Business Lawyer in Arizona

A Bargain for Justice:
Having the Other Side Pay
your Attorney's Fees

The other day, my family and I picked up some fast food on our way home from an outing. Despite knowing better, my wife and I failed to verify at the drive thru that the food we ordered was the same as the food placed in the bag. Several miles later, we opened the bag and realized we did not receive everything we paid for. We were entitled to the food we had purchased, but we decided not to return to the restaurant because it simply was not worth our time and effort (not to mention gasoline) to claim what was rightfully ours.

On a larger scale, companies and individuals often feel forced to make similar decisions when something much more valuable than a fast-food item is at stake. Even though one may have a valid and rightful legal claim against another party, the potential costs of taking legal action seemingly make the pursuit of justice a poor economic decision. Fortunately for the successful litigant, help is often available in the form of an award of attorneys' fees.

In many cases, Arizona courts have the power to order one party to pay the attorneys' fees of the other party. For example, a court may award attorneys' fees to the winning party in actions arising out of contract. In determining whether an award of attorneys' is appropriate in a contract case, courts consider such factors as the novelty of the claims or defenses, whether the litigation could have been avoided, and whether an assessment of attorneys' fees will result in an extreme hardship to the losing party. Though courts have great discretion in this area, they commonly award attorneys' fees to the prevailing party, thus alleviating the burden of litigation for those seeking to protect their contract rights.

Under another statute, quoted below, a court may assess attorneys' fees against a party who does any of the following:

1. Brings or defends a claim without substantial justification.
2. Brings or defends a claim solely or primarily for delay or harassment.
3. Unreasonably expands or delays the proceeding.
4. Engages in abuse of discovery.

Other instances where attorneys' fees are available are cases where the losing party's claims or defenses constitute harassment, are groundless, and are not made in good faith. If a court finds that these facts exist, it is required by statute to award reasonable attorneys' fees to the prevailing party.

The availability of attorneys' fees is crucial to the purposes of justice, considering the costs involved in litigation. A person paying more money to an attorney than he or she receives in an award for damages cannot truly be called a "winner." Likewise, a defendant who successfully defends his or her position in court may have to spend thousands of dollars to do so. Certainly every case involves risks, including time and money, and there are no guarantees of success. But the knowledge that attorneys' fees may be available might help those deciding whether to pursue litigation. By consulting an attorney, one can learn whether an award for attorneys' fees in his or her case is likely available.

Our litigation and business lawyers are available to assist you with whatever situation you are facing, please call (480) 833-1113 to schedule an appointment.