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Article for CLE Credit: Drafting Attorney Fees Orders to Withstand an Appeal to the Nevada Supreme Court

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Test 23
1 HOUR CLE CREDIT
ANSWER THE FOLLOWING QUESTIONS
Respond to each of the following statements with “True” or “False.”
1. The Brunzell factors are mandatory and must be considered in every award of attorney fees. 7. A district court’s consideration of the Beattie/ Yamaha factors is mandatory in all orders granting attorney fees.
2.
The Brunzell factors must be reflected within the written order granting attorney fees.
3.
A written order that does not state the basis for which attorney fees are granted is always void.
8. When there are multiple possible legal grounds for an award of attorney fees, a district court abuses its discretion when it does not state a basis for an award of attorney fees.
4.
If the Beattie/Yamaha factors are weighed by the district court, but not reflected within the written order granting attorney fees, the Supreme Court is permitted to review the record to affirm the award of fees on the basis of these factors.
9. A district court judge always has the discretion to determine the reasonableness of the amount of requested attorney fees.
5.
Orders denying a request for attorney fees must always provide a reason for the denial.
10. When a district court considers the Beattie/ Yamaha factors for an award of attorney fees based upon an offer of judgment, the district court is excused from considering the Brunzell factors.
6.
The Yamaha factor is only applicable when the offer of judgment is the basis for the award of attorney fees and the defendant is the prevailing offeror.
CERTIFICATION: This self-study activity has been approved for one hour of continuing legal education credit by the Nevada Board of Continuing Legal Education.
THREE EASY STEPS TO CLE CREDIT – $40
TEST #23 DRAFTING ATTORNEY FEES ORDERS
1) Read the article on pages 16-17 2) Answer the quiz questions above. Each question has only one correct answer. 3) Mail completed form and a $40 processing fee to: STATE BAR OF NEVADA
P .O. BOX 50 LAS VEGAS, NV 89125-0500 or fax to: (702) 405-5680
Make checks payable to the State Bar of Nevada.
Name Law Firm/Organization Address State/ZIP NV Bar Number (Required) T Check Enclosed OR Please bill my: Card #: Signature:
Articles for CLE credit are valid up to the end of the third calendar year after publication or until a rule change renders the article outdated, whichever is comes first.
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