Wash. Rev. Code » Title 50 · Chapter 50.32
Revised Code of Washington

Wash. Rev. Code § 50.32.160 (2026)

Attorneys' fees

✓ current as of May 2026
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It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an individual involving the individual's application for initial determination, or claim for waiting period credit, or claim for benefits to charge or receive any fee therein in excess of a reasonable fee to be fixed by the superior court in respect to the services performed in connection with the appeal taken thereto and to be fixed by the supreme court or the court of appeals in the event of appellate review, and if the decision of the commissioner shall be reversed or modified, such fee and the costs shall be payable out of the unemployment compensation administration fund. In the allowance of fees the court shall give consideration to the provisions of this title in respect to fees pertaining to proceedings involving an individual's application for initial determination, claim for waiting period credit, or claim for benefits. In other respects the practice in civil cases shall apply.
[ 1988 c 202 s 48; 1971 c 81 s 121; 1945 c 35 s 132; Rem. Supp. 1945 s 9998-270. Prior: 1941 c 253 s 4.]

Notes:

Severability—1988 c 202: See note following RCW 2.24.050.
Attorneys' fees: Chapter 4.84 RCW.
Costs: RCW 50.32.100.
Costs on appeal: Chapter 4.84 RCW.
Notes of Decisions
Cited in 81 cases (6 in the last 5 years), 1969–2025 · leading case: Markam Grp., Inc. v. Emp. Sec. Dep't, 148 Wash. App. 555 (Wash. Ct. App. 2009).
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Markam Grp., Inc. v. Emp. Sec. Dep't, 148 Wash. App. 555 (Wash. Ct. App. 2009). · cites it 5× “350 and RCW 50.32.160. We may grant a request for attorney fees and costs on appeal when permitted by applicable law.”
Markam Grp., Inc. v. State, Dept. of Emp. SEC., 200 P.3d 748 (Wash. Ct. App. 2009). · cites it 5× “350 and RCW 50.32.160. We may grant a request for attorney fees and costs on appeal when permitted by applicable law.”
Pennsylvania Life Ins. v. Dep't of Emp. Sec., 645 P.2d 693 (Wash. 1982). · cites it 4× “160 provides: It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an individual involving the individual's application for initial determination, or claim for waiting period credit, or claim for benefits to charge or receive any fee therein in…”
Michaelson v. Emp. Sec. Dep't, 187 Wash. App. 293 (Wash. Ct. App. 2015). · cites it 5× “Michaelson under RCW 50.32.160. FACTS ¶3 Mr. Michaelson was a delivery driver for FSA from August 2003 through March 2013.”
Hamel v. Emp. Sec. Dep't, 966 P.2d 1282 (Wash. Ct. App. 1998). · cites it 3× “ATTORNEY FEES Hamel contends that, pursuant to RCW 50.32.160, he is entitled to an attorney fee award because the superior court remanded the case to the Employment Security Department for further factual findings.”
Scully v. Dep't of Emp. Sec., 712 P.2d 870 (Wash. Ct. App. 1986). · cites it 4× “*605 Attorney's Fees Scully's attorney requested attorney's fees under RCW 50.32.160, which states in part: It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an individual involving the individual's application for initial determination, or…”
Delagrave v. Emp. Sec. Dep't, 111 P.3d 879 (Wash. Ct. App. 2005). · cites it 3× “190. If the legislature had intended attorney fees to be available in overlapping benefits scenarios like the one here, the logical place to include such a provision would be within these three statutes.”
Thomas v. Emp. Sec. Dep't, 176 Wash. App. 809 (Wash. Ct. App. 2013). · cites it 2× “Attorney Fees and Costs ¶21 Thomas requests attorney fees and costs — payable from the unemployment compensation fund — under RCW 50.32.160 and RAP 18.1. RCW 50.32.160 provides for reasonable attorney fees if we reverse or modify the commissioner’s decision.”
Darkenwald v. Emp. Sec. Dep't, 328 P.3d 977 (Wash. Ct. App. 2014). · cites it 2× “RCW 50.32.160 provides that if the decision of the Commissioner is reversed or modified, attorney fees “shall be payable out of the unemployment compensation administration fund.”
Ancheta v. Daly, 461 P.2d 531 (Wash. 1969). “Such fees are generally allowed by RCW 50.32.160: Attorneys’ fees in courts.”
Belling v. Wash. State Emp't SEC. Dep't, 427 P.3d 611 (Wash. 2018). · cites it 10× “050 largely limits the use of this fund to employment security's administrative costs. It is funded separately from the unemployment fund, mostly by federal dollars and state general funds.”
Delagrave v. Emp. Sec. Dept. of State, 111 P.3d 879 (Wash. Ct. App. 2005). · cites it 3× “If the legislature had intended attorney fees to be available in overlapping benefits scenarios like the one here, the logical place to include such a provision would be within these three statutes.”
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