Under Oregon Revised Statute 20.105, a court must award you reasonable attorney fees if you prevail against a claim, defense, or ground for appeal that had no objectively reasonable basis in law or fact, or against a party who willfully disobeyed a court order during the case. The statute is an exception to Oregon’s general rule that each side pays its own lawyer. It is not a penalty for losing. Courts apply it only when the opposing position was entirely without support, which is a deliberately high bar.
The Two Triggers for a Fee Award
ORS 20.105 opens two paths to fees. The first is the one most litigants invoke: the other party asserted a claim, defense, or ground for appeal with no objectively reasonable basis in law or fact. The second covers willful disobedience of a court order that forced you to incur legal fees you would not otherwise have spent.1Oregon State Legislature. Oregon Code 20.105 – Attorney Fees Where Party Disobeys Court Order or Asserts Claim, Defense or Ground for Appeal Without Objectively Reasonable Basis
Both triggers operate the same way. If the court finds one applies and you prevailed on the affected claim, it “shall” award reasonable attorney fees. That word is mandatory. The court’s discretion comes in only when calculating the amount, not when deciding whether to award at all.
What “No Objectively Reasonable Basis” Really Means
This is where most disputes under the statute play out, and the standard trips people up. A claim does not lack an objectively reasonable basis just because it was weak or lost. The court has to find it was entirely devoid of legal or factual support. A novel theory with some evidence behind it will not qualify, even if the court ultimately rejects it.
Oregon courts assess reasonableness as of the time the claim was filed, but the inquiry does not end there. A position that was reasonable at the start can become unreasonable as the case develops. New evidence, a controlling decision, or a change in the law can pull the ground out from under a claim, and the party asserting it has a continuing duty to reassess. Holding onto a claim after it has collapsed exposes you to a fee award just as surely as filing a baseless complaint in the first place.1Oregon State Legislature. Oregon Code 20.105 – Attorney Fees Where Party Disobeys Court Order or Asserts Claim, Defense or Ground for Appeal Without Objectively Reasonable Basis
On appeal, courts weigh the merits of the original claim along with how the case developed. In the Oregon Tax Court, the question is whether a reasonable attorney would have known the arguments were not warranted under existing law, and whether the party advanced at least one objectively reasonable claim or defense. One legitimate argument can be enough to defeat a fee request on the overall appeal, though it will not necessarily shield individually meritless claims within the case.
Where the Statute Applies
ORS 20.105 reaches civil cases in Oregon’s circuit courts, both divisions of the Oregon Tax Court, and civil appeals or reviews before the Court of Appeals and the Supreme Court.1Oregon State Legislature. Oregon Code 20.105 – Attorney Fees Where Party Disobeys Court Order or Asserts Claim, Defense or Ground for Appeal Without Objectively Reasonable Basis Within that scope, the subject matter does not matter. Breach of contract, personal injury, property disputes, and tax assessment challenges are all fair game if one side’s position is objectively baseless.
Cases filed in small claims court sit outside the statute, which lists only circuit courts and the Tax Court. If a small claims case is appealed up to circuit court, ORS 20.105 applies at that stage.
The statute also does nothing to penalize a plausible claim that just loses. Someone who presented a legitimate theory with some evidence, and lost anyway, is not exposed to fees under this provision. And when a contract or another statute already provides for attorney fees, that provision controls for the affected claim and ORS 20.105 adds nothing. Oregon makes contractual fee clauses reciprocal by default, so either party can rely on them regardless of who the clause was originally written to protect.
Who Counts as the Prevailing Party
ORS 20.077 defines the prevailing party as the one who receives a favorable judgment or arbitration award on a claim.2Oregon State Legislature. Oregon Code 20.077 – Determination of Prevailing Party, Cases in Which More Than One Claim Made, Prevailing Party on Appeal In cases with multiple claims and counterclaims, the court identifies the prevailing party on each claim separately. You might win three and lose two, and the fee analysis runs independently on each. If the other side filed an objectively baseless counterclaim and you defeated it, you are the prevailing party on that counterclaim and can seek fees for defending against it, even if the rest of the case did not go your way.
How to Request the Fees
Winning does not automatically generate a fee award. You have to ask, and the window is tight. Oregon Rule of Civil Procedure 68 requires you to file a signed, detailed statement of attorney fees no later than 14 days after the entry of judgment, and to serve it on all parties not in default.3Oregon Public Law. Oregon Rules of Civil Procedure – ORCP 68 Pleading, Allowance, and Taxation of Attorney Fees and Costs and Disbursements – Section: C(4) Procedure for Seeking Attorney Fees or Costs and Disbursements
The statement cannot be a one-line request. It needs to spell out the amount sought, break down the work performed, and address the factors the court must consider under ORS 20.075. Billing records, attorney affidavits, and documentation of hourly rates are standard. The court has limited discretion to accept a late filing, but treat the 14 days as a hard deadline. Missing it is one of the most common and most preventable ways to forfeit a fee award you have already earned.
How the Court Sets the Amount
ORS 20.075 governs the calculation. When fees are mandatory, as they are under ORS 20.105, the court applies the statute’s second set of factors to decide how much to award.4Oregon State Legislature. Oregon Code 20.075 – Factors to Be Considered by Court in Awarding Attorney Fees Those factors include:
- The time and labor the case required, including the novelty and difficulty of the legal questions.
- The rates attorneys in the same area typically charge for similar work.
- The amount at stake and the result obtained.
- The experience, reputation, and ability of the attorney who did the work.
- Whether the attorney charged a flat fee, hourly rate, or contingency fee.
- Whether taking the case prevented the attorney from accepting other work.
- Whether the attorney worked pro bono or the award promotes access to the courts.
Judges routinely cut requested amounts. Time spent on tasks unrelated to the claim that triggered fee-shifting gets trimmed. Hours that look padded or duplicative get trimmed. No award can exceed what the court finds reasonable, regardless of what the attorney actually billed.4Oregon State Legislature. Oregon Code 20.075 – Factors to Be Considered by Court in Awarding Attorney Fees On appeal, the trial court’s amount stands unless the appellate court finds an abuse of discretion, which is a high bar.
Collecting the Award
A fee award entered as part of a judgment still has to be collected. If the losing party does not pay voluntarily, you will need to enforce the judgment. Under ORS 82.010, unpaid Oregon judgments accrue interest at 9% per year, and that rate applies to attorney fees and costs included in the judgment.5Oregon State Legislature. Oregon Revised Statutes Chapter 82 – Interest
Oregon gives you several enforcement tools. A writ of execution lets the sheriff seize and sell the debtor’s non-exempt property. Garnishment reaches money held by third parties, including bank accounts and, within limits, wages. A debtor examination compels the losing party to appear in court and disclose assets and income under oath. None of these guarantee payment if the debtor truly has no assets, but the 9% rate at least keeps the judgment growing while you work on it.