Portland, OR asked in Family Law and Legal Malpractice for Oregon

Q: My lawyer admits, in "privileged" email, he failed to convey my offer.

I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a counter-offer. I've delayed submitting the Order for the Judge's signature and filing, hoping to get this corrected first, while pleading with my lawyer to fix this.

My lawyer claims it's impossible to fix this mistake after the Judge ruled, and he cannot go back to the Judge for reconsideration. He's offering to reduce his bill. But, I'm now facing defending a Fee Appeal, and I want this blackmark removed from my record. My proof is the Privileged "admission" email.

Can I go back to the Judge prior to the ORDER's filing and ask her to reconsider that Finding? Or would this all be pointless and I'll be held accountable anyway, because MY side...my own lawyer made the mistake?

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1 Lawyer Answer
Steven Leskin
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  • Portland, OR
  • Licensed in Oregon

A: I do not know that there is a right answer for this.

You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case.

Since there are statutory time constraints in an ORCP 68 proceeding, you will need to act quickly. You might also request your current attorney resign so you can write the judge directly yourself.

Good luck.

1 user found this answer helpful

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