§ 44A-35. Attorneys' fees. - North Carolina Statutes

§44A‑35.  Attorneys' fees.

In any suit brought ordefended under the provisions of Article 2 or Article 3 of this Chapter, thepresiding judge may allow a reasonable attorneys' fee to the attorneyrepresenting the prevailing party. This attorneys' fee is to be taxed as partof the court costs and be payable by the losing party upon a finding that therewas an unreasonable refusal by the losing party to fully resolve the matterwhich constituted the basis of the suit or the basis of the defense. For purposesof this section, "prevailing party" is a party plaintiff or thirdparty plaintiff who obtains a judgment of at least fifty percent (50%) of themonetary amount sought in a claim or is a party defendant or third partydefendant against whom a claim is asserted which results in a judgment of lessthan fifty percent (50%) of the amount sought in the claim defended.Notwithstanding the foregoing, in the event an offer of judgment is served inaccordance with G.S. 1A‑1, Rule 68, a "prevailing party" is anofferee who obtains judgment in an amount more favorable than the last offer oris an offeror against whom judgment is rendered in an amount less favorablethan the last offer. (1991 (Reg. Sess., 1992), c. 1010, s. 3; 1993 (Reg.Sess., 1994), c. 763, s. 1.)