§ Rule 1.275. Attorney's fees

Rule 1.275. Attorney's fees

1.275(1) Attorney's fees for representing a class are subject to control of the court.

1.275(2) If under an applicable provision of law a defendant or defendant class is entitled to attorney's fees from a plaintiff class, only representative parties and those members of the class who have appeared individually are liable for those fees. If a plaintiff is entitled to attorney's fees from a defendant class, the court may apportion the fees among the members of the class.

1.275(3) If a prevailing class recovers a judgment for money or other award that can be divided for the purpose, the court may order reasonable attorney's fees and litigation expenses of the class to be paid from the recovery.

1.275(4) If the prevailing class is entitled to declaratory or equitable relief, the court may order the adverse party to pay to the class its reasonable attorney's fees and litigation expenses, if permitted by law in similar cases not involving a class, or the court finds that the judgment has vindicated an important public interest. However, if any monetary award is also recovered, the court may allow reasonable attorney's fees and litigation expenses only to the extent that a reasonable proportion of that award is insufficient to defray the fees and expenses.

1.275(5) In determining the amount of attorney's fees for a prevailing class, the court shall consider all of the following factors:

a. The time and effort expended by the attorney in the litigation, including the nature, extent, and quality of the services rendered.

b. Results achieved and benefits conferred upon the class.

c. The magnitude, complexity, and uniqueness of the litigation.

d. The contingent nature of success.

e. In cases awarding attorney's fees and litigation expenses under rule 1.275(4) because of the vindication of an important public interest, the economic impact on the party against whom the award is made.

f. Appropriate criteria in the Iowa Rules of Professional Conduct.