§ 11.2.1.5 The Common Fund Doctrine.

JurisdictionArizona

§ 11.2.1.5 The Common Fund Doctrine. The common fund doctrine is an equitable exception to the well-established rule that attorneys’ fees are only awarded when expressly authorized by contract or statute. See Valder Law Offices v. Keenan Law Firm, 212 Ariz. 244, 252, ¶ 28, 129 P.3d 966, 974 (App. 2006); Burke v. Ariz. State Ret. Sys., 206 Ariz. 269, 272, ¶ 7, 77 P.3d 444, 447 (App. 2003). The purpose of the common fund doctrine is to compensate counsel for producing benefits for a class of people and...

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