|
REFERENCE TITLE: recovery of attorney fees |
|
State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
|
|
HB 2387 |
|
|
|
Introduced by Representative Pierce
|
AN ACT
amending section 12-341.01, Arizona Revised Statutes; relating to attorney fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-341.01, Arizona Revised Statutes, is amended to read:
12-341.01. Recovery of attorney fees
A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and the judgment verdict finally obtained plus reasonable attorney fees incurred up to the date of the offer is equal to or more favorable to the offeror than an offer made in writing to settle any contested action arising out of a contract, the offeror is deemed to be the successful party from the date of the offer and the court may award the successful party reasonable attorney fees. This section shall not be construed as altering, prohibiting or restricting present or future contracts or statutes that may provide for attorney fees.
B. The award of reasonable attorney fees pursuant to this section should be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. It need not equal or relate to the attorney fees actually paid or contracted, but the award may not exceed the amount paid or agreed to be paid.
C. The court and not a jury shall award reasonable attorney fees under this section.