20.340������ Contingent fee agreement ����� 20.010 [Repealed by 1981 c.898 �53] ����� 20.015 [1983 c.527 �3; repealed by 2001 c.417 �5] ����� 20.020 [Repealed by 1981 c.898 �53] �����

20.340������ Contingent fee agreement

����� 20.010 [Repealed by 1981 c.898 �53]

����� 20.015 [1983 c.527 �3; repealed by 2001 c.417 �5]

����� 20.020 [Repealed by 1981 c.898 �53]

����� 20.030 [Repealed by 1979 c.284 �199]

����� 20.040 [Amended by 1979 c.284 �59; repealed by 1981 c.898 �53]

����� 20.050 [Repealed by 1981 c.898 �53]

����� 20.055 [1967 c.359 �703a; repealed by 1981 c.898 �53]

����� 20.060 [Repealed by 1981 c.898 �53]

����� 20.070 [Amended by 1977 c.544 �1; repealed by 1981 c.898 �53]

ATTORNEY FEES; EXPERT WITNESS FEES

����� 20.075 Factors to be considered by court in awarding attorney fees; limitation on appellate review of attorney fee award; definition of �attorney� for purposes of laws authorizing award of attorney fees. (1) A court shall consider the following factors in determining whether to award attorney fees in any case in which an award of attorney fees is authorized by statute and in which the court has discretion to decide whether to award attorney fees:

����� (a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduct of a party that was reckless, willful, malicious, in bad faith or illegal.

����� (b) The objective reasonableness of the claims and defenses asserted by the parties.

����� (c) The extent to which an award of an attorney fee in the case would deter others from asserting good faith claims or defenses in similar cases.

����� (d) The extent to which an award of an attorney fee in the case would deter others from asserting meritless claims and defenses.

����� (e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings.

����� (f) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute.

����� (g) The amount that the court has awarded as a prevailing party fee under ORS 20.190.

����� (h) Such other factors as the court may consider appropriate under the circumstances of the case.

����� (2) A court shall consider the factors specified in subsection (1) of this section in determining the amount of an award of attorney fees in any case in which an award of attorney fees is authorized or required by statute. In addition, the court shall consider the following factors in determining the amount of an award of attorney fees in those cases:

����� (a) The time and labor required in the proceeding, the novelty and difficulty of the questions involved in the proceeding and the skill needed to properly perform the legal services.

����� (b) The likelihood, if apparent to the client, that the acceptance of the particular employment by the attorney would preclude the attorney from taking other cases.

����� (c) The fee customarily charged in the locality for similar legal services.

����� (d) The amount involved in the controversy and the results obtained.

����� (e) The time limitations imposed by the client or the circumstances of the case.

����� (f) The nature and length of the attorney�s professional relationship with the client.

����� (g) The experience, reputation and ability of the attorney performing the services.

����� (h) Whether the fee of the attorney is fixed or contingent.

����� (i) Whether the attorney performed the services on a pro bono basis or the award of attorney fees otherwise promotes access to justice.

����� (3) In any appeal from the award or denial of an attorney fee subject to this section, the court reviewing the award may not modify the decision of the court in making or denying an award, or the decision of the court as to the amount of the award, except upon a finding of an abuse of discretion.

����� (4) Nothing in this section authorizes the award of an attorney fee in excess of a reasonable attorney fee.

����� (5) As used in this section and in any provision of law authorizing an award of attorney fees, �attorney� includes an associate licensee of the Oregon State Bar practicing law in the licensee�s approved scope of practice. [1995 c.618 �6; 2001 c.417 �3; 2021 c.325 �1; 2023 c.72 �32; 2025 c.32 �68]

����� 20.077 Determination of prevailing party; cases in which more than one claim made; prevailing party on appeal. (1) In any action or suit in which one or more claims are asserted for which an award of attorney fees is either authorized or required, the prevailing party on each claim shall be determined as provided in this section. The provisions of this section apply to all proceedings in the action or suit, including arbitration, trial and appeal.

����� (2) For the purposes of making an award of attorney fees on a claim, the prevailing party is the party who receives a favorable judgment or arbitration award on the claim. If more than one claim is made in an action or suit for which an award of attorney fees is either authorized or required, the court or arbitrator shall:

����� (a) Identify each party that prevails on a claim for which attorney fees could be awarded;

����� (b) Decide whether to award attorney fees on claims for which the court or arbitrator is authorized to award attorney fees, and the amount of the award;

����� (c) Decide the amount of the award of attorney fees on claims for which the court or arbitrator is required to award attorney fees; and

����� (d) Enter a judgment that complies with the requirements of ORS 18.038 and 18.042.

����� (3) Notwithstanding subsection (2) of this section, upon appeal of a judgment in an action or suit in which one or more claims are asserted for which the prevailing party may receive an award of attorney fees, the appellate court in its discretion may designate as the prevailing party a party who obtains a substantial modification of the judgment.

����� (4) This section does not create a claim to an award of attorney fees in any action or suit in which the court or arbitrator is not otherwise authorized or required to make an award of attorney fees by contract or other law. [2001 c.417 �1; 2003 c.576 �167]

����� 20.080 Attorney fees for certain small tort claims. (1) In any action for damages for an injury or wrong to the person or property, or both, of another where the amount pleaded is $10,000 or less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action, if the court finds that written demand for the payment of such claim was made on the defendant, and on the defendant�s insurer, if known to the plaintiff, not less than 30 days before the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 30 days after the transfer of the action under ORS 46.461. However, no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 30 days after the transfer of the action under ORS 46.461, an amount not less than the damages awarded to the plaintiff.

����� (2) If the defendant pleads a counterclaim, not to exceed $10,000, and the defendant prevails in the action, there shall be taxed and allowed to the defendant, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim.

����� (3) A written demand for the payment of damages under this section must include the following information, if the information is in the plaintiff�s possession or reasonably available to the plaintiff at the time the demand is made:

����� (a) In an action for an injury or wrong to a person, a copy of medical records and bills for medical treatment adequate to reasonably inform the person receiving the written demand of the nature and scope of the injury claimed; or

����� (b) In an action for damage to property, documentation of the repair of the property, a written estimate for the repair of the property or a written estimate of the difference in the value of the property before the damage and the value of the property after the damage.

����� (4) If after making a demand under this section, and before commencing an action, a plaintiff acquires any additional information described in subsection (3) of this section that was not provided with the demand, the plaintiff must provide that information to the defendant, and to the defendant�s insurer, if known to the plaintiff, as soon as possible after the information becomes available to the plaintiff.

����� (5) A plaintiff may not recover attorney fees under this section if the plaintiff does not comply with the requirements of subsections (3) and (4) of this section.

����� (6) The provisions of this section do not apply to any action based on contract. [Amended by 1955 c.554 �1; 1979 c.525 �1; 1981 c.897 �1; 1981 c.898 �19; 1985 c.342 �7; 1985 c.618 �15c; 1997 c.46 �2; 1999 c.947 �1; 2001 c.542 �2; 2009 c.487 ��1,3]

����� 20.082 Attorney fees for small contract claims. (1) As used in this section, �contract� includes:

����� (a) Express contracts;

����� (b) Implied contracts; and

����� (c) Instruments or documents evidencing a debt.

����� (2) Except as provided in this section, a court shall allow reasonable attorney fees to the prevailing party on any claim based on contract if:

����� (a) The amount of the principal together with interest due on the contract at the time the claim is filed is $10,000 or less; and

����� (b) The contract does not contain a clause that authorizes or requires the award of attorney fees.

����� (3) Attorney fees may not be awarded to a plaintiff under the provisions of this section unless written demand for payment of the claim was made on the defendant not less than 20 days before the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 20 days after the transfer of the action under ORS 46.461. The failure of a plaintiff to give notice under the provisions of this subsection does not affect the ability of a defendant to claim attorney fees under the provisions of this section.

����� (4) Attorney fees may not be awarded to a plaintiff under the provisions of this section if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action or the filing of a formal complaint under ORS