LR3-208 NMRA
Local Rule LR3-208. Attorney fees.
In all proceedings in which a party is entitled to recover attorney fees, whether by
reason of a statutory right or by contract, the following guidelines will be applicable:
A. Fees up to $1,000.00. A party may recover one-third of the first three thousand
dollars ($3,000.00) for which a judgment is entered.
B. Fees between $1,000.00 and $2,500.00. Where the fee requested is between
one thousand dollars ($1,000.00) and two thousand five hundred dollars ($2,500.00), it
shall be sufficient for the applying attorney to accompany the request with a letter not
exceeding one (1) page explaining why the amount requested is reasonable under the
circumstances.
C. Fees in excess of $2,500.00. Where a request is made for a fee of more than
two thousand five hundred dollars ($2,500.00), the request shall be supported by a
written statement signed by the attorney, containing, at a minimum, the following:
(1)
the time expended by the attorney;
(2)
the extent to which the issues were contested;
(3)
the novelty and complexity of the issues involved;
(4)
the experience, in years of practice, that the attorney has;
(5)
the amount involved, expressed monetarily or by a general description if
the issues involve matters other than a money demand;
(6)
in debt collection cases, the type of security held and the estimated
amount of the judgment that can be collected from the foreclosure sale or, if the debt is
unsecured, so state;
(7)
unless the judgment will be collected from a foreclosure sale, an estimate
of the approximate time anticipated to be involved in collection of the judgment; and
(8)
the amount that the attorney believes would be a reasonable attorney fee.
D. Factors considered by court. The court will consider the relative success of the
party requesting the attorney fees; the ability, experience, skill, and reputation of the
attorney; and the fees generally charged in this locality for similar legal services.
E. Reasonableness. In all events, the fee awarded, whether based on percentage
or on consideration of the foregoing factors and whether resulting from a contested or a
default proceeding, may be increased or decreased so that the fees will be reasonable.