§ 1.5 WHEN TO ASSERT THE CLAIM FOR ATTORNEYS' FEES

• Jurisdiction: Arizona

When making the initial case evaluation, counsel should consider whether attorneys' fees may be recovered or assessed. Asserting the request for attorneys' fees as part of the initial pleadings or in a Rule 12 motion not only constitutes compliance with Rule 54(g)(1), but allows the parties to evaluate the nature of the litigation risks. Further, the...