Idaho law on Shifting Attorney’s Fees

A comprehensive guide on the shifting of attorney’s fees and costs was written by Ingrid Batey entitled, Attorney Fee Awards in Idaho: A Handbook.

When Attorney’s Fees can be Shifted

1. Where allowed by a contract.
2. By statute

  1. Commercial Transactions: Idaho Code 12-120(3).
  2. Amount pleaded is less than $35,000. IC 12-120(1).  Defendant must be given not less than 10 days notice to pay prior to commencing an action.
  3. Lien Foreclosure. IC 45-513.
  4. Insurance Unfair Claims Practices. IC 41-1839(4).
  5. Consumer Protection Claims. IC 48-608(5).

3. By Court Rule (in situations of abuse or misconduct–ex: sanctions).
4. Common Law

  1. Private Attorney General Doctrine
  2. Condemnation Proceedings

Moving for attorney’s fees and costs

A request for attorney’s fees and costs must be submitted within 14 days of a judgment. The memorandum in support should include all factors set forth in IRCP 54(e)(3).