(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.
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.
13-17-104. Fee arrangements between attorney or licensed legal paraprofessional and client. The attorney or licensed legal paraprofessional and the client are free to negotiate in private the actual fee that the client is to pay the client's attorney or licensed legal paraprofessional.
Source: L. 77: Entire article added, p. 798, � 2, effective July 1. L. 2024: Entire section amended, (HB 24-1291), ch. 131, p. 467, � 7, effective August 7.