Regarding Costs/reimbursement fees I owe other party, may I disagree with the lawyers filing and fees? I was unaware of the deadline to respond via court filing (didn't know I had to), is there anything I can do now to prevent the charges I disagree with(btw, I emailed other parties lawyer on why I did not agree, very shortly after bill was sent to me, and received no response from the lawyer)?
It's not quite clear from the question why you are required to pay another party's fees. If an opposing counsel filed a statement for attorney fees, then you had the right to file an objection, within 14 days after service of the attorney fee statement (see ORCP 68 C(4)(b)). If you missed that deadline, then you waived your right to object. Merely emailing the other attorney counts for nothing - you have to have filed a proper objection with the Court. You could still appeal the attorney fee award, if you file a notice of appeal within 30 days of the Court entering its judgment - but the appeal would be limited to the record before the trial court, so the court of appeals would see only what was actually filed. You should probably consult with an attorney in private if you want to pursue this.
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Some of the lawyers who provide general advice on this site like the lawyer who answered this question and many others we try to provide lay people with suggestions. The study of law and especially trial practice is not easy and it is not without many pit falls. That is why even experienced trial lawyers in Oregon ALL have insurance so if we make a mistake the interests of our clients are protected. Most lawyer pay around $4,000 a year for that insurance. That is just one example of how we try to protect the people we serve. We also try to give some advice on how people on this site can navigate the court system on their own if that is what they wish to do. On the other hand.....being a lawyer takes hard work and is also stressful. Like..."gee did I miss the deadline to file a motion to contest the other side's attorney fee petition?" I am sorry this happened to you. At the same time, I hope some of the people on the site who believe it is easy to be their own lawyer will take heed. There are many traps. This can happen to you if you try to do "do it yourself litigation." Some might feel I am being “self-serving” saying this. And there are some times when people can do it yourself. Small claims being a prime example of when you might do it yourself. On the other hand, it is harder than it looks and when you get into real litigation it is time to get a real lawyer. Sorry for the "rant" but I hope it will help the next person.
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