Kidney Ass'n of Oregon, Inc. v. Ferguson

I concur in the majority’s opinion except as to McMenamin’s fees, with respect to which the majority substitutes indignation for analysis. The majority states the correct test for considering a potential conflict of interest and a breach of fiduciary duty, such as those that existed here. I disagree, however, with its application of that test. I would modify the fee to $12,000 and, therefore, dissent in part.

Even though our review of the probate judgment is generally de novo, Jacobs v. Jacobs, 82 Or App 333, 336, 728 P2d 89 (1986), we should modify the attorney fee award only if the trial…