Generally revise attorney fee awards

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69th Legislature 2025 SB 39
- 1 - Authorized Print Version – SB 39
ENROLLED BILL
AN ACT REVISING THE AWARD OF ATTORNEY FEES IN CIVIL LAWSUITS; REQUIRING THAT CERTAIN
AWARDS OF ATTORNEY FEES MUST BE REASONABLE; PROVIDING REQUIREMENTS FOR
REASONABLE ATTORNEY FEE AWARD REQUESTS; AMENDING SECTION 25-10-711, MCA; AND
PROVIDING AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Requirements for attorney fee award request -- awards against state. (1) An award of
attorney fees must be reasonable. A reasonable claim for attorney fees must include the following:
(a) the date a task is performed and the name of the timekeeper;
(b) a specific description of the task, including but not limited to the nature, purpose, or subject of
the work performed. Generic descriptors for a task and the work claimed are unreasonable. The description of
the task performed must be sufficient for a reasonable person to understand what work is being claimed.
(c) time that is billed in increments of tenths of an hour, including:
(i) a statement indicating whether the attorney has or has had a client who pays the hourly rate
requested by the attorney; and
(ii) a detailed list of time spent on each task. Block billing or aggregating of tasks may not be
claimed.
(d) a specific description of the work performed;
(e) an itemized list of expenses, including receipts from vendors;
(f) in-house copying expenses that may not exceed 10 cents a page; and
(g) an indication of whether a portion of the attorney fee has been paid and whether the client is
responsible for paying a portion of the bill if the attorney does not collect the award.
(2) There is a rebuttable presumption that the following are unreasonable requests for attorney
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69th Legislature 2025 SB 39
- 2 - Authorized Print Version – SB 39
ENROLLED BILL
fees:
(a) sending more than one attorney to a deposition;
(b) sending more than two attorneys to an oral argument or trial;
(c) charging for the cost of telephone calls, faxes, library facilities, or electronic research
subscriptions; and
(d) charging an hourly rate greater than the statewide average if the attorney has not been
practicing for more than 10 years.
(3) In addition to the requirements imposed by subsections (1) and (2), when considering an award
of attorney fees against the state, the court shall take into consideration the hourly rate charged by the attorney
representing the state. If the court elects to grant a rate higher than the rate charged by the attorney
representing the state, the court shall provide an explanation as to why the rate charged by the state does not
adequately compensate the attorney for which attorney fees are requested.
(4) In determining the reasonableness of an award of attorney fees, a court may consider factors
other than those contained in this section.
(5) The provisions of this section do not apply to claims for attorney fees for an amount less than
$10,000.
Section 2. Section 25-10-711, MCA, is amended to read:
"25-10-711. Award of costs against governmental entity when suit or defense is frivolous or
pursued in bad faith. (1) In any civil action brought by or against the state, a political subdivision, or an agency
of the state or a political subdivision, the opposing party, whether plaintiff or defendant, is entitled to the costs
enumerated in 25-10-201 and reasonable attorney fees as determined by the court if:
(a) the opposing party prevails against the state, political subdivision, or agency; and
(b) the court finds that the claim or defense of the state, political subdivision, or agency that
brought or defended the action was frivolous or pursued in bad faith.
(2) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law
to the contrary. The award of costs must be reasonable and considered under [section 1]."
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69th Legislature 2025 SB 39
- 3 - Authorized Print Version – SB 39
ENROLLED BILL
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
25, chapter 10, and the provisions of Title 25, chapter 10, apply to [section 1].
Section 4. Applicability. [This act] applies to awards of attorney fees in civil lawsuits that are
pending on or after [the effective date of this act].
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I hereby certify that the within bill,
SB 39, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 39
INTRODUCED BY G. HERTZ
BY REQUEST OF THE SENATE SELECT COMMITTEE ON JUDICIAL OVERSIGHT AND REFORM
AN ACT REVISING THE AWARD OF ATTORNEY FEES IN CIVIL LAWSUITS; REQUIRING THAT CERTAIN
AWARDS OF ATTORNEY FEES MUST BE REASONABLE; PROVIDING REQUIREMENTS FOR
REASONABLE ATTORNEY FEE AWARD REQUESTS; AMENDING SECTION 25-10-711, MCA; AND
PROVIDING AN APPLICABILITY DATE.