FREDERIC CANN ARBITRATION
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EXAMPLE OF AN OPINION ON A PETITION FOR ATTORNEY FEES
AFTER A COURT ANNEXED ARBITRATION:
OPINION

    I received no objection to Sellers' petition for attorney fees.  Notwithstanding the lack of objection, I must make my own determination of reasonableness.

    I have reviewed the statements rendered for attorney fees.  The total hours and the nature of the services rendered are reasonable.  The hourly rates are reasonable.  Hours times rate is the only practical approach for this kind of case.  The requirement that an attorney be involved was precipitated by the Buyer’s request for a trial in circuit court which moved this case out of the small claims division.  I award $2,396 as attorney fees.  I also award $38.67 as additional attorney fees pursuant to Willamette Production Credit Association v. Borg-Warner Acceptance Corporation, 75 Or App 154, 158-59, 706 P2d 577 (1985) and Robinowitz v. Pozzi, 127 Or App 464, 470, 872 P2d 993 (1994).

    Sellers have also submitted a cost bill.  I reject the request for a prevailing party fee of $550 because of ORS 20.190(7).  The correct prevailing party fee is $275 as provided in ORS 20.190(2)(a)(A). 

    Sellers have requested the $500 deposit for my services as additional attorney fees, perhaps under Willamette Production Credit Association v. Borg-Warner Acceptance Corporation, 75 Or App 154, 158-59, 706 P2d 577 (1985) and Robinowitz v. Pozzi, 127 Or App 464, 470, 872 P2d 993 (1994).  In my opinion, the source of entitlement to recover attorney fees as costs is ORCP 68A(2): "‘costs and disbursements’ are reasonable and necessary expenses incurred in the prosecution or defense of the action other than for legal services, and include the fees of officers . . . .”  My role as arbitrator is predicated on my status as an attorney admitted to the Oregon State Bar, UTCR 13.090(1) - thus I am an ‘officer of the court’, ORS 9.010(1).  I have authority to make rulings on cost applications pursuant to UTCR 13.210(2) and (4)(e), and Multnomah County SLR 13.085.

    I do not perceive that there was a realistic defense to the Sellers’ complaint.  Buyer never hired a lawyer and did not appear except to request a continuance.  I exercise my discretion to assess the expense of the arbitrator, first, as to the $500 arbitrator’s deposit paid by Buyer, and second, to the $500 deposit paid by Sellers.  If there is any excess, it will be refunded to the Sellers' lawyer's trust account.

    I have calculated my total expense to be $758.88.  As a result, there will be a refund to the Sellers of $241.12.  I have thus reduced the cost bill award in that amount.  The amount of the cost bill to be awarded to Sellers is $689.88.

    Your award has been filed.

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© Frederic Cann 2008
This page last updated 5/2/2008

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