§ 1.6.8.2 WHEN THERE IS NO AGREED UPON HOURLY RATE

• Jurisdiction: Arizona

§ 1.6.8.2 When There is No Agreed Upon Hourly Rate

As discussed in § 1.6.1, in certain types of cases, fees are not paid on an hourly basis. Generally, under these circumstances, or when the recovery of "reasonable" fees is authorized by statute, the court will be required to determine the prevailing reasonable hourly rate in the community for similar work. City of Tempe v. State, 237 Ariz. 360, 367, ¶ 29, 351 P.3d 367, 374 (App. 2015) (prevailing market rate should be used to calculate the State's reasonable attorneys' fees when represented by the Attorney General); Thompson v. Corry, 231 Ariz. 161, 164-67, ¶¶ 11-22, 291 P.3d 358, 361-64 (App. 2012) (court should use prevailing market rate in the community for similar services to determine reasonable hourly rate for pro bono counsel in domestic relations matter); Charles I. Friedman, P.C. v. Microsoft Corp., 213 Ariz. 344, 356, ¶ 42, 141 P.3d 824, 836 (App. 2006) (prevailing market rate when fees determined under common fund doctrine); Kadish v. Arizona State Land Dep't, 177 Ariz. 322, 332, 868 P.2d 335, 345 (App. 1993) (prevailing market rate...