What is the test for determining reasonable attorney fees in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Tyson v. Wells Fargo Bank N.A., CASE NO. 12-cv-593-MMA (WMc) (S.D. Cal. 2012):

In calculating reasonable attorney fees, courts consider the following factors: (1) the time and labor required, (2) the novelty and difficulty of the questions involved, (3) the skill necessary to perform the legal services properly, (4) the 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 circumstances, (8) the amount involved and the results obtained, (9) the experience, reputation and ability of the attorneys, (10) the "undesirability" of the case, (11) the nature and length of the professional relations with the client, and (12) awards in similar cases. LaFarge, 791 F. 2d at 1341-42. "The matter of reasonableness of attorney's fees is within the sound discretion of the trial judge." Stokus v. Marsh, 217 Cal.App.3d 647, 656, 266 Cal. Rptr. 90 (1990).

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