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Miss. Code Ann. § 9-1-41 (2026)

Reasonableness of attorneys' fees; evidence

✓ current as of July 2026
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In any action in which a court is authorized to award reasonable attorneys' fees, the court shall not require the party seeking such fees to put on proof as to the reasonableness of the amount sought, but shall make the award based on the information already before it and the court's own opinion based on experience and observation; provided however, a party may, in its discretion, place before the court other evidence as to the reasonableness of the amount of the award, and the court may consider such evidence in making the award.

Laws, 1990, ch. 393, § 1, eff. 3/13/1990.

Notes of Decisions
Cited in 47 cases (7 in the last 5 years), 1990–2025 · leading case: Upchurch Plumbing, Inc. v. Greenwood Utils. Comm'n, 964 So. 2d 1100 (Miss. 2007).
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Upchurch Plumbing, Inc. v. Greenwood Utils. Comm'n, 964 So. 2d 1100 (Miss. 2007). · cites it 4× “Furthermore, Greenwood cites Miss.Code Ann. § 9-1-41 and argues that the trial judge makes the determination of reasonableness from experience and observation.”
Doe v. Doe, 644 So. 2d 1199 (Miss. 1994). · cites it 5× “Mary claims the McKee factors were met, and, in any event, the chancellor was authorized to award her attorney fees pursuant to Miss. Code Ann. § 9-1-41 (1972). 2. Relevant Law and Analysis The first appeal began with Mary's motion to modify the divorce decree concerning the…”
Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016). · cites it 2× “See Miss. Code Ann. § 9-1-41 (Rev. 2014). ¶79.”
Mississippi Power & Light Co. v. Cook, 832 So. 2d 474 (Miss. 2002). “The trial court found in its Final Judgment Ordering Payment of Plaintiff's Attorney Fees the following: The court finds that the herein cause has been litigated for more than nine (9) years at considerable risk to plaintiff's counsel. Additionally, Defendant removed the case to…”
Speights v. Speights, 126 So. 3d 76 (Miss. Ct. App. 2013). · cites it 3× “3 See Miss.Code Ann. § 9-1-41 (Rev.2002); 4 I also respectfully submit that Shain failed to preserve for appellate review his claim that insufficient evidence or findings support the chancellor’s award of attorney’s fees by failing to object, failing to request reconsideration…”
Tunica Cnty., Mississippi v. Town of Tunica, Mississippi, 227 So. 3d 1007 (Miss. 2017). “See also Miss. Code Ann. § 9-1-41 (Rev. 2014) (an award of attorney’s fees shall be “based on the information already before [the trial court] and the court’s own opinion based on experience and observation.”
John Mark Riley, Jr. v. Betty Merandy Russell Riley, 196 So. 3d 1159 (Miss. Ct. App. 2016). “(quoting Miss.Code Ann. § 9-1-41). ¶22. Here, the trial court awarded a reasonable amount of attorney’s fees to Betty based on its experience, observation, and the information before it, i.”
Adam Heisinger v. Priscilla Riley, 243 So. 3d 248 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 9-1-41 (Rev. 2014) ("In any action in which a court is authorized to award reasonable attorneys' fees, the court [may] make the award based on the information already before it and the court's own opinion based on experience and observation .”
Par Indus., Inc. v. Target Container Co., 708 So. 2d 44 (Miss. 1998). “Miss. Code Ann. § 9-1-41 (1991). In consideration of the language of this statute, this Court stated, "[t]he standard for review of the award of attorneys' fees is abuse of discretion, and such awards must be supported by credible evidence.”
Mauck v. Columbus Hotel Co., 741 So. 2d 259 (Miss. 1999). “Lipscomb filed a motion for attorney fees which was accompanied by affidavits by himself and Liston and several exhibits in support of the motion. CHC requested $107,510 as reasonable attorney's fees and $22,072.”
Fulton v. Mississippi Farm Bureau Cas. Ins. Co., 105 So. 3d 284 (Miss. 2012). “Miss.Code Ann. § 9-1-41 (Rev.2002); Cook, 832 So.”
Union Carbide Corp. v. Nix, 142 So. 3d 374 (Miss. 2014). “” Miss.Code Ann. § 9-1-41 (Rev. 2002). Any award of attorney’s fees "should be supported with factual determinations.”
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