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:

Terms Used In Washington Code 4.24.005

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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.

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.
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