Chapter § 31.7 ATTORNEY FEES

• Jurisdiction: Oregon

§ 31.7 ATTORNEY FEES

ORS 90.255 specifies that,

In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.

In Barbara Parmenter Living Trust v. Lemon, 345 Or 334, 194 P3d 796 (2008), the Oregon Supreme Court held that an award of attorney fees to the prevailing party under ORS 90.255 is not automatic. The court held that trial courts must analyze the eight...