2022 West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 5. Civil Liability and Criminal Penalties
§46A-5-104. Attorney S Fees

Universal Citation: WV Code § 46A-5-104 (2022)

(a) Except as provided in 46A-5-108 and 46A-5-109 of this code, in any cause of action brought under this chapter, the court may award reasonable attorneys fees and expenses to the consumer upon examination of the following factors:

(1) The time and labor required;

(2) The novelty and difficulty of the questions;

(3) The skill requisite to perform the legal service properly;

(4) Preclusion of other employment by the attorney due to acceptance of the case;

(5) The customary fee;

(6) Whether the fee is fixed or contingent;

(7) Time limitations imposed by the client or the circumstances;

(8) The amount involved and the amount of the judgment and any nonmonetary relief obtained;

(9) The experience, reputation, and ability of the attorneys;

(10) The undesirability of the case;

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

(12) Awards in similar cases.

(b) Upon a finding by the court that a claim brought under this chapter was brought in bad faith and for the purposes of harassment, the court may award reasonable attorneys fees and expenses to the defendant under an analysis of the factors set forth in subsection (a) of this section.

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