Are attorney's fees recoverable in a personal injury action?

There is no dispute that attorney's fees can be considered as an element of damages flowing from a violation of the attorney-client relationship without a specific contractual provision to support the award. See Sizemore v. Swift, 79 Or.App. 352, 719 P.2d 500 (1986) (attorneys' fees from suit to construe will were awarded as part of the damages arising from legal malpractice that consisted of negligent drafting of that will). Similarly, attorney's fees are recoverable in a suit by a lawyer suing a client who has not paid. See Smallwood, 793 P.2d at 161. This is not such a case. The fees were incurred in enforcing the provision of a contract which did not provide for fees. We conclude that under existing Oregon law, the fees should not have been awarded.

The judgment of the district court is AFFIRMED in part and REVERSED in part.