§ 4.24.005 Tort actions--Attorneys' fees--Determination of reasonableness

4.24.005. Tort actions--Attorneys' fees--Determination of reasonableness

    Any party charged with the payment of attorney's fees in any tort action may petition the court not later than forty-five days of receipt of a final billing or accounting for a determination of the reasonableness of that party's attorneys' fees. The court shall make such a determination and shall take into consideration the following:

    (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

    (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

    (3) The fee customarily charged in the locality for similar legal services;

    (4) The amount involved and the results obtained;

    (5) The time limitations imposed by the client or by the circumstances;

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

    (7) The experience, reputation, and ability of the lawyer or lawyers performing the services;

    (8) Whether the fee is fixed or contingent;

    (9) Whether the fixed or contingent fee agreement was in writing and whether the client was aware of his or her right to petition the court under this section;

    (10) The terms of the fee agreement.