JSH Reporter Fall 2014 - Page 22

AWARDS OF ATTORNEYS’ FEES: HOW TO DETERMINE WHETHER YOUR CASE “ARISES OUT OF CONTRACT” UNDER ARIZONA’S FEE STATUTE “[I]T IS VERY IMPORTANT TO PERFORM A FACT-BASED ANALYSIS OF YOUR CASE BEFORE MEDIATION OR TRIAL TO DETERMINE WHETHER THE COURT IS LIKELY TO AWARD ATTORNEY FEES TO THE PREVAILING PARTY.”