§ 1.6.6 THE ADVERSARY'S CONDUCT

JurisdictionArizona

The fee claimant may bring to the court's attention unreasonable conduct of the adversary that, for example, increases litigation costs or prevents the expeditious resolution of the dispute. Courts should be told the adversary (or his attorney) rejected reasonable and fair settlement offers, abused discovery proceedings, or escalated, unreasonably protracted, or complicated the case. See Copeland v. Marshall, 641 F.2d 880, 904 (D.C. Cir. 1980) (en banc); S&R Props. v. Maricopa County, 178 Ariz. 491, 505...

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