Attorneys’ Fees

"In any action where the amount pleaded is thirty-five thousand dollars or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney's fees. For the plaintiff to be awarded attorney's fees, for the prosecution of the action, written demand for the payment of such claim must have been made on the defendant not less than ten days before the commencement of the action. In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney's fee to be set by the court, to be taxed and collected as costs. (I.C. § 12-120)

A secured party shall apply or pay over for application the cash proceeds of collection or enforcement to the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party. (I.C. § 28-9-608)"

Idaho follows the “American Rule” with regard to attorneys’ fees, which provides that each party to a lawsuit ordinarily bears its own attorneys’ fees unless there is a contractual or applicable statutory provision authorizing an award of fees. Rammell v. State, 154 Idaho 669, 667, 302 P.3d 9, 17 (2012).