§ 13-17-103 — Procedure for determining reasonable fee - judicial discretion

(1) In determining the amount of an attorney fee or licensed legal paraprofessional
fee award, the court shall exercise sound discretion. When granting an award of
attorney fees or licensed legal paraprofessional fees, the court shall specifically
set forth the reasons for the award and must consider the following factors, among
others, in determining whether to assess attorney fees or licensed legal
paraprofessional fees and the amount of fees to be assessed against any offending
attorney, licensed legal paraprofessional, or party:

(a) The extent of any effort made to determine the validity of any action or
claim before said action or claim was asserted;

(b) The extent of any effort made after the commencement of an action to
reduce the number of claims or defenses being asserted or to dismiss claims or
defenses found not to be valid within an action;

(c) The availability of facts to assist a party in determining the validity of a
claim or defense;

(d) The relative financial positions of the parties involved;

(e) Whether or not the action was prosecuted or defended, in whole or in
part, in bad faith;

(f) Whether or not issues of fact determinative of the validity of a party's
claim or defense were reasonably in conflict;

(g) The extent to which the party prevailed with respect to the amount of and
number of claims in controversy;

(h) The amount and conditions of any offer of judgment or settlement as
related to the amount and conditions of the ultimate relief granted by the court.

Legislative History

Source: L. 77: Entire article added, p. 797, � 2, effective July 1. L. 84: Entire section R&RE, p. 461, � 3, effective July 1. L. 2024: IP(1) amended, (HB 24-1291), ch. 131, p. 467, � 6, effective August 7.