Are there any limits to attorney’s fees in arbitration?

In Oregon, there are limits to attorney’s fees in arbitration when the parties agree to limit the fees. There are also cases when the attorney’s fees should be limited if the costs of arbitration would otherwise be disproportionate to the value of the claim. The Oregon Revised Statutes (ORS) requires attorneys in litigation involving arbitration to provide written notice to their clients regarding the potential for fee shifting. This information must be provided before entering into a contract and the fees should be reasonable. In addition, the Oregon Supreme Court has established a rule regarding the fees an attorney may charge for an arbitration. The rule states that an attorney shall charge a reasonable fee based on the value of the claim, the time spent on the case, the client’s financial situation, the complexity of the case, and any other relevant factors. The attorney also has an obligation to communicate to the client how the fees are determined and any potential for the fees to be shifted if the parties agree. When parties choose to arbitrate, they should understand all the aspects of arbitration, and the potential for attorney’s fees. If parties do not agree to limit the fees, the attorney’s fees may be significant, especially in complex cases.

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