Oregon Gun Rights Group Ordered to Pay $66K in Legal Fees After Losing Fight Against Measure 114

The Oregon Firearms Federation (OFF) must pay a Portland civil defense trial lawyer $66,161.82 in unpaid fees, plus interest, for his legal work on behalf of the organization that challenged gun control Measure 114.

In a recent Clackamas County court ruling, Senior Judge Marilyn E. Litzenberger found that John Kaempf’s legal firm performed its work and that the OFF was in breach of contract for failing to pay the firm timeously.

The OFF Claims that Attorney Performed Unauthorized Work

The OFF had argued that Kaempf billed the organization for unauthorized work, and the attorney sued for breach of contract.

Kaempf emailed the OFF in November 2022, offering his representation to block voter-approved Measure 114 from taking effect. He began work three days later and, facing a brief timeline to seek a federal injunction, the attorney worked through the weekend.

The agreement, signed by the OFF, called for payment of $500 an hour for the attorney and $250 an hour for paralegals to work on the Measure 114 injunction.

According to Kaempf, the OFF paid the law firm a $60,000 retainer but never paid a further $66,161.82 bill for additional work.

Kaempf prepared and filed an emergency motion for an injunction in the Portland federal court set for a hearing on 7 December 2022.

Kaempf represented the federation during the hearing, but the emergency motion was denied by U.S. District Judge Karin J. Immergut. Immergut set another hearing date for testimony and to rule on issuing a preliminary injunction.

Kaempf prepared a notice to appeal the decision but withdrew the notice a few hours later.

The OFF fired the attorney’s law firm the following day, instructing him to stop working on their behalf. The OFF claimed that it had not authorized Kaempf to prepare an appeal.

Attorney Ross Day, who represented the OFF in the Clackamas County Circuit Court, said Kaempf undertook unauthorized work and failed to provide diligent and conscientious legal services.

Only the Oregon Supreme Court Can Decide

But Judge Litzenberger said only the Oregon Supreme Court has the authority to decide whether the attorney charged the OFF unreasonable fees, or if he performed authorized work.

The judge said the OFF’s complaint should be lodged with the state bar’s Professional Responsibility Board, and ultimately the state’s high court. Furthermore, she did not consider Kaempf’s legal fees excessive, considering the degree of work and diligence required.