§ 1.6.12 OTHER FACTORS

• Jurisdiction: Arizona

In a commercial dispute when there is a fee agreement between the prevailing party and counsel, that agreement will be a key factor governing any fee award. However, other factors may be pertinent. E.g., Associated Indem. Corp. v. Warner, 143 Ariz. 567, 570 694 P.2d 1181, 1184 (1985); E.R. 1.5, Ariz. S. Ct. R. 42; see Chapter 12, Ethical Issues. Further, when fees are to be paid on a contingent basis, or when the agreement does not contemplate normal billings, other factors may be relevant. These factors...