§ RULE 73 ATTORNEY FEES

RULE 73. ATTORNEY FEES

(a) When attorney fees are authorized by contract or by law, a request for attorney fees shall be supported by affidavit or testimony unless the party claims attorney fees in accordance with the schedule in subsection (d) or in accordance with Utah Code Section 75-3-718 and no objection to the fee has been made.

(b) An affidavit supporting a request for or augmentation of attorney fees shall set forth:

(b)(1) the basis for the award;

(b)(2) a reasonably detailed description of the time spent and work performed, including for each item of work the name, position (such as attorney, paralegal, administrative assistant, etc.) and hourly rate of the persons who performed the work;

(b)(3) factors showing the reasonableness of the fees;

(b)(4) the amount of attorney fees previously awarded; and

(b)(5) if the affidavit is in support of attorney fees for services rendered to an assignee or a debt collector, the terms of any agreement for sharing the fee and a statement that the attorney is not sharing the fee or any portion thereof in violation of Rule of Professional Conduct 5.4.

(c) If a party requests attorney fees in accordance with the schedule in subsection (d), the party's complaint shall state the basis for attorney fees, state the amount of attorney fees allowed by the schedule, cite the law or attach a copy of the contract authorizing the award, and, if the attorney fees are for services rendered to an assignee or a debt collector, a statement that the attorney will not share the fee or any portion thereof in violation of Rule of Professional Conduct 5.4.

(d) Attorney fees awarded under the schedule may be augmented only for considerable additional efforts in collecting or defending the judgment and only after further order of the court.

                Amount of Damages, Exclusive
    of Costs, Attorney Fees and
                     Post-Judgment Interest,                                                                              Attorney Fees

Between and: Allowed

0.00 1,500.00 250.00

1,500.01 2,000.00 325.00

2,000.01 2,500.00 400.00

2,500.01 3,000.00 475.00

3,000.01 3,500.00 550.00

3,500.01 4,000.00 625.00

4,000.01 4,500.00 700.00

4,500.01 or more 775.00