§ 5.4.3.2 BAD FAITH

• Jurisdiction: Arizona

§ 5.4.3.2 Bad Faith

The term "good faith" is not defined in A.R.S. § 12-349, but recent case law holds that that it is a subjective determination, such that what matters is whether the attorney actually had knowledge that a claim or defense was frivolous or otherwise improper. SeeRogone v. Correia, 236 Ariz. 43, 50-52, ¶¶ 24-29, 335 P.3d 1122, 1129-31 (App. 2014). Addressing the good faith element in the former A.R.S. § 12-341.01(C), the court of appeals noted, however, that ordinarily bad faith will have...