Attorneys Fees
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Statutes
"The prevailing party in a civil case shall be awarded attorney's fees calculated under Rule 82.
The court shall adhere to the schedule in Rule 82 in fixing the award of attorney's fees to a party recovering a money judgment in a case.
In cases in which the prevailing party recovers no money judgment, the court shall award the prevailing party in a case which goes to trial 30 percent of the prevailing party's reasonable actual attorney's fees which were necessarily incurred, and shall award the prevailing party in a case resolved without trial 20 percent of its actual attorney's fees which were necessarily incurred. The actual fees shall include fees for legal work customarily performed by an attorney but which was delegated to and performed by an investigator, paralegal or law clerk. (Alaska R. Civ. P. 82)
In an action in which the lessee claims unconscionability with respect to a consumer lease if the court finds unconscionability the court shall award reasonable attorney fees to the lessee; if the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney fees to the party against whom the claim is made. (Rule 82 does not apply under these circumstances) (AS 45.12.108)"
The court shall adhere to the schedule in Rule 82 in fixing the award of attorney's fees to a party recovering a money judgment in a case.
In cases in which the prevailing party recovers no money judgment, the court shall award the prevailing party in a case which goes to trial 30 percent of the prevailing party's reasonable actual attorney's fees which were necessarily incurred, and shall award the prevailing party in a case resolved without trial 20 percent of its actual attorney's fees which were necessarily incurred. The actual fees shall include fees for legal work customarily performed by an attorney but which was delegated to and performed by an investigator, paralegal or law clerk. (Alaska R. Civ. P. 82)
In an action in which the lessee claims unconscionability with respect to a consumer lease if the court finds unconscionability the court shall award reasonable attorney fees to the lessee; if the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney fees to the party against whom the claim is made. (Rule 82 does not apply under these circumstances) (AS 45.12.108)"
Cases
Comments
Rule 82 does not apply to post-judgment appeals, or to attorneys’ fees incurred for post-judgment execution proceedings, or to fees incurred by the creditor in bankruptcy proceedings of the judgment debtor. Torrey v. Hamilton, 872 P.2d 186, 188 (Alaska 1994).
Contributors
Michael J. Parise, Esq.
The statutory information was edited and reviewed with the support of MultiState
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