Chapter §10.14 CONTENTS OF THE PETITION FOR ATTORNEY FEES

• Jurisdiction: Oregon

b. (§10.14) Contents of the Petition for Attorney Fees

The petition must state the "total amount of attorney fees claimed and the authority relied on for claiming the fees." ORAP 13.10(5)(a). The petition must be supported by a statement that demonstrates the "total amount of attorney time involved, the amount of time devoted to each task, the reasonableness of the amount of time claimed, the hourly rate at which time is claimed, and the reasonableness of the hourly rate." ORAP 13.10(5)(a). Further, if a petition requests attorney fees pursuant to a statute, the petition must address the factors the court may consider in determining whether, and to what extent, to award attorney fees. ORAP 13.10(5)(b). Those factors include, as relevant, the factors listed in ORS 20.105(1) (willful disobedience of a court order or assertion of a claim, defense, or ground for appeal for which there was no objectively reasonable basis, see §10.20) or the factors listed in ORS 20.075(1) and (2), which are:

(1) . . .

(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

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