Opinion by
KENNETH L. BUETTNER, Presiding Judge:
. T1 This is an appeal of an attorney fee award under 12 0.8.1991 § 986. We find no abuse of discretion and affirm.
1 2 Plaintiff/ Appellee Pezold, Richey, Caruso & Barker (Law Firm) represented Defendant/Appellant Cherokee Nation Industries, Inc. (CNT) as plaintiff in a breach of contract lawsuit. Law Firm began its representation of CNI under an hourly-rate agreement, but, because CNI had difficulty paying the legal bills, the parties agreed to a contingent fee for work after October 1, 1996." The case settled and Law Firm received into its trust account settlement funds totaling $1,866,137.12.
T3 Law Firm withheld from the settlement proceeds a contingent fee of $699,801.42, $52,240.50 in costs including a finance charge of $6,097.50, $88,254.75 in previously billed but unpaid hourly fees, $1,542.40 in-other charges, and $59,163.53 for outstanding billings to other Cherokee Nation entities. On January 21, 1997, Law Firm distributed to CNI the sum of $972,067.75, which included the settlement balance of $965,134.52 as well as earned interest of $6,983.28. CNI retained other counsel and objected to the distribution on January 23, 1997. The following day, Law Firm filed this declaratory judgment action. CNI counterelaimed for rescission of the contingent fee agreement, breach of contract, and conversion. On February 14, 1997, Law Firm released to CNI under protest the $59,163.53 it had withheld for billings to other Cherokee Nation entities. CNI filed a separate action in another county for fraud and misrepresentation, and that action was consolidated with the declaratory judgment action.
4 After trial, the trial court granted judgment to Law Firm, declaring Law Firm was entitled to receive its hourly fees for legal services rendered to CNI through September 30, 1996. However, the trial court reduced the amount of such fees from $88,254.75 to $54,566.90 because Law Firm had increased its hourly billing rates without notifying CNI. The trial court denied CNU's counterclaims for fraud, breach of contract, undue influence, and rescission. The Court of Civil Appeals affirmed the trial court's judgment in Case No. 98,856.
15 Law Firm moved for attorney fees pursuant to 12 0.S8.1991 § 936, asserting it was the prevailing party on "claims to recover monies owed by CNI under the parties' legal services agreement." Law Firm maintained it had "received an affirmative judgment in the amount of $54,566.90." CNI objected, arguing Law Firm did not bring an action for the recovery of monetary damages related to labor 'and services rendered, but rather, as a trustee and holder of funds, brought. an equitable action seeking a declaration of the rights of the parties and construction of their fee agreement. The trial court ruled Law Firm "sought and recovered compensation for legal services rendered," and awarded it attorney fees of $294,706.00:
16 CNI seeks review of that order, contending the trial court erred in awarding fees under § 986 because Law Firm's action was not in the nature of a collection on an established debt, but an equitable action brought to determine entitlement to un-dis-bursed trust funds. It argues Law Firm did not receive a damages judgment against CNI, but instead received an equitable declaration by the trial court determining Law Firm's rights and entitlement to the remaining funds in its trust account. CNI contends there was never a failure to pay the amounts claimed by Law Firm, and Law Firm had the money in its possession and control at all times. CNI points out the trial court had earlier ruled the paramount issues in the case were equitable, and tried the case to an advisory jury.
T7 Law Firm argues it not only sought a money judgment for unpaid fees and damages of $88,254.75 for breach of contract, but it also defended CNTs effort to have the contingent fee agreement voided. The amount at issue with respect to the contingent fee agreement was $699,801.42. It contends the recovery of attorney fees is autho[432] rized by § 986 because the underlying nature of its suit was one for labor or services.
18 Attorney fees are not available under § 936 merely because a suit involves a contract relating to labor or services; the suit must be "brought for labor and services." Russell v. Flanagan, 1975 OK 173, 544 P.2d 510, 512. A suit is brought for labor and services if "the damages arose directly from the rendition of labor or services, such as a failure to pay for those services." Burrows Const. Co. v. Indep. School Dist. No. 2 of Stephens Co., 1985 OK 57, 704 P.2d 1136, 1188. The court must look to the underlying nature of the suit to determine the applicability of § 936, Id.
19 The underlying nature of the instant case was the recovery of attorney fees. The judgment entered by the trial court included a finding that Law Firm was "entitled to recover from CNI the amount of $54,566.90 for unpaid hourly fees under the oral agreement of the parties." In addition, the trial court entered judgment in favor of Law Firm on CNI's effort to void the contingent fee agreement and recover the $699,801.42 paid thereunder. As a result, both actions come within the literal terms of § 986. The fact that the money was held in a trust account pending judicial decision is immaterial. Likewise, it is irrelevant that the action to recover for services rendered was denominated equitable rather than legal in nature.1
$10 CNI also appeals the amount of the attorneys fee award raising three issues. The first issue is that the trial court awarded fees of $200 an hour for Mr. Wohlemuth's time and $150 an hour for Mr. Ladner's time. The evidence presented by Law Firm was that these rates were fair and reasonable in the community. CNI did not dispute that fact, but argued that Law Firm should be limited by lower hourly rates previously agreed upon with the insurance company paying the fees ($110 and $100 an hour respectively).
T11 In accordance with State ex rel. Burk v. Oklahoma City, 1979 OK 115, 598 P.2d 659, the trial court initially determines hourly compensation by multiplying hours times rate. These factors are determined by evidence submitted to the court. The hourly rate is based upon standards in the local legal community. Green Bay Packaging v. Preferred Packaging, 1996 OK 121, 932 P.2d 1091, 1100. This time and labor amount may then be adjusted by other Burk factors. One of those factors is "the customary fees" in similar cases.
12 In this case, Law Firm had negotiated a reduced hourly rate with the insurance company paying its fees. While this fact may be taken into account by the trial court, there is no abuse of discretion in awarding the full value of the attorneys' time based upon standard rates in the community. Such an award is not an "enhanced fee" as argued by CNI. A party required to pay attorneys fees under a prevailing party attorney fee statute is not necessarily entitled to the benefit of a special contract between attorney and client.2
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Opinion by
KENNETH L. BUETTNER, Presiding Judge:
. T1 This is an appeal of an attorney fee award under 12 0.8.1991 § 986. We find no abuse of discretion and affirm.
1 2 Plaintiff/ Appellee Pezold, Richey, Caruso & Barker (Law Firm) represented Defendant/Appellant Cherokee Nation Industries, Inc. (CNT) as plaintiff in a breach of contract lawsuit. Law Firm began its representation of CNI under an hourly-rate agreement, but, because CNI had difficulty paying the legal bills, the parties agreed to a contingent fee for work after October 1, 1996." The case settled and Law Firm received into its trust account settlement funds totaling $1,866,137.12.
T3 Law Firm withheld from the settlement proceeds a contingent fee of $699,801.42, $52,240.50 in costs including a finance charge of $6,097.50, $88,254.75 in previously billed but unpaid hourly fees, $1,542.40 in-other charges, and $59,163.53 for outstanding billings to other Cherokee Nation entities. On January 21, 1997, Law Firm distributed to CNI the sum of $972,067.75, which included the settlement balance of $965,134.52 as well as earned interest of $6,983.28. CNI retained other counsel and objected to the distribution on January 23, 1997. The following day, Law Firm filed this declaratory judgment action. CNI counterelaimed for rescission of the contingent fee agreement, breach of contract, and conversion. On February 14, 1997, Law Firm released to CNI under protest the $59,163.53 it had withheld for billings to other Cherokee Nation entities. CNI filed a separate action in another county for fraud and misrepresentation, and that action was consolidated with the declaratory judgment action.
4 After trial, the trial court granted judgment to Law Firm, declaring Law Firm was entitled to receive its hourly fees for legal services rendered to CNI through September 30, 1996. However, the trial court reduced the amount of such fees from $88,254.75 to $54,566.90 because Law Firm had increased its hourly billing rates without notifying CNI. The trial court denied CNU's counterclaims for fraud, breach of contract, undue influence, and rescission. The Court of Civil Appeals affirmed the trial court's judgment in Case No. 98,856.
15 Law Firm moved for attorney fees pursuant to 12 0.S8.1991 § 936, asserting it was the prevailing party on "claims to recover monies owed by CNI under the parties' legal services agreement." Law Firm maintained it had "received an affirmative judgment in the amount of $54,566.90." CNI objected, arguing Law Firm did not bring an action for the recovery of monetary damages related to labor 'and services rendered, but rather, as a trustee and holder of funds, brought. an equitable action seeking a declaration of the rights of the parties and construction of their fee agreement. The trial court ruled Law Firm "sought and recovered compensation for legal services rendered," and awarded it attorney fees of $294,706.00:
16 CNI seeks review of that order, contending the trial court erred in awarding fees under § 986 because Law Firm's action was not in the nature of a collection on an established debt, but an equitable action brought to determine entitlement to un-dis-bursed trust funds. It argues Law Firm did not receive a damages judgment against CNI, but instead received an equitable declaration by the trial court determining Law Firm's rights and entitlement to the remaining funds in its trust account. CNI contends there was never a failure to pay the amounts claimed by Law Firm, and Law Firm had the money in its possession and control at all times. CNI points out the trial court had earlier ruled the paramount issues in the case were equitable, and tried the case to an advisory jury.
T7 Law Firm argues it not only sought a money judgment for unpaid fees and damages of $88,254.75 for breach of contract, but it also defended CNTs effort to have the contingent fee agreement voided. The amount at issue with respect to the contingent fee agreement was $699,801.42. It contends the recovery of attorney fees is autho[432] rized by § 986 because the underlying nature of its suit was one for labor or services.
18 Attorney fees are not available under § 936 merely because a suit involves a contract relating to labor or services; the suit must be "brought for labor and services." Russell v. Flanagan, 1975 OK 173, 544 P.2d 510, 512. A suit is brought for labor and services if "the damages arose directly from the rendition of labor or services, such as a failure to pay for those services." Burrows Const. Co. v. Indep. School Dist. No. 2 of Stephens Co., 1985 OK 57, 704 P.2d 1136, 1188. The court must look to the underlying nature of the suit to determine the applicability of § 936, Id.
19 The underlying nature of the instant case was the recovery of attorney fees. The judgment entered by the trial court included a finding that Law Firm was "entitled to recover from CNI the amount of $54,566.90 for unpaid hourly fees under the oral agreement of the parties." In addition, the trial court entered judgment in favor of Law Firm on CNI's effort to void the contingent fee agreement and recover the $699,801.42 paid thereunder. As a result, both actions come within the literal terms of § 986. The fact that the money was held in a trust account pending judicial decision is immaterial. Likewise, it is irrelevant that the action to recover for services rendered was denominated equitable rather than legal in nature.1
$10 CNI also appeals the amount of the attorneys fee award raising three issues. The first issue is that the trial court awarded fees of $200 an hour for Mr. Wohlemuth's time and $150 an hour for Mr. Ladner's time. The evidence presented by Law Firm was that these rates were fair and reasonable in the community. CNI did not dispute that fact, but argued that Law Firm should be limited by lower hourly rates previously agreed upon with the insurance company paying the fees ($110 and $100 an hour respectively).
T11 In accordance with State ex rel. Burk v. Oklahoma City, 1979 OK 115, 598 P.2d 659, the trial court initially determines hourly compensation by multiplying hours times rate. These factors are determined by evidence submitted to the court. The hourly rate is based upon standards in the local legal community. Green Bay Packaging v. Preferred Packaging, 1996 OK 121, 932 P.2d 1091, 1100. This time and labor amount may then be adjusted by other Burk factors. One of those factors is "the customary fees" in similar cases.
12 In this case, Law Firm had negotiated a reduced hourly rate with the insurance company paying its fees. While this fact may be taken into account by the trial court, there is no abuse of discretion in awarding the full value of the attorneys' time based upon standard rates in the community. Such an award is not an "enhanced fee" as argued by CNI. A party required to pay attorneys fees under a prevailing party attorney fee statute is not necessarily entitled to the benefit of a special contract between attorney and client.2
113 The second issue argued by CNI is that the trial court awarded a duplicate amount of $8,251.25 which had previously been awarded as a discovery sanction against the Cherokee Nation. However, the Cherokee Nation was not required to pay the fees because of sovereign immunity. See September 7, 2000 Opinion in Case No. 94,054. CNI does not dispute that the fees were incurred by Law Firm. The fact that Law Firm sought payment for this work from two [433] different sources is not the critical factor. There was no recovery from the Cherokee Nation:; so there was no abuse of discretion in including this work in the award to Law Firm.
114 The third argument is that the $294,706.00 fee award was disproportionate to the amount in controversy. The initial claim by Law Firm was for $88,256.75. CNI counterclaimed and put in issue the $699,801.42 contingent fee. It is the underlying nature of the suit that determines whether § 986 is applicable. Burrows Construction Co. v. Independent School District, 1985 OK 57, 704 P.2d 1136, 1137. The underlying issue in this case was how much CNI owed Law Firm for its legal services. The claims directly related to the rendition of labor or services: the failure to pay for the services and the effort to recover money paid for services. Under these facts, § 986 applied to the entire proceeding.
1 15 We do not find that an attorney fee of $292,949.50 is so disproportionate to the total amount in controversy, $788,058.17, or the results obtained, $754,868.32, to result in an abuse of discretion.
16 The trial court had before it evidence relating to the relevant Burk factors. CNI has failed to demonstrate an abuse of discretion by the trial court. The award of attorneys fees is AFFIRMED.
€ 17 GARRETT, J., concurs.
18 HANSEN, C.J., dissents with separate opinion.