§ 2.8.2 "REASONABLE ATTORNEYS' FEES" TO "MITIGATE BURDEN OR EXPENSE OF LITIGATION"

• Jurisdiction: Arizona

The fact that attorneys' fees may exceed the amount in dispute does not mean that the fees are unreasonable. Wagner v. Casteel, 136 Ariz. 29, 32, 663 P.2d 1020, 1023 (App. 1983). An award of attorneys' fees is not excessive even though a dispute is decided upon a motion for summary judgment when the case involves complex and novel issues. First Nat'l Bank of Ariz. v. Continental Bank, 138 Ariz. 194, 200, 673 P.2d 938, 944 (App. 1983). If necessary, the trial court may conduct an evidentiary hearing in determining the reasonableness of a fee request. Boltz & Odegaard v. Hohn, 148 Ariz. 361, 366, 714 P.2d 854, 859 (App. 1985). If there is no transcript of the hearing, an appellate court will not question the sufficiency of the evidence supporting the award. Id. While the "better practice" is for the...