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22 Advocate 1 (1979)

handle is hein.barjournals/adisb0022 and id is 1 raw text is: Vol. 22, No. 1                           Boise, Idaho                            January, 1979

NEW EXECUTIVE COURT CLARIFIES
DIRECTOR NAMED COMMENT - Section 12-121

Sam F. Seever

The Board of Commissioners of the Idaho
State Bar announced the appointment of Sam
F. Seever of Tulsa, Oklahoma as Executive
Director of the Idaho State Bar, effective
February 1. Seever, 3, Is a former practicing
attorney and Is currently employed as Execu-
tive Director of Public Relations for the United
States Jaycees.
In his capacity as Executive Director, he
will be responsible for supervising the activ-
Ities of the Idaho State Bar staff and for im-
plementing the policies and programs of the
Board of Commissioners. In addition, he also
will serve the Idaho Law Foundation in the
same capacity.
Seever Is a 1967 graduate of Nebraska
Wesleyan University and received his juris
doctor degree from the University of Nebraska
College of Law In 1970. In his current capacity
with the Jaycees he has been responsible for
planning and Implementing the public rela-
tions and communications programs for the
380,000-member national organization.
Seever and his wife Audrey have two chil-
dren, Tyler, two and Benjamin, two months.
The Board of Commissioners noted that
they received a large number of applications
for the position of Executive Director of the
Idaho State Bar. Applications were received
from those living in a number of states as well
as a number of Idaho residents. The appli-
cants reflected a broad range of training and
background ranging from persons presently
employed In Bar administration to practicing
attorneys. The Board of Commissioners was
very Impressed by the calibre of the applica-
tions submitted.

ATTORNEYS FEES: DEAD,
DYING OR CONFINED?
By Iver J. Longeteig, Co-Editor
Elsewhere on this page begins the full text
of a new rule to be added to the I.R.C.P. on
March 1 as 54(e). If you haven't already read
the same, do so now and then return to this
comment.
Section 12-121 was added to the Idaho
Code In 1976, presumably at the behest of a
legislator who found himself In the common,
If unenviable, position of winning a lawsuit
and paying substantial attorneys fees for the
privilege.
In this Imaginary scenario, his oversimpli.
fled reaction was to draft, Introduce and
secure passage of a provision which says, In
pertinent part, the judge may award reason.
able attorneys fees to the prevailing party.
Having thus accounted for Its birth, the life
of Section 12-121 Is rather less easily traced. It
had an outward and visible Immediate effect
of the addition of a prayer for relief, couched
In its terms, to every complaint and answer
filed.
The applisatlon of the statute throughout
the seven judicial districts, however, has ex-
actly paralleled Dibble's First Law of Sociology
- Some do, some don't.
This Inability to predict the whether, let
alone the how much, has been a constant
burr under the lawyer's saddle. For this
reason alone, the new Rule 54(e) should be
welcomed by the practitioner, for there Is
some justice to be found in simple order.
Unfortunately, there would appear to be
some remaining chuckholes in the road of Ir.
gation. I he new Rule 54(e) does make it plain
(Continued on Page 2)
REMINDER
Final Notice of 1979 Annual License fees
which were due January 1, 1979, will be
mailed shortly. Deadline for payment of
these license fees is February 28. Fees
received after Feb. 28 are subject to 20%
penalty as provided In Rule 169(a).

12-121 AWARDS
IN THE SUPREME COURT
OF THE STATE OF IDAHO
IN RE: AMENDING THE IDAHO RULES BY
ADDING A NEW RULE REGARDING THE
AWARD OF ATTORNEY FEES TO BE KNOWN
AS RULE 54(e) OF THE IDAHO RULES OF
CIVIL PROCEDURE.
ORDER
IT IS HEREBY ORDERED that the Idaho
Rules of Civil Procedure be and the same are
hereby amended by adding a new rule thereto,
to be known as Rule 54(e), I.R.C.P., to read as
follows:
Rule 54(e) (1). Attomey Fees. - In any civil
action the court may award reasonable attor-
ney fees to the prevailing party or parties as
defined In Rule 54(d) (1) (B), when provided for
by any statute or contract. Provided, attorney
fees under Section 12-121, Idaho Code, may
be awarded by the court only when It finds,
from the facts presented to It, that the case
was brought, pursued or defended frivolously,
unreasonably or without foundation; but attor-
ney fees shall not be awarded pursuant to
Section 12-121, Idaho Code, on a default
judgment.
Rule 54(e) (2). Findings. - Whenever the
court awards attorney fees pursuant to Sec-
tion 12-121, Idaho Code, It shall make a written
finding, either In the award or In a separate
document, as to the basis and reasons for
a,'arding such attorney fees.
Rule 54(e) (3). Amount of Attorney Fees. - In
the event the court grants attorney fees to a
party or parties In a civil action it shall con-
sider the following factors In determining the
amount of such fees:
(A) The time and labor required.
(B) Tnle novelty and difficulty of the ques-
tions.
,IC) he skill requisite to perform the legal
service properly and the experience and ability
of the attorney In the particular field of law.
(D) The prevailing charges for like work.
(E) Whether the fee is fixed or contingent.
(F) The time limitations Imposed by the
client or the circumstances of the case.
(G)The amount Involved and the results
obtained.
(Continued on Page 2)

NORTHIWEST[11',, ,

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