Washington

Attorney Fees when Fiduciary Breaches Duty

The court may award attorney fees on two grounds: 1) Under RCW 11.94.120 (failure to account for 60 days under power of attorney) or under the general equitable powers of the court. Both are within the sound discretion of the court.

Additionally, it is within our inherent powers to award attorney fees on equitable grounds. Public Util. Dist. No. 1 v. Kottsick, 86 Wash. 2d 388, 389, 545 P.2d 1 (1976). We are at liberty to set the boundaries of the exercise of that power. Weiss v. Bruno, 83 Wash. 2d 911, 914, 523 P.2d 915 (1974). We have already recognized that bad faith litigation can warrant the equitable award of attorney fees. Hsu Ying Li v. Tang, 87 Wash. 2d 796, 798, 557 P.2d 342 (1976); Kottsick, 86 Wash. 2d at 390. 

From In re Recall of Pearsall-Stipek, 136 Wn.2d 255, 961 P.2d 343 (1998); See also Kane v. Lee Klos, 50 Wn.2d 778; 314 P.2d 672 (1957) and In the Matter of the Estate of Jones v. Jones, 152 Wn.2d 1; 93 P.3d 147 (2004).