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

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.

[1987 c 212 § 1601; 1986 c 305 § 201.]

Notes: Application -- 1987 c 212 § 1601: "Section 1601 of this act applies to agreements for attorneys' fees entered into after April 29, 1987." [1987 c 212 § 1602.]

Application -- 1986 c 305 § 201: "Section 201 of this act applies to agreements for attorney's fees entered into after June 11, 1986." [1986 c 305 § 202.]

Preamble -- Report to legislature -- Severability -- 1986 c 305: See notes following RCW 4.16.160.