West Virginia § 46A-5-104 Attorneyâs fees

West Virginia Statutes

§ 46A-5-104 — Attorneyâs fees

West Virginia § 46A-5-104

Ch. 46AWEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT

Art. 5CIVIL LIABILITY AND CRIMINAL PENALTIES

This text of West Virginia § 46A-5-104 (Attorneyâs fees) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46A-5-104 (2026).

Text

(a)Except as provided in §46A-5-108 and §46A-5-109 of this code, in any cause of action brought under this chapter, the court may award reasonable attorney’s fees and expenses to the consumer upon examination of the following factors:

(1)The time and labor required;

(2)The novelty and difficulty of the questions;

(3)The skill requisite to perform the legal service properly;

(4)Preclusion of other employment by the attorney due to acceptance of the case;

(5)The customary fee;

(6)Whether the fee is fixed or contingent;

(7)Time limitations imposed by the client or the circumstances;

(8)The amount involved and the amount of the judgment and any nonmonetary relief obtained;

(9)The experience, reputation, and ability of the attorneys;

(10)The undesirability of the case; (11

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(a) Except as provided in §46A-5-108 and §46A-5-109 of this code, in any cause of action brought under this chapter, the court may award reasonable attorney’s fees and expenses to the consumer upon examination of the following factors:

(1) The time and labor required;

(2) The novelty and difficulty of the questions;

(3) The skill requisite to perform the legal service properly;

(4) Preclusion of other employment by the attorney due to acceptance of the case;

(5) The customary fee;

(6) Whether the fee is fixed or contingent;

(7) Time limitations imposed by the client or the circumstances;

(8) The amount involved and the amount of the judgment and any nonmonetary relief obtained;

(9) The experience, reputation, and ability of the attorneys;

(10) The undesirability of the case;

(11) The nature and length of the professional relationship with the client; and

(12) Awards in similar cases.

(b) Upon a finding by the court that a claim brought under this chapter was brought in bad faith and for the purposes of harassment, the court may award reasonable attorney’s fees and expenses to the defendant under an analysis of the factors set forth in subsection (a) of this section.