(a)

(1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit.

(2) The attorney's fee shall be taxed as part of the costs in the cause and shall be paid pro rata as the other costs are paid according to the respective interests of the parties to the suit in the lands so partitioned.

(b)

(1) When judgment is rendered by a court of this state for partition of realty in kind, or for the sale of realty and partition of the proceeds of the sale, the court in assessing a reasonable fee to be allowed the attorney bringing the action shall consider only those services performed by the attorney requesting a fee which are of common benefit to all parties.

(2) The court shall assess no fee for services which benefit only one (1) party, such as services necessary for the preparation and trial of contested issues of title or services for which payment has been made by the agreement of the parties.

(c) In no event shall a fee so assessed and taxed as costs exceed forty thousand dollars ($40,000) in total compensation and costs.

(d) In no event shall a fee be awarded when the trial court shall determine that the attorney seeking the allowance of a fee has an interest in the subject matter property.

(e) Subsections (b)-(d) of this section shall not be construed as limiting the amount of any fee charged by an attorney to the attorney's client.