim or defense presented by the unsuccessful party;

2.           Whether the litigation could have been avoided or settled and whether the successful parties’ efforts were completely superfluous in achieving the results;

3.           Whether assessing fees against the unsuccessful party would cause an extreme hardship;

4.           Whether the successful party prevailed on all the requested relief;

5.           Whether the case involved novel legal questions; and

6.           Whether the award would discourage other parties with tenable claims or defensives from litigating or defending legitimate contract issues for fear of incurring liability for substantial attorneys’ fees.

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All rights reserved. Website by Vuria