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Arizona's Attorney Fee-Shifting Statute and Business Contract Disputes

October 29, 2009 | Posted in : Article / Book, Billing Practices, Fee Award, Fee Award Factors, Fee Entitlement / Recoverability, Fee Request, Fee Shifting, Prevailing Party Issues


In an article, Andrew F. Halaby of Snell & Wilmer in Phoenix explores the issues and factors that affect decision making in breach of contract lawsuits in terms of attorneys' fees. His article, "Arizona's Fee-Shifting Statute for Contract Cases May Make a Big Difference in Resolving Your Business Disputes" concludes, "Keep in mind that, should your dispute ripen into a real lawsuit, some version of your lawyer's billing statements almost certainly will have to be submitted to the opposing party and the court in connection with any fee application down the road. Your lawyer should assume that the opposing party will seize on any glitch in the presentation of work done, or time spend to argue that some or all of the fee request is not "reasonable".