Colby v. Gunson, 349 Or. 1

Summary

The Supreme Court of Oregon held that an attorney who represents himself in a public-records action may recover reasonable attorney fees under ORS 192.490(3). The court interpreted “attorney fees” to include the reasonable value of legal services performed by an attorney acting pro se, without requiring a separate client or an obligation to pay for the services. The court reversed the Oregon Court of Appeals and remanded for further proceedings.

Holdings

1. An attorney who represents himself in a public-records action may recover attorney fees under ORS 192.490(3) for the reasonable value of the legal services he performs on his own behalf.
2. For purposes of ORS 192.490(3), "attorney" means an individual who practices law and does not require an agency relationship with a separate client.

Questions Presented

1. Whether an attorney who represents himself in a public-records action may recover attorney fees under ORS 192.490(3).
2. Whether the phrase "attorney fees" in ORS 192.490(3) requires that the prevailing party incur an obligation to pay for legal services or have a separate client.

Disposition

reversed_and_remanded