§ 11.2.1.2 Amount of Attorneys' Fees Under A.R.S. § 12-341.01(B).

• Jurisdiction: Arizona

§ 11.2.1.2 Amount of Attorneys’ Fees Under A.R.S. § 12-341.01(B). Once the court decides to award attorneys’ fees under A.R.S. § 12-341.01(A), the amount of the award is dictated by A.R.S. § 12-341.01(B). The latter subsection states the award “should be made to mitigate the burden of the expense of litigation.” Although the award need not equal or relate to fees actually paid or contracted, it may not exceed that amount. See A.R.S. § 12-341.01(B).

The supreme court has enumerated several factors to be considered by the courts in determining the amount of an award under A.R.S. § 12-341.01(B): (1) the merits of the claim or defense presented by the unsuccessful party; (2)...