Legal Question in Business Law in Nevada

Re: what are the limitations

If the company has already retained counsel, why is your manager not asking this question of the attorney working on the case in your behalf? Mr. Malikowski provided the relevant statute that governs the court's decision, but recognize that it is not automatic, and the company's hired attorney will have to file a motion asking for an award of fees and costs after your company prevails in the litigation. He can reinforce the argument for full payment of the fees and costs by the suing party if an "offer of judgment" is served and refused by the Plaintiff. If your case has to go to trial and the company beats their offer (the Plaintiff gets nothing or, at least, less than offered in settlement), the award of costs and fees becomes mandatory (within certain limitations). Your manager needs to discuss these details with the company's retained attorney.

Re: what are the limitations

Revised in 2003, NRS 18.010, governing an award of attorney�s fees, provides:

1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law.

2. In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney�s fees to a prevailing party:

(a) When he has not recovered more than $20,000; or

(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney�s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney�s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.

3. In awarding attorney�s fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.

4. Subsections 2 and 3 do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney�s fees.

http://www.leg.state.nv.us/NRS/NRS-018.html#NRS018Sec010