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.

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1 Lawyer Answer
Sean Woods
PREMIUM
Sean Woods
Answered
  • 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.

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