Rule 2-703.Attorneys’ fees allowed by law

This rule governs fee claims allowed by law — typically a fee-shifting statute, though it also reaches common-law and rule-based fee claims not already carved out under Rule 2-702(b). A party seeking fees under this rule must raise the claim in its initial pleading, or in an amended pleading filed promptly once the grounds for the claim arise. Once such a claim is on the table, the court holds a scheduling conference and, through its scheduling order, decides three things: whether to require enhanced documentation or quarterly billing statements, whether fee evidence should come in during the parties’ case-in-chief on the underlying claim or wait until after a verdict or finding, and whether any eventual fee award will be folded into the judgment on the underlying claim or entered as a separate judgment.

For cases likely to generate a substantial fee claim over a long stretch of litigation, the court can order enhanced procedures: specific time-keeping requirements, quarterly statements to the opposing side showing hours worked and their value, use of the chapter’s fee guidelines appendix, and a tailored schedule for presenting evidence and argument. When it comes time to decide the claim, a jury verdict or court finding that doesn’t permit a fee award ends the matter — the court denies the award in its judgment. If an award is permitted but not required, the court decides whether to make one; if permitted or required, the court applies twelve factors to set the amount: time and labor required, novelty and difficulty of the questions, skill required, whether taking the case precluded other work, the customary fee for similar work, whether the fee is fixed or contingent, any time limits imposed, the amount involved and results obtained, the attorney’s experience, reputation, and ability, the undesirability of the case, the length of the professional relationship with the client, and awards made in similar cases. Whatever the court decides, it must explain the basis for granting or denying the award on the record or in a written memorandum.