12-350. Determination of award; reasons;
factors


In awarding attorney fees pursuant to section 12-349, the court shall set forth the
specific reasons for the award and may include the following factors, as relevant, in its
consideration:


1. The extent of any effort made to determine the validity of a claim before the
claim was asserted.


2. The extent of any effort made after the commencement of an action to reduce the
number of claims or defenses being asserted or to dismiss claims or defenses found not to
be valid.


3. The availability of facts to assist a party in determining the validity of a
claim or defense.


4. The relative financial positions of the parties involved.


5. Whether the action was prosecuted or defended, in whole or in part, in bad
faith.


6. Whether issues of fact determinative of the validity of a party's claim or
defense were reasonably in conflict.


7. The extent to which the party prevailed with respect to the amount and number of
claims in controversy.


8. The amount and conditions of any offer of judgment or settlement as related to
the amount and conditions of the ultimate relief granted by the court.