Prevailing Party Standard

This refers to a standard for award attorney’s fees to the successful party in a case. Generally, this standard only comes into play in breach of contract cases where a prevailing party provision is written into the Agreement. Family courts, though, employ a different standard for awarding attorney’s fees. The most common approach is from A.R.S. 25-324, which allows a Court to award fees based either on disparity of income or because one party took unreasonable positions.