H-4159              _______________________________________________

 

                                                   HOUSE BILL NO. 1793

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Armstrong, McMullen and Crane

 

 

Read first time 1/23/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to court approval of plaintiff and defendant attorney fees; amending RCW 4.84.010; and adding a new section to chapter 4.84 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 367, page 201, Laws of 1854 as last amended by section 92, chapter 258, Laws of 1984 and RCW 4.84.010 are each amended to read as follows:

          Except as otherwise provided for in section 2 of this 1986 act, the measure and mode of compensation of attorneys and counselors, shall be left to the agreement, expressed or implied, of the parties, but there shall be allowed to the prevailing party upon the judgment certain sums by way of indemnity for the prevailing party's expenses in the action, which allowances are termed costs, including, in addition to costs otherwise authorized by law, the following expenses:

          (1)  Filing fees;

          (2)  Fees for the service of process;

          (3)  Fees for service by publication;

          (4)  Notary fees, but only to the extent the fees are for services that are expressly required by law and only to the extent they represent actual costs incurred by the prevailing party;

          (5)  Reasonable expenses, exclusive of attorneys' fees, incurred in obtaining reports and records, which are admitted into evidence at trial or in mandatory arbitration in superior or district court, including but not limited to medical records, tax records, personnel records, insurance reports, employment and wage records, police reports, school records, bank records, and legal files;

          (6)  Statutory attorney and witness fees; and

          (7)  To the extent that the court or arbitrator finds that it was necessary to achieve the successful result, the reasonable expense of the transcription of depositions used at trial or at the mandatory arbitration hearing:  PROVIDED, That the expenses of depositions shall be allowed on a pro rata basis for those portions of the depositions introduced into evidence or used for purposes of impeachment.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

          (1) Except as provided in subsection (2) of this section, in any civil action for damages based on personal injuries or wrongful death, compensation for reasonable attorney's fees to be paid by each litigant in the action shall be approved by the court before entry of judgment after trial or before approval of a settlement.

          (2) If an attorney for any litigant is a salaried employee of the litigant, the attorney's fees for that party shall not be subject to review by the court.

          (3) The factors to be considered in determining the reasonableness of a fee include, but are not limited to, the following:

          (a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

          (b) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

          (c) The fee customarily charged in the locality for similar legal services;

          (d) The amount involved and the results obtained;

          (e) The time limitations imposed by the client or by the circumstances;

          (f) The nature and length of the professional relationship with the client;

          (g) The experience, reputation, and ability of the lawyer or lawyers performing the services; and

          (h) Whether the fee is fixed or contingent.