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CIVIL RULE NO. 33

Recovery of Attorney Fees in Bad Check Cases

In cases seeking recovery of attorney fees under K.S.A. 60-2610, the court will presume that the sums listed below shall constitute a reasonable attorney's fee in the absence of an affidavit or other evidence demonstrating, under applicable standards (see Model Rule of Professional Responsibility 1.5), that a different amount is required for the award of a reasonable fee in a specific case.

The entry of judgment stating that reasonable attorney's fees are being awarded in a specific amount shall constitute a finding of fact that the amount awarded constituted the reasonable attorney's fee in that case under K.S.A. 60-2610(a) and does not constitute a waiver of all or part of the reasonable attorney fee's incurred by the plaintiff. If a waiver of all or part of the fees found by the court to have been reasonable attorney's fees is made pursuant to the separate statutory authorization to waive those fees, then the court will make specific written findings as to the reasons that the amounts separately awarded as statutory penalties in that case are sufficient to adequately compensate the holder of the check and, accordingly, to waive all or part of the attorney fees otherwise found by the court to have been reasonable in that case.

Reasonable fees in the absence of other information as specified above shall be: $350.00 (subject to Court discretion).