§ 1.6.2 BASIS FOR THE FEE

• Jurisdiction: Arizona

The fee claimant should specify the legal basis for the fee award in the fee application. For example, if the fee claimant is relying on a statute, the claimant should identify the statutory basis for the fee award. Likewise, if the fee claimant is relying on a provision in a contract with the adverse party that authorizes a fee award, the claimant should cite that provision in the fee application. See generally Chapter 3, Contractual Provisions. Indeed, because contracts that authorize the recovery of attorneys' fees ordinarily will be enforced according to their terms, any contractual provision...