78B-6-908 - Attorney fees.
78B-6-908. Attorney fees.
(1) In all cases of foreclosure when an attorney's fee is claimed by the plaintiff, theamount shall be fixed by the court. No other or greater amount shall be allowed or decreed thanthe sum which shall appear by the evidence to be actually charged by and to be paid to theattorney for the plaintiff.
(2) If it shall appear that there is an agreement or understanding to divide the feesbetween the plaintiff and his attorney, or between the attorney and any other person except anattorney associated with him in the cause, the defendant shall only be ordered to pay the amountto be retained by the attorney or attorneys.
Renumbered and Amended by Chapter 3, 2008 General Session