Ten Things You Should Know About Attorney Fees In Oregon:

As a Portland Oregon attorney, people often call me to ask how much it will cost for my firm to represent them.  This is a pretty good question and I am surprised that everyone doesn't ask it right away.  This is because attorney fees and costs in Oregon can vary dramatically from lawyer to lawyer.  Some large firms charge substantial hourly rates, while other firms can charge half that to perform the same task.  Legal Consumers should educate themselves before meeting with an attorney.   The list below should provide you with helpful information to educate yourself before hiring an attorney:

1:What Is The Difference Between a "Fixed Fee," "Hourly Fees", and a "Contingency Fee?"  

Fixed fees are fees that are paid to the lawyer to perform a specific task to represent you for a certain amount of time.  Many criminal lawyers charge a fixed fee.   For example, a lawyer that charges $1,500.00 to take DUII case up to trial would be charging a Fixed Fee.  The lawyer then may charge an additional fixed trial fee to represent the DUII client in the trial.  These fees are "earned upon receipt" and you would pay $1,500.00 for the lawyer to represent you and nothing more.   

An Hourly Rate is very common.  Many lawyers that represent business clients or persons with family law matters will often charge an hourly fee.  For example, the lawyer may spend three hours drafting a letter for you and charges $200.00 an hour.  You would pay the lawyer $600.00 for the service.  Most hourly rate attorneys will require a retainer.

A Contingency Fee is very common in Personal Injury cases.  With a contingency fee, the lawyer will not receive a payment unless the client collects money from the other side.    I represent people on a contingency fee in Personal  Injury cases and Crime Victim cases.   I also typically represent people who get ripped off by car dealers on a contingency basis.   Usually the attorney will get a percentage of the amount received by the other side. For example, if you received $100,000.00 from the other side before we filed a lawsuit I might receive a fee of 33% ($33,000.00) out of that $100,000.  I have a different model with the auto fraud cases.  

2:  Why is The Contingency Fee In Oregon Usually 33%?  There is not a specific reason for this.  However, the attorney is engaging in a risky en-devour.  The attorney in a contingency case is fronting their time and usually their money with the hopes they win and collect from the other side.  If the attorney loses your case the attorney will lose all the time and effort they put into the case.  The attorney or their law firm may also lose the thousands of dollars in costs that were paid on your behalf.  Also, the fee percentage may increase, because the risk of losing the case may increase.  

3:  What are "Costs" and Who Pays Them?  Costs are in addition to the attorney fee.   Costs are amounts that are paid to others to prosecute your case.  For example, if the attorney has to take depositions and have the depositions transcribed someone must pay the court reporter to do this.   Many attorneys have their clients pay costs, and demand a "retainer" (see below) to draw from.  In Personal Injury cases and Crime Victim cases my firm usually will front costs.  What this means is that I hope we win and then my firm will be reimbursed the costs out of any settlement or award.   In other words, the client does not have to pay anything for representation until after the trial in a personal injury or crime victim case unless we win.

4:  What is a Retainer?  A retainer is a lump sum the lawyer requires to draw funds out of.  Think of it as setting up a bank account with the lawyer.  Most hourly lawyers want a retainer, and some contingent fee attorneys want a retainer to pay costs.   They will bill a certain amount of hours and then send you an accounting at the end of the month.   For example, an attorney is representing you in a business dispute.  The attorney requests a $3,500.00 retainer.  The attorney charges $300.00 an hour and spent 10 hours on the case.  The attorney will be paid $3,000.00 out of the retainer.   The attorney also paid the court $500.00 to file the lawsuit.  As a result, the $3,500.00 retainer is gone.  Most likely the attorney will ask you to replenish the retainer and deposit another $3,500.00.  

5:  What Percentage Do Oregon Attorneys Typically Charge for a Contingency Fee?   Typically in personal injury cases and crime victim cases attorneys will charge 33% of the amount recovered.  However, most attorneys will increase the percentage charged as the case progresses.  For example, the attorney may charge 33% of any amount recovered before a lawsuit is filed.  The fee might jump up to 40% after a lawsuit is filed.  This is due to the fact a lot more work needs to be done after a lawsuit is filed.   

6:  I Don't Have Money To Pay An Attorney, Can I Still Get an Oregon Attorney?  That is a difficult question to answer, because it depends on the type of case you have.   If you have a personal injury case or a crime victim, then you probably can get an attorney even if you can't afford it.  This is because those cases are taken on a contingency.  Also, in Oregon a criminal defendant that does not have money for a lawyer may have the Judge appoint a lawyer for them.  However, if you have a family law case then you may not be able to obtain free representation.   Some organizations provide representation to people that cannot afford a lawyer.  Call me  at 503.224.1658 if you have an Oregon personal injury case, or you are a crime victim, or have an auto dealership fraud case. If you have another type of case you may want to call the Oregon State Bar Lawyer Referral Service at 800-452-7636. 

7: Do Attorneys Negotiate Attorney Fees? Some people try and negotiate the attorney fee with the attorney.  For example, they may want an attorney to represent them in a personal injury case, but will not agree to pay a contingency of more than 25% of the amount recovered.  Most attorneys do not typically negotiate their attorney fee, but there are always exceptions.  

8:  How Will I Know if the Attorney is Charging a Contingency Fee?  The attorney must disclose what type of fee they are charging in a written fee agreement in Oregon.  In fact there is a law regarding what an attorney must do when entering in a contingency fee agreement.  (See ORS 20.340)  You should read the agreement carefully, it should be easy to read, the attorney should also explain it,  and you should ask questions.  

9:  Can I Back Out of An Attorney Fee Agreement After I Signed It?  Typically yes.  In fact, if you signed a personal injury contingency fee agreement you have the legal right to rescind the agreement within 24 hours after signing it. (see ORS 20.340) If you back out of a personal injury contingency fee it is important to remember to notify the lawyer in writing.  However, in other cases the attorney may still charge you for any work performed even if you back out.

10:  Will I Recover My Attorney Fees If I Win?  It depends.  Typically in Oregon the loser will have to reimburse you for your allowable costs.  However, unless their is a right to collect attorney fees under a law, a contract, or some other agreement you  will  usually not be able to recover your attorney fees from the other side.  Call me at 503.224.1658 to discuss what types of cases typically allow for recovery of attorney fees.   

 If you or someone you know has needs an Oregon Lawyer please contact attorney Jeremiah Ross at 503.224.1658.  If Ross Law cannot assist you they will do their best to finds someone that can assist you or try and point you in the right direction.  

Please Read This Disclaimer!  Please remember that this information is not to be considered "legal advice" and you should always check with an attorney or the Oregon State Bar regarding the issues brought up in this post.  The law is always changing, so some things in this post may be out-dated.  Also, this post is intended for people who are seeking Oregon Attorneys.  Lastly this post, rosslawpdx.com, and this blog may be considered ATTORNEY ADVERTISING.  

What is the Difference Between a Civil Case and a Criminal Case?-15 Things Oregon Crime Victims Should Know

As a former prosecutor I rejected or "no complainted" various criminal cases.   Many of these cases lacked evidence to prove beyond a reasonable doubt that the suspect had committed a a crime.   Sometimes these were big cases that involved sexual assault, rape, assault, battery, or wrongful death caused by a negligent or DUII driver.   Those cases were always difficult to reject, because there was a victim that had been harmed, but there just wasn't enough evidence to support pursuing a conviction.   That meant that the wrongdoer would never be punished for the harm that they caused.  However, many of those cases would have been great Civil Cases.  That means the injured person or their estate could have received compensation (money) for the harms that the wrongdoer inflicted, even if the wrongdoer was never charged with a crime. 

Civil cases are much different than criminal cases. It is very important for a person that has been the victim of a crime to understand the difference between the two, so they can know all of their legal rights. Below are some of the main differences between Civil Law and Criminal Law in Oregon: 

1. What is The Main Difference Between a Civil Case and a Criminal Case In Oregon? Civil cases are about holding the wrongdoer(s) accountable by compensating the victim.  Basically the wrongdoer(s) are ordered to pay the victim for the harms and losses they caused the victim.  In Criminal Cases the case is about holding the wrongdoer accountable by punishing the wrongdoer.  Basically the wrongdoer goes to jail, is on probation, or is put in prison.  In a Civil Case the focus is on the harms and losses the wrongdoer caused the victim.  In a Criminal Case the focus is on the acts the defendant committed that violated the law. 
2. Is There A Civil Case If The Person Is Being Charged With A Crime?  In a civil case an injured person files a lawsuit against the person(s) or entities (government organizations or corporations) that caused the harm.  Being charged with a crime does not trigger a civil lawsuit.   In a Criminal Case the DA files documents to attempt to convict the wrong doer of a crime.  That does not trigger a civil lawsuit.  To Trigger a Civil lawsuit a person, usually a civil lawyer, files a complaint on behalf of the victim who is called the Plaintiff.
3. Is The DA My Lawyer If I Was A Crime Victim?  In a Civil Case the injured person has their own lawyer that represents only the injured person(s).  In a criminal case the State of Oregon has a "prosecutor" (sometimes called a DA) that represents the State.  The Prosecutor may take the victim's wishes into account regarding plea bargains and other issues, but at the end of the day the Prosecutor does not represent the victim.  In a civil case the civil lawyer only looks out for the crime victim's interest.
4. Who Is the Victim's Advocate in a Criminal Case?  In Oregon the Victim's Witness Advocate is an employee of the District Attorney's office.  They do a great job of attempting to keep victims informed of what is going on in the Criminal Case, and trying to create a dialogue between the victim and the prosecutor handling the case.  Victim Witness Advocates often will advise victims of criminal court dates (bail hearings, trial dates, sentencing dates), and will often inform the victim of their rights in the criminal proceedings.  However, this does not always happen with every case.  
5. Do I Get A Victim's Advocate in a Civil Case?  Yes.  In a civil case your lawyer is your advocate.   There is not an employee of the government that will advocate on your behalf.  You will have a lawyer that is pursuing your case for you and asserting your rights. 
6. Can I Get A Civil Lawyer To Be My Victim's Advocate In A Criminal Case?  Yes, as the victim of a crime you have a right to have a civil lawyer as your representative.   This is strongly encouraged to ensure the victim's rights are honored.   However, 
7. The DA "No Complainted" My Case, Will A Civil Lawyer Take The Case?  It depends, it maybe that there is not enough evidence to hold the wrong doer(s) accountable in a civil case.  It may also be that none of the wrongdoers has any money, so it would not be worth pursuing a lawsuit because at the end of the day no one would receive any compensation.  It is best to call a lawyer like myself at 503.224.1658 to discuss your civil case.
8. The DA Said There Wasn't Enough Evidence To Prove My Criminal Case, So How Would We Win a Civil Case?  One of the main differences between a civil case and a criminal case is the burden of proof.  In a criminal case the state must prove the wrongdoer committed a crime beyond a reasonable doubt.  That is the highest standard of proof.  In a civil case the standard is typically much lower.   To win your civil case you only have to prove your allegations by a preponderance of the evidence.   What this means is that you only have to show that more likely than not a person or entity caused your harm.  This is much easier, and you don't need the same amount of evidence to prove the case. 
9. Can I Collect Money From The Criminal Defendant To Compensate Me For My Harm?  It Depends.  First, most DA's will only pursue out of pocket losses (think property damage, hospital bills, therapy bills) once their is a conviction.  What this means is that a crime victim typically cannot receive money for the hell the event has caused them (think: pain, anxiety, embarrassment, shame, humiliation, and interference with daily activities).  In a civil case you can be awarded money for all the hell the person put you through.   In limited circumstances the DA may be able to get an award of a "compensatory fine" that allows the victim to collect money for non-out of pocket losses.  However this is rarely done.  You should speak to a Civil Crime Victim's lawyer, such as myself, if you are interested in pursuing this.  Call 503.224.1658.
10. Can I Have A Civil Case While the DA Is Prosecuting the Criminal Case, Or Do I have to Wait?   A crime victim in Oregon can have a civil case and a criminal case in the court at the same time.  However, that doesn't mean the cases will be on the same track.  Lawyers would be different, dates and hearings would be different, and judges may be different in the civil and criminal case.   There are numerous strategies that people consider regarding when to file a civil case, so you should consult with a Civil Crime Victim's lawyer. 
11. Can A Civil Lawyer Get a Settlement With the Person Being Charged with a Crime Before Filing a Lawsuit?  Yes!  It is often very helpful to have a civil lawyer  representing the crime victim, so the Civil Lawyer can attempt to resolve the case before filing a Civil Lawsuit.  Sometimes this can occur while the DA is still prosecuting the wrongdoer in the criminal case.  
12. I Believe A Corporation or Government Entity Caused Some of My Harm, Can I File A Civil Lawsuit Against Them Even if an Actual Person Committed the Crime?  Yes, if the evidence merits it.  This happens all of the time.   As a Civil Crime Victim's Lawyer I have filed a lawsuit against multiple corporations and a rapist in the same lawsuit.   We sued the corporations because they negligently hired the rapist and my client was raped while he was on the clock.   This scenario can come up with teachers sexually assaulting or molesting children, DHS failing to protect children, Hospitals allowing physicians to work after receiving complaints the physician had sexually assaulted a person, a bar that hired a bouncer that beat a person senseless, and a bar or social host that over-served a DUII Driver that caused a crash.   These are just a few of the countless examples.  
13.  Can I File A Civil Lawsuit After The Wrongdoer Is Convicted of A Crime?  Yes!  In fact most of the time that is when most civil lawsuits are filed against the wrong doer.  Just because a person is convicted doesn't mean you can't still pursue a civil lawsuit against them to seek money to compensate you for the hell they put you through. 
14. The DA Said The Statute Of Limitations  Ran on The Case, Can I Still File A Civil Lawsuit?  It depends.  Sometimes the criminal statute of limitations for a misdemeanor in Oregon may be as short as a year.  Most Civil Personal Injury lawsuits must be filed in two years.   Therefore a Civil Lawyer may have an extra year to hold the wrong doer accountable.  Other statute of limitations involving sexual assault, molestation, sexual abuse are very complicated and a Civil Lawyer should be consulted with.
15. If I Receive Money From The Oregon Crime Victim's Compensation Fund Can I File a Civil Case Against the Defendant(s)?  Yes.  Oregon has a fund that will pay medical bills and therapy bills for crime victims in some circumstances.  If a person receives benefits from the Crime Victim's Compensation Fund, and later collects money from the defendant in a civil lawsuit or settlement then the Fund must be repaid. 

If you or someone you know has been the victim of a crime and want to file a civil lawsuit call Oregon Crime Victim Lawyer Jeremiah Ross at 503.224.1658 for your free consultation.  Ross Law LLC is happy to assist crime victim.    Please note there are numerous differences between civil law and criminal law, and the law is constantly changing.  

Sexual Assaults, Assault, Battery-Civil Law Can Help When The Criminal Justice System Fails

Many people have heard the story of Brock Turner.  Turner was a all-star swimmer at Stanford.  He was also a sexual predator that raped a young unconscious woman.  The story hit national news, because the judge went lenient on Turner.  Turner served three months for raping a woman.  The victim wrote a scathing letter regarding the light sentence. I think most people would agree the criminal justice system failed the young woman in that case.  

Despite the Criminal Justice system failing, the young woman still has options.    She can file a civil lawsuit against Turner for sexual assault, assault, intentional infliction of emotional distress. If she won, Turner would have to pay her for the hell he caused her.  Also, Stanford or another organization may be civilly liable if they knew Turner had a propensity to sexually assault women, but ignored it.  Others may be liable too.  For example, if Turner was heavily intoxicated and was over-served then whoever over-served him alcohol may be civilly liable.  What all this means is that the young woman can use the Civil Justice system to hold each and every person and entity accountable for their actions and inaction that lead to her rape.  That means she can sue for money damages to compensate her, and punitive damages (damages to punish people) as well.  

People may say that Turner may not be worth suing because he is not going to have any money.  He is now known as a sexual predator, so he is not going to have a successful career.  However, a lawyer may still take the case in hopes that Turner will be forced to pay.  He is young and his wages may be garnished for decades.  Arguably his debt for the rape couldn't be discharged in bankruptcy.   More importantly, every month he will be reminded of the hell he put this woman through when he sees a certain amount of money coming out of his bank account.  

The Justice system is NOT perfect.  Mistakes will be made and there will be injustice.  However, people need to remember that the Civil Justice System should be a valuable tool for victims of sexual assault, rape, assault, and battery.  Although being awarded money damages will not bring the victim Justice, it may help soften the blow. 

If you or someone you know has been a victim of Rape, Sexual Assault, Assault, or Battery, call Portland Oregon Crime Victim Attorney Jeremiah Ross at 503.224.1658 for a free consultation.   I am  happy to explain the process to you at no cost.  Please call Ross Law LLC to learn your victim's rights and hold all wrongdoers accountable.  

Jeremiah Ross selected as a Top 100 Trial Lawyer

The National Trial Lawyers selected Jeremiah Ross as a Top 100 Trial Lawyer.   The organization recognized Jeremiah Ross for his work as a Personal Injury Attorney and Consumer Lawyer.  You can read more about The National Trial Lawyers at The National Trial Lawyers web-site.

 Jeremiah Ross represents Oregonians in Personal Injury cases, Crime Victims, and Oregonians consumer cases.   Feel free to call Jeremiah Ross at 503.224.1658 to discuss your case. 

Uber Sexual Assault Survivor Fights Back and Sues Uber

I have previously posted about safety issues with Uber, Lyft, and other ride shares.  These ride share programs market themselves as a safe alternative to getting around town. However, that is not always the case.  A Los Angeles woman was brutally raped by an Uber driver that picked her up.

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She is fighting back and filed a lawsuit against Uber for its failure to conduct a background check.  Currently Uber simply has an on-line application process and hires a company to run cursory criminal record checks.  Therefore, if for whatever reason the criminal records check doesn't pick up an issue then passengers are put at risk of being assaulted, raped, or drugged by a ride-share driver.  These lawsuits are necessary to force the ride-share programs to take pro-active steps to discover any possible issue with their drivers.   For more information about the Los Angeles case click here:  LA Times Article.

If you or someone you know has been assaulted, sexually assaulted, or raped by a ride share driver then please call the police immediately.  If you have questions about your civil rights and your rights as a crime victim, please call Jeremiah Ross at 503.224.1658.  It won't cost you anything and you should know your rights.   

Sexual Assaults and Taxis-Be Careful Portland

I have previously written about young women that have been sexually assualted and raped by Uber and Lyft drivers.  However, Uber and Lyft drivers are not the only drivers to be concerned with, Taxi Cab drivers can take advantage of a vulnerable person resulting in rape, robbery, and assault. 

This is not a new thing.   In law school my wife clerked at the San Francisco District Attorney's office.  She worked on a terrible case where a San Francisco cab driver picked up a young intoxicated woman from a nice area of town.  The driver then drove the woman to a secluded area and brutally raped her.  He then put her in the trunk of the taxi cab and dumped her body in seedy area of town.   I remember that case, because I had never thought how vulnerable an individual can be when we accept rides from strangers.  Sure the drivers may be "professionals" and may have passed a background check, but that won't weed out all of the bad apples.

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Do not sit in the front seat of a Taxi if you are riding alone with the driver!

Recently here in Portland Oregon another young college student was sexually assaulted by a taxi driver.   The story is similar to the case in San Francisco.  The young intoxicated woman was trying to get home.  The cab driver saw her and offered to take her home.  The cab driver then claimed his GPS wasn't working, so he asked her to get in the front seat so she could provide him directions to her home.  She complied with the driver's wishes, and the cab driver began to drive around for a very long time.  Then he sexually assaulted her.   The young woman will be emotially scarred for life and the driver only ended up getting 10 years in prison. (Oregonian Story)

Portland is a friendly city, so sometimes we have a false sense of security.  However it is important to remember you need to be cautious when using taxi cabs and ride share programs.  Do not get in the front seat with the driver if you are alone.  Always have a cell phone with you and text someone when you get in the vehicle and let them know when you expect to arrive home.   Remain vigilant, and remember the cab company or rideshare company may have been negligent when they hired this person.  

If you have had the horrible experience of being sexually assaulted in a taxi cab, uber car, or lyft car please call Jeremiah Ross at Ross Law LLC to discuss your victim's rights and options. Jeremiah is always willing to discuss your rights as a victim and who may be accountable. The driver's employers may be culpable, so it is important to discuss your case with an attorney to hold everyone accountable and prevent sexual assaults from occuring in the future.   Please call Portland Victim's Rights attorney Jeremiah Ross at  503.224.1658. 

School Assaults-Avoidable Tragedies

School-yard fights are nothing new.  There have probably been fights at school since the first school opened.   However, it appears the fights are getting more serious.  Teenagers are displaying a new level of brutality to others.   What was once a school yard fight between two kids has become a scenario where numerous kids are jumping one kid, or the kids are fighting with weapons.   These attacks can have tragic results. 

I recently read an article about the young girl that was brutally beaten to death in a high-school bathroom.    Witnesses note that the fight initially started out between the deceased victim and another girl.  Then other girls joined the fight to attack the victim.  Within minutes the deceased victim was beaten to death in a high-school bathroom.  

The question becomes what do we do to prevent these incidents.   I recently settled a case against an Oregon educational institution where a young woman was attacked by a young man.   While investigating that case it became apparent that young people are not going to be safe at school.  Security Officers are only as good as the people that train them, and the budget won't permit hiring more security. Teachers rely on security and law-enforcement to address any violent actions, and may not want to deal with the problem children.  Despite having security and law enforcement on many campuses the brutal attacks persist.   Many of these on-campus attacks could have been prevented or stopped before things became serious if people were simply doing their jobs.

If you, or someone you know, has been attacked at school you should call a lawyer to hold all people accountable.  Many times the lapses in security will not be addressed until the schools are forced to due to media pressure or pressure from a lawsuit.   Jeremiah Ross at Ross Law LLC is happy to discuss whether or not you may have a civil case against the responsible parties.  Please call 503.224.1658 to chat with Jeremiah.    

PLEASE NOTE THAT THIS BLOG IS AN ATTORNEY ADVERTISEMENT.  Your case maybe unique so please contact a lawyer and do not rely solely on the contents of this blog. 

Visitors Fed Up With Localism Use The Law To Fight Back

Many people perceive surfers as being a mellow peaceful friendly group of people.   However, there is also an ugly side of the surfing community.  Many local surfers use violence, threats, intimidation, vandalism and even sexual abuse to drive off other surfers.   These "locals" fear there are not enough good waves for everyone, so they use these tactics to ensure their local waves do not become overcrowded.  As a surfer myself, I have witnessed localism all up and down the West Coast.

A recent LA Times article chronicles the what happens when localism goes unchecked.   The article focuses on the "Bay Boys" in Palos Verdes Estates, Ca.   The Bay Boys is a group of surfing men that come from wealthy backgrounds that have lived and surfed Lunada Bay for years.   They are known as being notoriously hostile to visitors and any surfer that is not known to them.   They constantly verbally abuse visitors, throw rocks at them, and use whatever means necessary to keep people from surfing Lunada Bay.  Law Enforcement is often of little help and does little if anything to hold the Bay Boys accountable for their actions.

People finally got sick of the Bay Boys' antics and have filed a Class Action Lawsuit against them in an attempt to restore law and order to Lunada Bay.   The lawsuit is seeking to prevent the Bay Boys from congregating at Lunada Bay and will force the police to investigate incidents at Lunada Bay.

If you are the victim of a crime and would like to know your rights and remedies against the wrongdoer, please call Portland Oregon Attorney Jeremiah Ross.  Please call Ross Law LLC at 503.224.1658.  Also, please remember this post is for informational purposes only.   If you have any questions related to the law or the issues in this post please call a lawyer.