Tucson, AZ asked in Contracts and Civil Litigation for Arizona

Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.

Related Topics:
1 Lawyer Answer
Sean Woods
Sean Woods
  • Phoenix, AZ
  • Licensed in Arizona

A: Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then the opposing party may file an application for attorneys fees and costs.

The statute is clear that only reasonable fees and costs may be awarded. The opposing party has the burden to show the Court that their fees meet this requirement.

Typically, the application is required to apply the elements delineated by the Schweiger v. China Doll Restaurant case. This is colloquially referred to as a "China Doll Affidavit" and requires the application to list all time entries and the value of each.

If the application includes "Block Billing," those line items may be stricken from the application. Block Billing is the practice of including multiple activities in one encompassing time entry.

I'm sorry it is not black and white, but I hope this helps you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.