1. The compensation of an attorney and counselor for his or her services is governed by agreement, express or implied, which is not restrained by law.
2. In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:
(a) When the prevailing party has not recovered more than $20,000; or
(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney’s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.
3. In awarding attorney’s fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.
4. Subsections 2 and 3 do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney’s fees.
[1911 CPA § 434; A 1951, 59]—(NRS A 1957, 129; 1967, 1254; 1969, 435, 667; 1971, 165, 802; 1975, 309; 1977, 774; 1985, 327; 1999, 903; 2003, 3478)
Structure Nevada Revised Statutes
Chapter 18 - Costs and Disbursements
NRS 18.010 - Award of attorney’s fees.
NRS 18.015 - Lien for attorney’s fees: Amount; perfection; enforcement.
NRS 18.020 - Cases in which costs allowed prevailing party.
NRS 18.030 - Costs and disbursements in actions where defendants might have been joined.
NRS 18.050 - Discretion of court in allowing costs.
NRS 18.060 - Costs of appeal to Court of Appeals or Supreme Court; discretion of court.
NRS 18.070 - Payment of costs on postponement; costs and attorney’s fees on mistrial.
NRS 18.080 - Effect of tender in action for recovery of money.
NRS 18.090 - Costs in actions by or against executors and trustees.
NRS 18.120 - Interest and costs must be included by clerk in judgment.
NRS 18.140 - Plaintiffs for whom bond or undertaking not required.
NRS 18.150 - Payment of costs and attorney’s fees when State or county is a party.
NRS 18.160 - Costs allowed judgment creditor; memorandum of costs; motion to tax.
NRS 18.170 - Notice of motion for order allowing costs and necessary disbursements; order.
NRS 18.180 - Entry of amount of costs on margin of judgment.