2007 Oregon Code - Chapter 9 :: Chapter 9 - Attorneys - Law Libraries
Chapter 9 — Attorneys;
Law Libraries
2007 EDITION
ATTORNEYS; LAW LIBRARIES
COURTS OF RECORD; COURT OFFICERS; JURIES
OREGON STATE BAR
9.005Â Â Â Â Â Â Â Â Definitions
for ORS 9.005 to 9.755
9.010Â Â Â Â Â Â Â Â Status
of attorney and Oregon State Bar; applicability of statutes
9.025Â Â Â Â Â Â Â Â Board
of governors; number; eligibility; term; effect of membership
9.030Â Â Â Â Â Â Â Â Voting
rights; eligibility of members for board of governors and house of delegates
9.040Â Â Â Â Â Â Â Â Election
of governors; rules; vacancies
9.042Â Â Â Â Â Â Â Â Determination
of eligibility of candidate for board of governors; procedure; review by
Supreme Court
9.050Â Â Â Â Â Â Â Â Recall
of governors
9.060Â Â Â Â Â Â Â Â Officers;
election; vacancies
9.070Â Â Â Â Â Â Â Â Duties
of officers; deposit and disbursement of fees
9.080Â Â Â Â Â Â Â Â Duties
of board of governors; professional liability fund; quorum; status of employees
of bar
9.090Â Â Â Â Â Â Â Â Appropriation
and disbursement of funds
9.100Â Â Â Â Â Â Â Â Statement
of financial condition
9.110Â Â Â Â Â Â Â Â Board
of governors to formulate rules
9.112Â Â Â Â Â Â Â Â Board
of governors to establish minimum continuing legal education requirements
9.114Â Â Â Â Â Â Â Â Mandatory
training on duties relating to reporting child abuse
9.132Â Â Â Â Â Â Â Â Trust
account overdraft notification program
HOUSE OF DELEGATES
9.136Â Â Â Â Â Â Â Â House
of delegates created; membership; terms
9.139Â Â Â Â Â Â Â Â Powers
of house of delegates
9.142Â Â Â Â Â Â Â Â Rules
for conduct of business; meetings
9.145Â Â Â Â Â Â Â Â Public
members
9.148Â Â Â Â Â Â Â Â Participation
by nondelegates; referral of question for mail vote; petition for consideration
or mail vote
9.150Â Â Â Â Â Â Â Â Termination
of delegateÂ’s term
9.152Â Â Â Â Â Â Â Â Election
of delegates; rules
9.155Â Â Â Â Â Â Â Â Recall
of delegate
PRACTICE OF LAW; MEMBERSHIP IN THE BAR
9.160Â Â Â Â Â Â Â Â Bar
membership required to practice law; exceptions
9.162Â Â Â Â Â Â Â Â Definitions
for ORS 9.160 to 9.166
9.164Â Â Â Â Â Â Â Â Investigation
of alleged violation of ORS 9.160
9.166Â Â Â Â Â Â Â Â Enjoining
practicing law without a license; restitution to victim
9.180Â Â Â Â Â Â Â Â Classes
of membership
9.191Â Â Â Â Â Â Â Â Annual
membership fees; professional liability assessments
9.200Â Â Â Â Â Â Â Â Effect
of failure to pay membership fees; reinstatement
9.210Â Â Â Â Â Â Â Â Board
of bar examiners; fees of applicants for admission to bar
9.220Â Â Â Â Â Â Â Â General
requirements for admission
9.241Â Â Â Â Â Â Â Â Practice
of law by attorneys licensed in other jurisdictions; rules; fee
9.242Â Â Â Â Â Â Â Â Advice
on law of foreign jurisdiction; rules
9.250Â Â Â Â Â Â Â Â Order
for admission; oath of qualified applicant
9.261Â Â Â Â Â Â Â Â Resignation
of attorney
9.280Â Â Â Â Â Â Â Â Prohibition
on acting as immigration consultant; definitions; exception
ATTORNEY AND CLIENT RELATIONSHIP
9.310Â Â Â Â Â Â Â Â Attorney
defined; counsel
9.320Â Â Â Â Â Â Â Â Necessity
for employment of attorney; effect of employment
9.330Â Â Â Â Â Â Â Â Authority
of attorney
9.340Â Â Â Â Â Â Â Â Challenge
by party of attorneyÂ’s authority to appear for party
9.350Â Â Â Â Â Â Â Â Challenge
of attorneyÂ’s authority to appear for adverse party
9.360Â Â Â Â Â Â Â Â Compelling
delivery by attorney of money or papers
9.370Â Â Â Â Â Â Â Â Compelling
delivery when attorney claims lien
9.380Â Â Â Â Â Â Â Â Mode
of changing attorneys
9.390Â Â Â Â Â Â Â Â Notice
of change
PROFESSIONAL CONDUCT
9.460Â Â Â Â Â Â Â Â Duties
of attorneys
9.490Â Â Â Â Â Â Â Â Formulation
of rules of professional conduct; prohibition on certain sanctions for
violation of rule
PROHIBITED CONDUCT
9.500Â Â Â Â Â Â Â Â Solicitation
of personal injury business by nonlawyer
9.505Â Â Â Â Â Â Â Â Payment
for referring claims resulting from personal injury or death
9.510Â Â Â Â Â Â Â Â Solicitation
by attorneys
9.515Â Â Â Â Â Â Â Â Referral
of claims, suits or actions between attorneys; division of fees
9.520Â Â Â Â Â Â Â Â Acceptance
and prosecution of solicited claims
BAR DISCIPLINARY PROCEEDINGS
9.527Â Â Â Â Â Â Â Â Grounds
for disbarment, suspension or reprimand
9.528Â Â Â Â Â Â Â Â Advice
on conducting covert operations; participation in covert operations
9.529Â Â Â Â Â Â Â Â Status
of proceedings relating to discipline, admission or reinstatement
9.532Â Â Â Â Â Â Â Â Local
professional responsibility committees; state professional responsibility
board; powers; witnesses, subpoenas; oaths
9.534Â Â Â Â Â Â Â Â Disciplinary
board; procedure before board; oaths; subpoenas; hearing; record
9.536Â Â Â Â Â Â Â Â Disciplinary
board decision; appeal to Supreme Court; review; costs
9.537Â Â Â Â Â Â Â Â Civil
immunity of witnesses, bar officials and employees
9.539Â Â Â Â Â Â Â Â Application
to admission and reinstatement proceedings
9.542Â Â Â Â Â Â Â Â Rules
for investigation of attorneys and applicants; authority of board of governors
to require fingerprints
9.555Â Â Â Â Â Â Â Â Copy
of complaint or notice to Attorney General when bar is plaintiff or defendant;
exceptions
9.565Â Â Â Â Â Â Â Â Tax
return information from Department of Revenue; use
ATTORNEY ASSISTANCE
9.568Â Â Â Â Â Â Â Â State
lawyers assistance committee; personal and practice management assistance
committees; rules; confidentiality; civil immunity
LEGAL SERVICES PROGRAM
9.572Â Â Â Â Â Â Â Â Bar
to establish Legal Services Program; director; advisory and technical
committees
9.574Â Â Â Â Â Â Â Â Funding
of program
9.576Â Â Â Â Â Â Â Â Review
of providers; mediation; hearing; suspension of funding
9.578Â Â Â Â Â Â Â Â Other
funding sources
CLIENT SECURITY FUND
9.615Â Â Â Â Â Â Â Â Definition
for ORS 9.615 to 9.665
9.625Â Â Â Â Â Â Â Â Plan
to relieve client losses; rules
9.635Â Â Â Â Â Â Â Â Sources
of client security fund
9.645Â Â Â Â Â Â Â Â Annual
payment by state bar members
9.655Â Â Â Â Â Â Â Â Investigation
of claim of loss; subpoena
9.657Â Â Â Â Â Â Â Â Immunity
from civil liability
9.665Â Â Â Â Â Â Â Â Authority
for reimbursement of client; waiver of conditions; subrogation for amount paid
SEARCH OR SEIZURE OF LAWYER FILES OR PREMISES
9.695Â Â Â Â Â Â Â Â Status
of files or work premises of lawyer; inadmissibility of evidence subject to
search or seizure
ASSUMING PRACTICE OF NONPERFORMING ATTORNEY
9.705Â Â Â Â Â Â Â Â Definitions
for ORS 9.705 to 9.755
9.710Â Â Â Â Â Â Â Â Jurisdiction
of circuit court when attorney fails to devote adequate attention to practice
or to interests of clients
9.715Â Â Â Â Â Â Â Â Effect
of failure to respond to inquiry from bar
9.720Â Â Â Â Â Â Â Â Court
assuming law practice; hearing
9.722Â Â Â Â Â Â Â Â Temporary
protective order
9.725Â Â Â Â Â Â Â Â Appointment
of custodians of law practice; duties of custodian and court
9.730Â Â Â Â Â Â Â Â Restriction
of custodianÂ’s practice
9.735Â Â Â Â Â Â Â Â Compensation
of custodian
9.740Â Â Â Â Â Â Â Â Court
orders appealable; stay
9.745Â Â Â Â Â Â Â Â Statutes
of limitation suspended
9.750Â Â Â Â Â Â Â Â Applicability
of lawyer-client privilege to examination of files and records
9.755Â Â Â Â Â Â Â Â Final
report of custodian; petition for compensation; court approval
LAW LIBRARIES
9.760Â Â Â Â Â Â Â Â Judicial
department library services; fees
9.780Â Â Â Â Â Â Â Â Exchange
of legal publications
9.790Â Â Â Â Â Â Â Â Legislative
Counsel furnishing copies of codes and session laws for exchange
9.800Â Â Â Â Â Â Â Â
9.820Â Â Â Â Â Â Â Â Law
libraries in
9.830Â Â Â Â Â Â Â Â Disposition
of library fees in
9.840Â Â Â Â Â Â Â Â Law
libraries in counties other than
9.850Â Â Â Â Â Â Â Â Disposition
of library fees in counties other than
PENALTIES
9.990Â Â Â Â Â Â Â Â Penalties
OREGON STATE BAR
     9.005
Definitions for ORS 9.005 to 9.755. As used in ORS 9.005 to 9.755, unless the context or subject matter
requires otherwise:
     (1) “Attorney” and “member” mean a member
of the bar.
     (2) “Board” and “board of governors” mean
the board of governors of the bar.
     (3) “Delegate” means a delegate of the
house of delegates of the Oregon State Bar.
     (4) “Executive director” means the chief
administrative employee of the bar, appointed by the board. The executive
director may, but need not be, a member of the bar; and the executive director
shall serve at the boardÂ’s discretion and shall perform such duties as the
board shall prescribe.
     (5) “Governor” means a member of the board
of governors of the bar.
     (6) “House” and “house of delegates” mean
the house of delegates of the Oregon State Bar.
     (7) “Oregon State Bar,” “state bar” and “bar”
mean the Oregon State Bar created by the State Bar Act set forth in ORS 9.005
to 9.755.
     (8) “Rules of procedure” means the rules
of procedure relative to admission, discipline, resignation and reinstatement
of members of the bar adopted by the board and approved by the Supreme Court. [1975
c.641 §2; 1979 c.252 §14; 1995 c.302 §15; 1997 c.249 §5]
     9.010
Status of attorney and Oregon State Bar; applicability of statutes. (1) An attorney, admitted to practice in
this state, is an officer of the court.
     (2) The Oregon State Bar is a public
corporation and an instrumentality of the Judicial Department of the government
of the State of
     (3) The bar is subject to the following
statutes applicable to public bodies:
     (a) ORS 30.210 to 30.250.
     (b) ORS 30.260 to 30.300.
     (c) ORS 30.310, 30.312, 30.390 and 30.400.
     (d) The
     (e) ORS 192.410 to 192.505.
     (f) ORS 192.610 to 192.690.
     (g) ORS 243.401 to 243.507.
     (h) ORS 244.010 to 244.040.
     (i) ORS 297.110 to 297.230.
     (j) ORS chapters 307, 308 and 311.
     (k) ORS 731.036 and 737.600.
     (4) Except as provided in subsection (3)
of this section, the bar is not subject to any statute applicable to a state
agency, department, board or commission or public body unless the statute
expressly provides that it is applicable to the Oregon State Bar.
     (5) The
     (6) No obligation of any kind incurred or
created under this section shall be, or be considered, an indebtedness or
obligation of the State of
     9.020 [Amended by 1971 c.103 §1; repealed by 1973
c.114 §5]
     9.025
Board of governors; number; eligibility; term; effect of membership. (1) The Oregon State Bar shall be governed
by a board of governors consisting of 16 members. Twelve of the members shall
be active members of the Oregon State Bar, who on appointment, on nomination,
on election and during the full term for which the member was appointed or
elected, maintain the principal office of law practice in the region of this
state in which the active members of the Oregon State Bar eligible to vote in
the election at which the member was elected maintain their principal offices.
Four of the members shall be appointed by the board of governors from among the
public. They shall be residents of this state and shall not be active or
inactive members of the Oregon State Bar. No person charged with official
duties under the executive and legislative departments of state government,
including but not limited to elected officers of state government, may serve on
the board of governors. Any other person in the executive or legislative
department of state government who is otherwise qualified may serve on the
board of governors.
     (2) For the purpose of eligibility for
nomination and to vote in the election of a member of the board of governors
who is an elective member, and for appointment to the board of governors, the
State of
     (3) Members of the board of governors may
be elected only by the active members of the Oregon State Bar who maintain
their principal offices in the regions established by the board. The term of a
member of the board is four years.
     (4) No judge of a municipal, state or
federal court or any other full-time judicial officer, shall be eligible for
appointment or election to the board of governors.
     (5) The term of any member of the board of
governors shall terminate on the date of the death or resignation of the
member, or if the member is required to be a member of the Oregon State Bar, the
term terminates on the date:
     (a) Of the termination of active
membership in the Oregon State Bar by the member for any reason;
     (b) When the member discontinues to
maintain the principal office of practice in the region in which it was
maintained at the time of the appointment or election of the member; or
     (c) When the member assumes office as a
judge of a municipal, state or federal court, or fills a full-time judicial
office.
     (6) No member of the board of governors
shall be eligible, during the term of office, for service pro tempore as a
judge of any municipal, state or federal court. [1973 c.114 §1; 1981 c.193 §3;
1993 c.307 §1; 1995 c.302 §1]
     9.030
Voting rights; eligibility of members for board of governors and house of
delegates. Active members
shall vote in and be eligible for nomination and election to the board of
governors and house of delegates from the region in which they maintain their
principal offices. [Amended by 1971 c.103 §2; 1973 c.114 §2; 1995 c.302 §16]
     9.040
Election of governors; rules; vacancies. (1) The election of governors shall be held annually on a date set by
the board of governors. Nomination shall be by petition signed by at least 10
members entitled to vote for such nominee. Election shall be by ballot.
Nominating petitions must be filed with the executive director of the bar. The
board shall establish a deadline for filing nominating petitions.
     (2)(a) The executive director shall mail
ballots, containing the nominations for the office of governor in each region,
to every eligible active member in such region. Ballots must be returned in
person or by mail to the executive director on or before the day of the
election in order to be counted. The executive director shall canvass the votes
and record the result thereof.
     (b) The board by rule may provide for
electronic elections in lieu of using mailed ballots under paragraph (a) of
this subsection. Rules adopted under this paragraph may provide for electronic
distribution of election materials and electronic tabulation of votes.
     (3) In a region in which only one position
is to be filled, the candidate receiving the highest vote shall be declared
elected. If a region has more than one position to be filled, the candidate
with the most votes received shall be declared elected, the candidate with the
next highest number of votes received shall then be declared elected, and so on
until all positions are filled. The balloting shall be so conducted that only
eligible active members can vote, and the secrecy of the ballot shall be
preserved.
     (4) Notwithstanding subsection (1) of this
section, the board may not conduct an election for any position for which only
a single candidate has been nominated. If only a single candidate has been
nominated, the board shall declare the single candidate elected to the position
on a date specified by the board.
     (5) A vacancy in the office of elective
member of the board of governors that occurs more than 24 months before the
expiration of the term shall be filled for the remainder of the term by a
governor elected at a special election held in the manner provided in this
section as soon as possible after the occurrence of the vacancy, or as provided
in subsection (4) of this section if only a single candidate is nominated. The
vacancy may be filled for the period between the occurrence of the vacancy and
the election of a new governor by a person appointed by the board. A vacancy in
the office of elective member that occurs 24 months or less before the
expiration of the term shall be filled for the remainder of the term by a
person appointed by the board.
     (6) A vacancy in the office of public
member of the board of governors shall be filled for the remainder of the term
by a governor appointed by the board. [Amended by 1973 c.114 §3; 1979 c.252 §15;
1985 c.512 §1; 1995 c.302 §2; 2001 c.297 §1; 2003 c.192 §1; 2005 c.347 §1]
     9.042
Determination of eligibility of candidate for board of governors; procedure;
review by Supreme Court. (1)
Upon the written request of any member of the bar, or upon the boardÂ’s own
motion, the board of governors shall determine the eligibility of a candidate
for the board. A request under this section must be filed with the executive
director within 30 days after the final day on which nominating petitions for
the board are required to be filed. The board shall give written notice of the
request to the candidate whose eligibility will be determined. The board shall
provide an opportunity to the candidate to respond on the issue of the
candidateÂ’s eligibility.
     (2) The board shall give written notice to
the candidate, and to any member of the bar who has requested a determination
on the eligibility of the candidate under the provisions of this section, of
the boardÂ’s determination on the candidateÂ’s eligibility. The notice must be
given not later than 75 days after the final day on which nominating petitions
for the board are required to be filed. The notice shall state the specific
grounds for the boardÂ’s determination.
     (3) A candidate, or a member of the bar
who has requested a determination on the eligibility of a candidate under the
provisions of this section, may file a petition for review of the boardÂ’s
determination with the Supreme Court. The petition for review must be filed
within 15 days only after notice is given to a candidate or member under
subsection (2) of this section.
     (4) Upon the timely filing of a petition
for review under subsection (3) of this section, the Supreme Court has
jurisdiction to resolve all issues arising under the Oregon Constitution, state
statutes, rules of the court and rules of the board that are related to the
eligibility of candidates for the board.
     (5) The board of governors shall establish
procedures for the implementation of subsections (1) and (2) of this section.
The procedures shall be designed to insure that there will be a final
determination on the eligibility of a candidate for the board no later than 10
days before the mailing of the ballots to members of the bar in the election
that is affected by the determination.
     (6) This section provides the exclusive
procedure for challenging the eligibility of a candidate for the board. No
other administrative or judicial proceeding may be brought to challenge the
eligibility of a candidate for the board. [1993 c.307 §3]
     9.050
Recall of governors. (1) On
petition signed by 25 percent of the members in any region for the recall of
any governor elected from that region, the executive director shall serve
notice as soon as possible on the governor informing the governor that the
petition has been filed. If the governor does not resign within 10 days after
the date the notice is served, the executive director shall mail ballots to
each active member of the bar within the region eligible to vote, submitting
the question whether the governor shall be recalled. If a majority of the
members voting at the election vote in favor of the recall, the governor is
recalled.
     (2) On the affirmative vote of two-thirds
of the entire membership of the board of governors, the board shall refer the
question of the recall of any governor from any region to a vote of the members
of that region. The executive director shall serve notice as soon as possible
on the governor informing the governor that the board has approved a recall
election. If the governor does not resign within 10 days after the notice is
served, the executive director shall mail ballots to each active member of the
bar within the region eligible to vote, submitting the question whether the
governor shall be recalled. If a majority of the members voting at the election
vote in favor of the recall, the governor is recalled.
     (3) The board of governors shall approve
the ballot and any information submitted to the members in connection with a
recall vote. [Amended by 1973 c.114 §4; 1979 c.252 §16; 2003 c.14 §8; 2005
c.347 §2]
     9.060
Officers; election; vacancies.
A president, president-elect and two vice presidents shall be elected by the
governors each year immediately following the annual election of governors and
before the newly elected governors have qualified. The president,
president-elect and vice presidents shall be elected from among the attorney
board members. All officers shall continue in office until their successors are
elected and qualify. Vacancies in any of the offices shall be filled by the
board by appointment for the remainder of the term. All officers shall take
office as provided by the bar bylaws. [Amended by 1985 c.512 §2; 1991 c.726 §1;
1995 c.302 §3]
     9.070
Duties of officers; deposit and disbursement of fees. (1) The president shall preside at all
meetings of the house of delegates and of the board of governors, and in the
presidentÂ’s absence or inability to act, the president shall designate another
officer to preside. Other duties of the president, president-elect and vice
presidents shall be such as the board of governors may prescribe.
     (2) All fees shall be paid into the
treasury of the state bar, and when so paid shall become part of its funds and
shall be disbursed only on order of the board of governors. [Amended by 1981
c.193 §4; 1991 c.331 §1; 1995 c.302 §4]
     9.080
Duties of board of governors; professional liability fund; quorum; status of
employees of bar. (1) The
state bar shall be governed by the board of governors, except as provided in
ORS 9.136 to 9.155. The board is charged with the executive functions of the
state bar and shall at all times direct its power to the advancement of the
science of jurisprudence and the improvement of the administration of justice.
It shall have the authority to adopt, alter, amend and repeal bylaws and to
adopt new bylaws containing provisions for the regulation and management of the
affairs of the state bar not inconsistent with law.
     (2)(a) The board shall have the authority
to require all active members of the state bar engaged in the private practice
of law whose principal offices are in Oregon to carry professional liability
insurance and shall be empowered, either by itself or in conjunction with other
bar organizations, to do whatever is necessary and convenient to implement this
provision, including the authority to own, organize and sponsor any insurance
organization authorized under the laws of the State of Oregon and to establish
a lawyerÂ’s professional liability fund. This fund shall pay, on behalf of
active members of the state bar engaged in the private practice of law whose
principal offices are in Oregon, all sums as may be provided under such plan
which any such member shall become legally obligated to pay as money damages
because of any claim made against such member as a result of any act or
omission of such member in rendering or failing to render professional services
for others in the memberÂ’s capacity as an attorney or caused by any other
person for whose acts or omissions the member is legally responsible. The board
shall have the authority to assess each active member of the state bar engaged
in the private practice of law whose principal office is in Oregon for
contributions to such fund, to establish definitions of coverage to be provided
by such fund and to retain or employ legal counsel to represent such fund and
defend and control the defense against any covered claim made against such
member. The board shall have the further authority to offer optional
professional liability coverage on an underwritten basis above the minimum
required coverage limits provided under such fund, either through such fund,
through a separate fund or through any insurance organization authorized under
the laws of the State of Oregon, and may do whatever is necessary and convenient
to implement this provision. Any fund so established shall not be subject to
the Insurance Code of the State of
     (b) For purposes of paragraph (a) of this
subsection, an attorney is not engaged in the private practice of law if the
attorney is a full-time employee of a corporation other than a corporation
incorporated under ORS chapter 58, the state, an agency or department thereof,
a county, city, special district or any other public or municipal corporation
or any instrumentality thereof. However, an attorney who practices law outside
of the attorneyÂ’s full-time employment is engaged in the private practice of
law.
     (c) For the purposes of paragraph (a) of
this subsection, the principal office of an attorney is considered to be the
location where the attorney engages in the private practice of law more than 50
percent of the time engaged in that practice. In the case of an attorney in a
branch office outside Oregon and the main office to which the branch office is
connected is in Oregon, the principal office of the attorney is not considered
to be in Oregon unless the attorney engages in the private practice of law in
Oregon more than 50 percent of the time engaged in the private practice of law.
     (3) The board may appoint such committees,
officers and employees as it deems necessary or proper and fix and pay their
compensation and necessary expenses. At any meeting of the board, two-thirds of
the total number of members then in office shall constitute a quorum. It shall
promote and encourage voluntary county or other local bar associations.
     (4) Except as provided in this subsection,
an employee of the state bar shall not be considered an “employee” as the term
is defined in the public employeesÂ’ retirement laws. However, an employee of
the state bar may, at the option of the employee, for the purpose of becoming a
member of the Public Employees Retirement System, be considered an “employee”
as the term is defined in the public employeesÂ’ retirement laws. The option,
once exercised by written notification directed to the Public Employees
Retirement Board, may not be revoked subsequently, except as may otherwise be
provided by law. Upon receipt of such notification by the Public Employees
Retirement Board, an employee of the state bar who would otherwise, but for the
exemption provided in this subsection, be considered an “employee,” as the term
is defined in the public employeesÂ’ retirement laws, shall be so considered.
The state bar and its employees shall be exempt from the provisions of the
State Personnel Relations Law. No member of the state bar shall be considered
an “employee” as the term is defined in the public employees’ retirement laws,
the unemployment compensation laws and the State Personnel Relations Law solely
by reason of membership in the state bar. [Amended by 1955 c.463 §2; 1975 c.641
§3; 1977 c.527 §1; 1979 c.508 §1; 1983 c.128 §2; 1985 c.486 §1; 1989 c.1052 §5;
1995 c.302 §17]
     9.090
Appropriation and disbursement of funds. The board may make appropriations and disbursements from the funds of
the bar and pay all necessary expenses. [Amended by 1969 c.314 §5; 1979 c.252 §17]
     9.100
Statement of financial condition. The board shall have prepared annually a statement explaining the
financial condition of the state bar for the 12 months preceding. Such
statement shall be submitted by the executive director promptly to the Chief
Justice of the Supreme Court. [Amended by 1991 c.726 §2]
     9.110
Board of governors to formulate rules. The board of governors may formulate and declare rules for carrying
out the functions of the state bar. [Amended by 1975 c.641 §4; 1981 c.193 §5;
1995 c.302 §5]
     9.112
Board of governors to establish minimum continuing legal education
requirements. The board of
governors shall by rule establish minimum continuing legal education
requirements for all active members of the Oregon State Bar. Rules adopted by
the board of governors are subject to review by the Supreme Court. [1999 c.953 §3]
     9.114
Mandatory training on duties relating to reporting child abuse. The Oregon State Bar shall require that
attorneys complete one hour of training every three years designed to provide
education on the duties of attorneys under ORS 419B.010. All training under
this section shall be applied by the bar against the hours of continuing legal
education required of attorneys as a condition of membership in the bar or as a
condition to the practice of law in this state. Credit acquired under this
section shall be applied first against any requirement of continuing legal
education relating to ethics. [1999 c.953 §2]
     9.120 [Repealed by 1995 c.302 §23]
     9.130 [Amended by 1979 c.508 §2; 1981 c.193 §2;
1983 c.373 §1; repealed by 1995 c.302 §23]
     9.132
Trust account overdraft notification program. (1) Subject to the requirements of ORS 9.490, the Supreme Court may
establish a trust account overdraft notification program for attorneys.
     (2) The board of governors may adopt
regulations for the administration of a trust account overdraft notification
program established under this section. Regulations adopted under this
subsection are binding upon all members of the bar only after those regulations
are approved by the Supreme Court. [1993 c.131 §2]
HOUSE OF
DELEGATES
     9.136
House of delegates created; membership; terms. (1) The house of delegates of the Oregon
State Bar is created. The house consists of elected and ex officio voting
delegates. All delegates must be active members of the state bar except for the
public members of the board of governors and the public members appointed by
the board pursuant to ORS 9.145.
     (2) The members of the board of governors
of the Oregon State Bar are ex officio voting delegates.
     (3) The chairperson of each Oregon State
Bar section is an ex officio voting delegate.
     (4) The elected president of each county
bar association is an ex officio voting delegate. Not more than one county bar
association from each county may be represented by a delegate under this subsection.
     (5) Elected delegates shall be elected
from the regions established by ORS 9.025 and an additional region composed of
all areas not located in this state. Only active members of the bar may vote
for delegates. A member who maintains a principal office in one of the regions
established by ORS 9.025 may vote for delegates from the region where the
member maintains the office. A member who does not maintain a principal office
in this state but who has an address on file with the bar may vote for delegates
from the region composed of all areas not located in this state.
     (6) Each region shall elect at least five
delegates. If more than 550 active members maintain their principal offices in
the region, the members shall elect delegates as follows:
     (a) The members shall elect one delegate
for each 100 members who maintain their principal offices in the region.
     (b) The members shall elect one additional
delegate if more than 50 members who maintain their principal offices in the
region are not accounted for after the allocation provided for in paragraph (a)
of this subsection.
     (7) Elected delegates shall serve for
terms of three years. A vacancy in the office of an elected delegate shall be
filled for the remainder of the term by a delegate appointed by the board of
governors.
     (8) An elected delegate may not serve as a
member of the board of governors, as a section chairperson or as a county bar
association president during the delegateÂ’s term.
     (9) For the purposes of this section, “county
bar association” means a general purpose bar association established by the
lawyers of one or more counties for the purpose of maintaining good
professional relations between members of the bench and of the bar in the
county or counties, and for the purpose of improving the administration of
justice in the county or counties. [1995 c.302 §7; 2001 c.297 §2]
     9.139
Powers of house of delegates.
(1) The delegates at a meeting of the house of delegates may, by a vote of the
majority of the delegates attending the meeting, do either of the following:
     (a) Modify or rescind an action or
decision of the board of governors.
     (b) Direct the board of governors as to
future action.
     (2) The board of governors is bound by a
decision of the house of delegates made in the manner prescribed by subsection
(1) of this section.
     (3) The power of the house of delegates to
direct, modify or rescind an action or decision of the board of governors under
subsection (1) of this section does not include the power:
     (a) To invalidate payments previously made
at the direction of the board;
     (b) To direct, modify or rescind any
assessment by the board for contributions to a professional liability fund
established under ORS 9.080; or
     (c) To direct, modify or rescind any other
action or decision by the board that is subject to control, approval or review
by the Supreme Court.
     (4) Subsection (3)(c) of this section does
not affect the ability of the house of delegates to formulate disciplinary
rules under ORS 9.490. [1995 c.302 §8]
     9.142
Rules for conduct of business; meetings. (1) The board of governors shall formulate rules for the conduct of
the business of the house of delegates. Rules adopted by the board become
effective upon the adoption of the rules by the house of delegates. The
president of the Oregon State Bar may call special meetings of the house. The
president shall call a special meeting of the house if 25 or more delegates
make a written request for a special meeting. A majority of the total number of
delegates constitutes a quorum for any regular or special meeting of the house.
     (2) The board of governors shall set a
time and place for the annual meeting of the house of delegates. At the annual
meeting, the board of governors shall submit to the house of delegates reports
of the proceedings by the board since the last meeting of the house, reports of
the officers and committees of the state bar and recommendations of the board. [1995
c.302 §9]
     9.145
Public members. The board of
governors shall appoint a public member delegate for each region established by
ORS 9.025. A public member delegate shall serve a three-year term. A vacant
public member delegate position shall be filled for the remainder of the term
by a delegate appointed by the board of governors. The appointment of public member
delegates shall be made by the board before the time set for the election of
delegates under ORS 9.152. The term of a public member delegate shall commence
on the same date that the term of an elected delegate commences. [1995 c.302 §10;
2001 c.297 §3]
     9.148
Participation by nondelegates; referral of question for mail vote; petition for
consideration or mail vote.
(1) Active members of the Oregon State Bar may participate in the discussion of
matters before the house of delegates, but only delegates may vote. The house
of delegates may by rule impose restrictions on participation by members of the
state bar who are not delegates.
     (2) The board of governors or the house of
delegates, acting on its own motion, may refer to the members of the bar by mail
ballot any question or measure considered by the board or house to be
appropriate for submission to a vote of the members. Referral may be made under
this subsection at any time.
     (3) Active members of the state bar, by
written petition signed by at least two percent of all active members, may have
placed on the agenda of a meeting of the house of delegates any question or
measure appropriate for a vote of the house. The petition shall contain the
full text of the question or measure proposed. The petition must be filed with
the executive director at least 45 days before the annual or special meeting of
the house specified in the petition at the meeting when the petitioners seek to
have the question or measure considered.
     (4) Active members of the state bar, by
written petition signed by no fewer than five percent of all active members,
may request that the board of governors submit to a vote of the members any
question or measure. The board of governors shall submit the question or
measure to a vote of the members of the bar if the question or measure is
appropriate for a vote of the members. The initiative petition must contain the
full text of the question or measure proposed. [1995 c.302 §11]
     9.150
Termination of delegateÂ’s term.
The term of service of any delegate shall end upon the death or resignation of
the delegate. If the delegate is an attorney delegate, the term of service
shall end on the date that the delegate:
     (1) Terminates the delegate’s active
membership in the Oregon State Bar for any reason;
     (2) Ceases to maintain the delegate’s
principal office in the region the delegate was appointed or elected to
represent;
     (3) Takes office as a member of the board
of governors, as a chairperson of a state bar section or as a county bar
association president; or
     (4) Is recalled pursuant to ORS 9.155. [1995
c.302 §12; 2001 c.297 §4]
     9.152
Election of delegates; rules.
(1) The election of delegates to the house of delegates shall be held annually
on a date set by the board of governors. Except as provided in subsection (2)
of this section, nominations shall be made by petition signed by at least 10
members of the Oregon State Bar entitled to vote for a delegate in the
election. The election shall be by ballot. Nominating petitions must be filed with
the executive director of the state bar at least 30 days before the election.
     (2)(a) The executive director shall mail
ballots containing the nominations for the office of delegate in each region to
every active member in the region. Ballots may be delivered in person or by
mail to the executive director, but must be received by the executive director
on or before the day of the election. The executive director, with any
assistants that the executive director may designate, shall canvass the votes
and record the results of the election.
     (b) The board by rule may provide for
electronic elections in lieu of using mailed ballots under paragraph (a) of
this subsection. Rules adopted under this paragraph may provide for electronic
distribution of election materials and electronic tabulation of votes.
     (3) The candidate, or candidates if there
is more than one open position, receiving the highest number of votes in each
region for the position or positions being filled shall be declared elected.
Balloting shall be conducted in a manner than ensures that only active members
of the bar can vote and that the secrecy of the ballots shall be preserved.
     (4) The nomination petition for a delegate
from the region composed of all areas not located in this state need only be
signed by the candidate for the position.
     (5) Notwithstanding subsection (1) of this
section, an election shall not be held for any position for which only a single
candidate has been nominated. If only a single candidate has been nominated,
the board shall declare the single candidate elected to the position on a date
specified by the board. [1995 c.302 §13; 2001 c.297 §5; 2003 c.192 §2]
     9.155
Recall of delegate. Upon the
filing of a petition with the Oregon State Bar signed by 25 percent of the members
of the bar from a region for the recall of a delegate elected from that region,
the executive director shall serve notice on the delegate of the filing of the
petition. If the delegate does not resign within 15 days after the date that
the notice is served, the executive director shall mail ballots to each member
of the bar within the region. The ballots shall submit the question of whether
the delegate should be recalled. If a majority of the members voting in the
election vote in favor of the recall, the delegate is recalled and the position
held by the delegate becomes vacant upon the executive directorÂ’s declaration
of the results of the election. [1995 c.302 §14; 2001 c.297 §6]
PRACTICE OF
LAW; MEMBERSHIP IN THE BAR
     9.160
Bar membership required to practice law; exceptions. (1) Except as provided in this section, a
person may not practice law or represent that person as qualified to practice
law unless that person is an active member of the Oregon State Bar.
     (2) Subsection (1) of this section does
not affect the right to prosecute or defend a cause in person as provided in
ORS 9.320.
     (3) An individual licensed under ORS
696.022 acting in the scope of the individualÂ’s license to arrange a real
estate transaction, including the sale, purchase, exchange, option or lease
coupled with an option to purchase, lease for a term of one year or longer or
rental of real property, is not engaged in the practice of law in violation of
subsection (1) of this section.
     (4) A title insurer authorized to do business
in this state, a title insurance agent licensed under the laws of this state or
an escrow agent licensed under the laws of this state is not engaged in the
practice of law in violation of subsection (1) of this section if, for the
purposes of a transaction in which the insurer or agent provides title
insurance or escrow services, the insurer or agent:
     (a) Prepares any satisfaction,
reconveyance, release, discharge, termination or cancellation of a lien,
encumbrance or obligation;
     (b) Acts pursuant to the instructions of
the principals to the transaction as scrivener to fill in blanks in any
document selected by the principals;
     (c) Presents to the principals to the
transaction for their selection any blank form prescribed by statute, rule,
ordinance or other law; or
     (d) Presents to the principals to the
transaction for their selection a blank form prepared or approved by a lawyer
licensed to practice law in this state for one or more of the following:
     (A) A mortgage.
     (B) A trust deed.
     (C) A promissory note.
     (D) An assignment of a mortgagee’s
interest under a mortgage.
     (E) An assignment of a beneficial interest
under a trust deed.
     (F) An assignment of a seller’s or buyer’s
interest under a land sale contract.
     (G) A power of attorney.
     (H) A subordination agreement.
     (I) A memorandum of an instrument that is
to be recorded in place of the instrument that is the subject of the
memorandum.
     (5) In performing the services permitted
in subsection (4) of this section, a title insurer, a title insurance agent or
an escrow agent may not draft, select or give advice regarding any real estate
document if those activities require the exercise of informed or trained
discretion.
     (6) The exemption provided by subsection
(4) of this section does not apply to any acts relating to a document or form
that are performed by an escrow agent under subsection (4)(b), (c) or (d) of
this section unless the escrow agent provides to the principals to the
transaction a notice in at least 12-point type as follows:
______________________________________________________________________________
     YOU WILL BE REVIEWING, APPROVING AND
SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE
SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND
OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD
CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR
ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE
NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.
______________________________________________________________________________
     (7) The exemption provided by subsection
(4) of this section does not apply to any acts relating to a document or form
that are performed by an escrow agent under subsection (4)(b), (c) or (d) of
this section for a real estate sale and purchase transaction in which all or
part of the purchase price consists of deferred payments by the buyer to the
seller unless the escrow agent provides to the principals to the transaction:
     (a) A copy of any proposed instrument of
conveyance between the buyer and seller to be used in the transaction;
     (b) A copy of any proposed deferred
payment security instrument between the buyer and seller to be used in the
transaction; and
     (c) A copy of any proposed promissory note
or other evidence of indebtedness between the buyer and seller to be used in
the transaction.
     (8) The notice and copies of documents
that must be provided under subsections (6) and (7) of this section must be
delivered in the manner most likely to ensure receipt by the principals to the
transaction at least three days before completion of the transaction. If copies
of documents have been provided under subsection (7) of this section and are
subsequently amended, copies of the amended documents must be provided before
completion of the transaction.
     (9) Failure of any person to comply with
the requirements of subsections (3) to (8) of this section does not affect the
validity of any transaction and may not be used as a basis to challenge any
transaction. [Amended by 2003 c.260 §1; 2007 c.319 §24]
     9.162
Definitions for ORS 9.160 to 9.166. As used in ORS 9.160 to 9.166 and 9.280, unless the context or subject
matter requires otherwise:
     (1) “Person” means a human being and where
appropriate, a public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
     (2) “Restitution” means full, partial or
nominal payment of pecuniary damages to a victim.
     (3) “Victim” means any person who the
court determines has suffered pecuniary damages as a result of any other personÂ’s
violation of ORS 9.160. [1987 c.860 §2]
     9.164
Investigation of alleged violation of ORS 9.160. Upon written complaint of any person or upon
its own initiative, the Board of Governors of the Oregon State Bar shall
investigate any alleged violation of ORS 9.160. [1987 c.860 §3]
     9.166
Enjoining practicing law without a license; restitution to victim. If the board has reason to believe that a
person is practicing law without a license, the board may maintain a suit for
injunctive relief in the name of the Oregon State Bar against any person
violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from
practicing law without a license. Any person who has been so enjoined may be
punished for contempt by the court issuing the injunction. An injunction may be
issued without proof of actual damage sustained by any person. The court shall
order restitution to any victim of any person violating ORS 9.160. The
prevailing party may recover its costs and attorney fees in any suit for
injunctive relief brought under this section in which the board is the
plaintiff. [1987 c.860 §4; 2001 c.300 §57; 2003 c.260 §3; 2003 c.670 §6]
     9.180
Classes of membership. All
persons admitted to practice law in this state thereby shall become active
members of the bar. Every member shall be an active member unless, at the
memberÂ’s request, or for reasons prescribed by statute, the rules of the Supreme
Court, or the rules of procedure, the member is enrolled as an inactive member.
An inactive member may, on compliance with the rules of the Supreme Court and
the rules of procedure and payment of all required fees, again become an active
member. Inactive members shall not hold office or vote, but they shall have
such other privileges as the board may provide. [Amended by 1961 c.499 §1; 1979
c.252 §18]
     9.190 [Amended by 1957 c.271 §1; 1961 c.138 §1;
part renumbered 9.200 (2); repealed by 1969 c.602 §1 (9.191 enacted in lieu of
9.190)]
     9.191
Annual membership fees; professional liability assessments. (1) Except as provided in subsection (2) of
this section, the annual membership fees to be paid by members of the Oregon
State Bar shall be established by the Board of Governors of the Oregon State
Bar, and each year notice of the proposed fees for the coming year shall be
published and distributed to the membership not later than 20 days before the
annual meeting of the house of delegates. Any increase in annual membership
fees over the amount established for the preceding year must be approved by a
majority of delegates of the house of delegates voting thereon at the annual
meeting of the house of delegates. The board shall establish the date by which
annual membership fees must be paid.
     (2) The board shall establish prorated
membership fees payable for the year that a member is admitted to the practice
of law in this state. If the new member is admitted on or before the date
established by the board for the payment of annual membership fees under
subsection (1) of this section, the new member must pay the full annual
membership fees established under subsection (1) of this section.
     (3) In establishing annual membership
fees, the board shall consider and be guided by the anticipated financial needs
of the state bar for the year for which the fees are established, time periods
of membership and active or inactive status of members. Annual membership fees
may include any amount assessed under any plan for professional liability
insurance for active members engaged in the private practice of law whose
principal offices are in
     9.200
Effect of failure to pay membership fees; reinstatement. (1) Any member in default in payment of
membership fees established under ORS 9.191 (1) for a period of 90 days, or any
person in default in payment of membership fees established under ORS 9.191 (2)
for a period of 30 days after admission or as otherwise provided by the board,
or any member in default in payment of assessed contributions to a professional
liability fund under ORS 9.080 (2) for a period of 30 days, shall, after 60
daysÂ’ written notice of the delinquency, be suspended from membership in the
bar. The notice of delinquency shall be sent by the executive director, by
registered or certified mail, to the member in default at the last-known
post-office address of the member. Failure to pay the fees or contributions
within 60 days after the date of the deposit of the notice in the post office
shall automatically suspend the delinquent member. The names of all members
suspended from membership for nonpayment of fees or contributions shall be
certified by the executive director to the State Court Administrator and to
each of the judges of the Court of Appeals, circuit and tax courts of the
state.
     (2) An active member delinquent in the
payment of such fees or contributions shall not be entitled to vote.
     (3) A member suspended for delinquency in
payment of such fees or contributions shall be reinstated only on compliance
with the rules of the Supreme Court and the rules of procedure and payment of
all required fees or contributions. [Amended by 1957 c.271 §1; 1961 c.499 §2;
subsection (2) formerly part of 9.190; 1979 c.508 §4a]
     9.210
Board of bar examiners; fees of applicants for admission to bar. The Supreme Court shall appoint 12 members
of the Oregon State Bar to a board of bar examiners. The Supreme Court shall
also appoint two public members to the board who are not active or inactive
members of the Oregon State Bar. The board shall examine applicants and
recommend to the Supreme Court for admission to practice law those who fulfill
the requirements prescribed by law and the rules of the Supreme Court. With the
approval of the Supreme Court, the board may fix and collect fees to be paid by
applicants for admission, which fees shall be paid into the treasury of the
bar. [Amended by 1979 c.252 §20; 1981 c.193 §6]
     9.220
General requirements for admission. An applicant for admission as attorney must apply to the Supreme Court
and show that the applicant:
     (1) Is at least 18 years old, which proof
may be made by the applicantÂ’s affidavit.
     (2)(a) Is a person of good moral character
and fit to practice law.
     (b) For purposes of this section and ORS
9.025, 9.070, 9.110, 9.210, 9.250 and 9.527, the lack of “good moral character”
may be established by reference to acts or conduct that reflect moral turpitude
or to acts or conduct which would cause a reasonable person to have substantial
doubts about the individualÂ’s honesty, fairness and respect for the rights of
others and for the laws of the state and the nation. The conduct or acts in
question should be rationally connected to the applicantÂ’s fitness to practice
law.
     (3) Has the requisite learning and
ability, which must be shown by the examination of the applicant, by the judges
or under their direction. However, no rule shall establish any maximum on the
number of times an applicant may apply for and take the bar examination
whenever presented if the reason for refusing admission to practice law is
failure to pass the bar examination. [Amended by 1973 c.827 §2; 1981 c.193 §7;
1983 c.373 §2; 1985 c.599 §1; 1991 c.726 §3; 1995 c.302 §21; 1999 c.171 §3]
     9.230 [Repealed by 1981 c.193 §12]
     9.240 [Amended by 1961 c.499 §3; repealed by 1993
c.213 §2]
     9.241
Practice of law by attorneys licensed in other jurisdictions; rules; fee. (1) Notwithstanding ORS 9.160, the Supreme
Court may adopt rules to govern the appearance in judicial and administrative
proceedings by attorneys who have not been admitted to practice law in this
state. Subject to those rules, an attorney who has not been admitted to
practice law in this state may appear as counsel for a party in an action or
proceeding before a court, or may appear as counsel for a party in an
administrative proceeding, if the attorney is associated with an active member
of the Oregon State Bar.
     (2) Notwithstanding ORS 9.160, the Supreme
Court may adopt rules pursuant to the procedures established by ORS 9.490 that
allow attorneys who have not been admitted to practice law in this state to
practice law in Oregon on a temporary basis, including performing transactional
or prelitigation work.
     (3) The Supreme Court may by rule require
the payment of a fee by an attorney appearing as counsel for a party in an
action or proceeding before a court under the provisions of subsection (1) of
this section. All amounts collected from any fee imposed by the Supreme Court
under the provisions of this subsection shall be deposited with the Oregon
State Bar and are continuously appropriated to the Oregon State Bar. Amounts
appropriated to the Oregon State Bar under this subsection may be used only for
the funding of legal services provided through the Legal Services Program
established under ORS 9.572 and for expenses incurred by the Oregon State Bar
in the administration of the Legal Services Program and in collecting fees
imposed under this subsection. [1993 c.213 §1; 2001 c.223 §1; 2003 c.260 §5]
     9.242
Advice on law of foreign jurisdiction; rules. (1) The Supreme Court may adopt rules permitting a person licensed to
practice law in a foreign jurisdiction to advise on the law of that foreign
jurisdiction in
     (2) As used in this section, “foreign
jurisdiction” means any nation, country, state, political or other entity other
than any state of the
     9.250
Order for admission; oath of qualified applicant. (1) If the Supreme Court finds that an
applicant for admission as an attorney is 18 years of age or more, is of good
moral character and fit to practice law, and possesses the requisite learning
and ability to practice as an attorney in all the courts of this state, the
court shall enter an order that the applicant be admitted to practice as an
attorney. The order shall specify that admission take effect upon the applicant
taking the oath required by subsection (2) of this section.
     (2) The applicant shall execute a written
oath that in the practice of law the applicant will support the Constitution
and laws of the
     9.260 [Amended by 1953 c.604 §1; 1979 c.252 §21;
repealed by 1989 c.1052 §7 (9.261 enacted in lieu of 9.260)]
     9.261
Resignation of attorney. (1)
An attorney may resign from membership in the bar pursuant to rules adopted by
the board under ORS 9.542. After acceptance of the resignation by the Supreme
Court, the attorney shall not be entitled to the rights nor subject to the
disabilities or prohibitions incident to membership, except that the attorney
is still subject to the power of the court in respect to matters arising prior
to the resignation.
     (2) An attorney who has resigned may be
readmitted to practice only in compliance with rules adopted pursuant to ORS
9.542. [1989 c.1052 §8 (enacted in lieu of 9.260)]
     9.270 [Amended by 1953 c.604 §1; 1961 c.499 §4;
1971 c.193 §17; 1979 c.252 §22; repealed by 1989 c.1052 §26]
     9.280
Prohibition on acting as immigration consultant; definitions; exception. (1) It shall be a violation of ORS 9.160 for
any person to engage in the business or act in the capacity of an immigration
consultant in this state, for compensation, unless the person is an active
member of the Oregon State Bar.
     (2) As used in this section, unless the
context or subject matter requires otherwise:
     (a) “Immigration consultant” means any
person who gives advice on an immigration matter, including but not limited to
drafting an application, brief, document, petition or other paper or completing
a form provided by a federal or state agency in an immigration matter.
     (b) “Immigration matter” means any
proceeding, filing or action affecting the immigration or citizenship status of
any person which arises under immigration and naturalization law, executive
order or presidential proclamation, or action of the United States Department
of Homeland Security, the United States Department of Justice, the United
States Department of State or the United States Department of Labor.
     (3) This section does not apply to any
person or qualified designated entity authorized by federal law to represent
persons before the United States Department of Homeland Security or the United
States Department of Justice. [1987 c.860 §5; 2007 c.61 §1]
ATTORNEY AND
CLIENT RELATIONSHIP
     9.310
Attorney defined; counsel.
An attorney is a person authorized to represent a party in the written
proceedings in any action, suit or proceeding, in any stage thereof. An
attorney, other than the one who represents the party in the written
proceedings, may also represent a party in court, or before a judicial officer,
in which case the attorney is known as counsel, and the authority of the
attorney is limited to the matters that transpire in the court or before such
officer at the time.
     9.320
Necessity for employment of attorney; effect of employment. Any action, suit, or proceeding may be
prosecuted or defended by a party in person, or by attorney, except that the
state or a corporation appears by attorney in all cases, unless otherwise
specifically provided by law. Where a party appears by attorney, the written
proceedings must be in the name of the attorney, who is the sole representative
of the client of the attorney as between the client and the adverse party,
except as provided in ORS 9.310. [Amended by 1975 c.451 §171]
     9.330
Authority of attorney. An
attorney has authority to bind the attorneyÂ’s client in any of the proceedings
in an action, suit or proceeding, by the attorney and client agreement, filed
with the clerk or entered in the appropriate record of the court. The attorney
also has authority to receive money or property claimed by the client in an
action, suit or proceeding, during the pendency thereof, or within three years
after judgment, and upon the payment or delivery thereof to discharge the claim
or acknowledge satisfaction of the judgment. This section does not prevent a
party from employing a new attorney to issue execution upon a judgment or to
take other proceedings prescribed by law for its enforcement, and when the
party does so, the authority of the former attorney ceases. [Amended by 1985
c.540 §23; 2003 c.576 §277]
     9.340
Challenge by party of attorneyÂ’s authority to appear for party. If it is alleged by a party for whom an
attorney appears that the attorney does so without authority, and the
allegation is verified by the affidavit of the party, the court may, if it
finds the allegation true, at any stage of the proceedings relieve the party
for whom the attorney has assumed to appear from the consequences of the
attorneyÂ’s acts.
     9.350
Challenge of attorneyÂ’s authority to appear for adverse party. The court or judge thereof may, on motion of
either party and on showing reasonable grounds therefor, require the attorney
for an adverse party to prove the authority under which the attorney appears,
and until the attorney does so, may stay all proceedings by the attorney on
behalf of the party for whom the attorney assumes to appear.
     9.360
Compelling delivery by attorney of money or papers. When an attorney refuses to deliver over
money or papers to a person from whom or for whom the attorney has received
them in the course of professional employment, the attorney may be required by
an order of the court in which a judicial proceeding was prosecuted or
defended, or if none were prosecuted or defended, then by an order of the
circuit court or judge thereof for the county where such attorney resides or
may be found, to do so within a specified time, or show cause why the attorney
should not be punished for a contempt.
     9.370
Compelling delivery when attorney claims lien. If an attorney claims a lien, under the
provisions of ORS 87.430, upon the money or papers subject to delivery under
ORS 9.360, the court shall:
     (1) Impose, as a condition of making the
order, the requirement that the client give security, in form and amount to be
directed, to satisfy the lien when determined in an action or suit;
     (2) Summarily inquire into the facts on
which the claim of a lien is founded, and determine the same; or
     (3) Direct the trial of the controversy by
a jury, or refer it, and upon the verdict or report, determine the same as in
other cases. [Amended by 1975 c.648 §70; 1991 c.67 §2; 2003 c.14 §9]
     9.380
Mode of changing attorneys.
The attorney in an action, suit or proceeding may be changed, or the
relationship of attorney and client terminated, as follows:
     (1) Before judgment or final
determination, upon the consent of the attorney filed with the clerk or entered
in the appropriate record of the court; or
     (2) At any time, upon the order of the
court or judge thereof, based on the application of the client or the attorney,
for good and sufficient cause. [Amended by 1985 c.540 §24; 2003 c.576 §278]
     9.390
Notice of change. When an
attorney is changed as provided in ORS 9.380, written notice of the change and
of the substitution of a new attorney, or of the appearance of the party in
person, shall be given to the adverse party. Until then the adverse party is
bound to recognize the former attorney.
     9.400 [1987 c.774 §8; renumbered 20.340 in 1997]
PROFESSIONAL
CONDUCT
     9.460
Duties of attorneys. An
attorney shall:
     (1) Support the Constitution and laws of
the
     (2) Employ, for the purpose of maintaining
the causes confided to the attorney, such means only as are consistent with
truth, and never seek to mislead the court or jury by any artifice or false
statement of law or fact;
     (3) Maintain the confidences and secrets
of the attorneyÂ’s clients consistent with the rules of professional conduct
established pursuant to ORS 9.490; and
     (4) Never reject, for any personal
consideration, the cause of the defenseless or the oppressed. [Amended by 1989
c.1052 §9; 1991 c.726 §5]
     9.470 [Repealed by 1965 c.353 §2]
     9.480 [Amended by 1965 c.353 §1; 1981 c.193 §9;
renumbered 9.527]
     9.490
Formulation of rules of professional conduct; prohibition on certain sanctions
for violation of rule. (1)
The board of governors, with the approval of the house of delegates given at
any regular or special meeting, shall formulate rules of professional conduct,
and when such rules are adopted by the Supreme Court, shall have power to
enforce the same. Such rules shall be binding upon all members of the bar.
     (2) A court of this state may not order
that evidence be suppressed or excluded in any criminal trial, grand jury
proceeding or other criminal proceeding, or order that any criminal prosecution
be dismissed, solely as a sanction or remedy for violation of a rule of
professional conduct adopted by the Supreme Court. [Amended by 1995 c.302 §19;
1995 c.708 §2]
PROHIBITED
CONDUCT
     9.500
Solicitation of personal injury business by nonlawyer. No person shall solicit within the state any
business on account of a claim for personal injuries to any person, or solicit
any litigation on account of personal injuries to any person within the state,
and any contract wherein any person not an attorney agrees to recover, either
through litigation or otherwise, any damages for personal injuries to any
person shall be void.
     9.505
Payment for referring claims resulting from personal injury or death. No person shall offer or promise payment of
money or other consideration, or accept any offer or promise of payment of
money or other consideration, nor shall any person pay or accept money or other
consideration, for referring to an attorney any claim for damage resulting from
personal injury or death. [1961 c.561 §1]
     9.510
Solicitation by attorneys.
No attorney shall solicit business at factories, mills, hospitals or other
places, or retain members of a firm or runners or solicitors for the purpose of
obtaining business on account of personal injuries to any person, or for the
purpose of bringing damage suits on account of personal injuries.
     9.515
Referral of claims, suits or actions between attorneys; division of fees. (1) Nothing contained in ORS 9.505 shall
prevent referral of claims, suits or actions between attorneys.
     (2) The provisions of ORS 9.505 shall not
prohibit the referral of claims, suits or actions between attorneys or the
dividing of fees for legal services with another lawyer consistent with the
rules of professional conduct adopted pursuant to ORS 9.490. [1961 c.561 §§2,3;
1989 c.1052 §10]
     9.520
Acceptance and prosecution of solicited claims. No attorney shall accept from a solicitor
described in ORS 9.500 any claim for damages, or bring an action for damages on
account of any claim obtained from such solicitor. Any agreement between an
attorney and such solicitor regarding compensation to be paid to the attorney
or solicitor is void.
     9.525 [1975 c.641 §8; repealed by 1983 c.618 §1]
BAR
DISCIPLINARY PROCEEDINGS
     9.527
Grounds for disbarment, suspension or reprimand. The Supreme Court may disbar, suspend or
reprimand a member of the bar whenever, upon proper proceedings for that
purpose, it appears to the court that:
     (1) The member has committed an act or
carried on a course of conduct of such nature that, if the member were applying
for admission to the bar, the application should be denied;
     (2) The member has been convicted in any
jurisdiction of an offense which is a misdemeanor involving moral turpitude or
a felony under the laws of this state, or is punishable by death or
imprisonment under the laws of the United States, in any of which cases the
record of the conviction shall be conclusive evidence;
     (3) The member has willfully disobeyed an
order of a court requiring the member to do or forbear an act connected with
the legal profession;
     (4) The member is guilty of willful deceit
or misconduct in the legal profession;
     (5) The member is guilty of willful
violation of any of the provisions of ORS 9.460 or 9.510;
     (6) The member is guilty of gross or
repeated negligence or incompetence in the practice of law; or
     (7) The member has violated any of the
provisions of the rules of professional conduct adopted pursuant to ORS 9.490. [Formerly
9.480; 1989 c.1052 §11]
     9.528
Advice on conducting covert operations; participation in covert operations. (1) Notwithstanding ORS 9.527 (4), the
attorneys listed in subsection (2) of this section:
     (a) May provide legal advice and direction
to the officers and employees of a public body, as defined in ORS 192.410, or
to the officers and employees of the federal government, on conducting covert
activities for the purpose of enforcing laws, even though the activities may
require the use of deceit or misrepresentation; and
     (b) May participate in covert activities
that are conducted by public bodies, as defined in ORS 192.410, for the purpose
of enforcing laws, or in covert activities that are conducted by the federal
government for the purpose of enforcing laws, even though the participation may
require the use of deceit or misrepresentation.
     (2) The provisions of this section apply
to the Attorney General, the Deputy Attorney General, assistant attorneys
general, district attorneys, deputy district attorneys and any other attorney
employed by, or working on behalf of, a public body, as defined in ORS 192.410,
or the federal government. [2001 c.667 §2]
     9.529
Status of proceedings relating to discipline, admission or reinstatement. Bar proceedings relating to discipline,
admission and reinstatement are neither civil nor criminal in nature. They are
sui generis and within the inherent power of the Supreme Court to control. The
grounds for denying any applicant admission or reinstatement or for the
discipline of attorneys set forth in ORS 9.005 to 9.755 are not intended to
limit or alter the inherent power of the Supreme Court to deny any applicant
admission or reinstatement to the bar or to discipline a member of the bar. [1983
c.618 §3; 1997 c.249 §9]
     9.530 [Repealed by 1965 c.353 §2]
     9.532
Local professional responsibility committees; state professional responsibility
board; powers; witnesses; subpoenas; oaths. (1) The board of governors shall create local professional
responsibility committees to investigate the conduct of attorneys. The
composition and authority of local professional responsibility committees shall
be as provided in the rules of procedure.
     (2) The board of governors shall also
create a state professional responsibility board to review the conduct of
attorneys and to institute disciplinary proceedings against members of the bar.
The composition and authority of the state professional responsibility board
shall be as provided in the rules of procedure.
     (3)(a) The state professional
responsibility board and local professional responsibility committees shall
have the authority to take evidence, administer oaths or affirmations, and
issue subpoenas to compel the attendance of witnesses, including the member
being investigated, and the production of books, papers and documents
pertaining to the matter under investigation.
     (b) A witness in an investigation
conducted by the state professional responsibility board or
a local professional responsibility committee who testifies falsely, fails to
appear when subpoenaed, or fails to produce any books, papers or documents
pursuant to subpoena, shall be subject to the same orders and penalties to
which a witness before a circuit court is subject. The state professional
responsibility board or local professional responsibility committees may
enforce any subpoena issued pursuant to paragraph (a) of this subsection by
application to any circuit court.
     (c) Any member of the state professional
responsibility board or a local professional responsibility committee may
administer oaths or affirmations and issue any subpoena provided for in
paragraph (a) of this subsection. [1983 c.618 §4]
     9.534
Disciplinary board; procedure before board; oaths; subpoenas; hearing; record. (1) The Supreme Court shall appoint a
disciplinary board to hear formal charges against members of the bar. The
composition and authority of, and procedure before, the disciplinary board or
panels thereof shall be as provided in the rules of procedure.
     (2) A member, formally accused of
misconduct by the bar, shall be given reasonable written notice of the charges
against the member, a reasonable opportunity to defend against the charges, the
right to be represented by counsel, and the right to examine and cross-examine
witnesses. The member shall also have the right to appear and testify, and the
right to the issuance of subpoenas for attendance of witnesses and the
production of books, papers or documents in the defense of the member.
     (3) Rules of evidence and discovery in disciplinary
proceedings shall be as provided in the rules of procedure.
     (4)(a) The disciplinary board shall have
the authority to take evidence, administer oaths or affirmations, and issue
subpoenas to compel the attendance of witnesses, including the accused member,
and the production of books, papers and documents pertaining to the matter
before the disciplinary board.
     (b) A witness in a disciplinary proceeding
who testifies falsely, fails to appear when subpoenaed, or fails to produce any
books, papers or documents pursuant to subpoena, shall be subject to the same
orders and penalties to which a witness before a circuit court is subject.
Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced
by application to any circuit court.
     (c) Any member of the disciplinary board
may administer oaths or affirmations and issue any subpoena provided for in
paragraph (a) of this subsection.
     (5) The hearing before the disciplinary
board shall be held in the county in which the member charged maintains an
office for the practice of law, the county in which the member resides, or the
county in which the offense is alleged to have been committed. With the consent
of the member, the hearing may be held elsewhere in the state.
     (6) A record of all hearings shall be made
and preserved by the disciplinary board. [1983 c.618 §5]
     9.535 [1975 c.641 §9; 1979 c.450 §1; repealed by
1983 c.618 §1]
     9.536
Disciplinary board decision; appeal to Supreme Court; review; costs. (1) Upon the conclusion of a hearing, the
disciplinary board shall file with the State Court Administrator a written
decision in the matter. The Oregon State Bar or the accused may seek review of
the decision by the Supreme Court. Such review shall be a matter of right upon
the request of either party. Otherwise, the decision of the disciplinary board
shall be final. The procedure for seeking discretionary review and on review
shall be as provided in the rules of procedure.
     (2) When a matter is before the Supreme
Court for review, the court shall consider the matter de novo and may adopt,
modify or reject the decision of the disciplinary board in whole or in part and
thereupon enter an appropriate order.
     (3) The Supreme Court, or the disciplinary
board in cases where its decision has become final, may award judgment in any
bar proceeding for all or part of a partyÂ’s actual and necessary costs and
disbursements incurred. The procedures for recovery of such costs and
disbursements shall be the same as in civil cases.
     (4) The State Court Administrator shall
enter any judgment for costs and disbursements in the records of the Supreme
Court and shall forward a certified copy of the judgment to the clerk of the
circuit court of the county in which the member or applicant resides or
maintains an office for the practice of law or other business. If a judgment
for costs and disbursements is entered against the bar, the State Court
Administrator shall forward a certified copy of the judgment to the clerk of
the circuit court of the county in which the bar maintains its principal place
of business. On receipt of a certified copy of the judgment, the clerk of the
circuit court shall file it and cause it to be entered in the circuit court
register. Such judgment shall thereafter have the same force and effect, may be
enforced by execution in the same manner, may be extended in the same manner
and, upon payment, shall be satisfied in the same manner as other judgments
entered in circuit court. [1983 c.618 §6; 1985 c.540 §25; 1991 c.790 §2; 1997
c.149 §1; 2003 c.192 §4; 2003 c.576 §175]
     9.537
Civil immunity of witnesses, bar officials and employees. (1) Any person who has made a complaint to
the bar concerning the conduct of an attorney, or who has given information or
testimony in or relative to a proposed or pending admission, reinstatement or
disciplinary proceeding shall be absolutely immune from civil liability for any
such acts.
     (2) The Oregon State Bar, its officers,
the members of local professional responsibility committees, the state
professional responsibility board, the board of bar examiners, the board of
governors, the disciplinary board, and bar counsel, investigators and employees
of the bar shall be absolutely immune from civil liability in
the performance of their duties relative to proposed or
pending admission, reinstatement or disciplinary proceedings. [1983 c.618 §7]
     9.539
Application to admission and reinstatement proceedings. ORS 9.534 and 9.536 apply to admission and
reinstatement proceedings to the extent provided in the rules of procedure.
However, the Supreme Court shall review the decisions of the disciplinary board
in all such matters. [1983 c.618 §8]
     9.540 [Amended by 1961 c.499 §5; 1971 c.193 §18;
repealed by 1973 c.490 §1 (9.541 enacted in lieu of 9.540)]
     9.541 [1973 c.490 §2 (enacted in lieu of 9.540);
repealed by 1975 c.641 §13]
     9.542
Rules for investigation of attorneys and applicants; authority of board of
governors to require fingerprints. (1) The board of governors, subject to the approval of the Supreme
Court, may adopt rules of procedure relating to the investigation of the
conduct of attorneys and applicants for admission and reinstatement to the bar,
and relating to the conduct of admission, reinstatement and disciplinary
proceedings.
     (2) For the purpose of requesting a state
or nationwide criminal records check under ORS 181.534, the board of governors
may require the fingerprints of a person who is applying for admission or
reinstatement to the bar or for renewal of a license issued by the bar. [1983
c.618 §9; 2005 c.730 §56]
     9.545 [1983 c.617 §2 (enacted in lieu of 9.595);
1999 c.171 §1; renumbered 9.568 in 1999]
     9.550 [Amended by 1961 c.499 §6; 1973 c.490 §3;
1975 c.641 §6; 1979 c.252 §23; repealed by 1983 c.618 §1]
     9.555
Copy of complaint or notice to Attorney General when bar is plaintiff or
defendant; exceptions. (1)
Upon commencement of any action in which the bar is a plaintiff, the bar shall
mail a copy of the complaint by certified or registered mail, return receipt
requested, to the Attorney General and shall file proof of such mailing with
the court.
     (2) When the bar is served with summons
and complaint in an action in which the bar is named as a defendant, the bar
shall give notice to the Attorney General by mailing a copy of the summons and
complaint to the Attorney General by certified or registered mail, return
receipt requested, within five working days of the date of service on the bar.
     (3) The notice provisions of subsections
(1) and (2) of this section shall not apply to matters involving admission of
any applicant to the bar, discipline or reinstatement of a member of the bar or
claims made against a member of the bar for which the professional liability
fund of the bar may be obligated to pay money damages under ORS 9.080 (2). [1985
c.446 §3]
     9.560 [Amended by 1963 c.106 §1; 1973 c.490 §4;
1975 c.641 §7; 1979 c.252 §24; repealed by 1983 c.618 §1]
     9.565
Tax return information from Department of Revenue; use. The Department of Revenue may furnish to the
Oregon State Bar the name and address, if known, of any person admitted to
practice law in this state who prepares a return or report permitted or
required to be filed with the department for another, and may also furnish to
the bar the name and address of the taxpayer, in instances where the department
has reasonable grounds to believe the person preparing the return or report
prepared it in violation of any provision of ORS 9.460 to 9.542 or 9.705 to
9.755 or the disciplinary rules adopted thereunder. The department shall
provide a statement of the basis for its belief that a violation may have
occurred. The bar and any person, board or committee described in ORS 9.537
(2), shall use the names, addresses and information furnished under this
section solely in the enforcement of ORS 9.460 to 9.542 or 9.705 to 9.755 or
the disciplinary rules adopted thereunder. Any information disclosed by the
department pursuant to this section may be used in any bar proceeding relating
to the discipline, admission or reinstatement of the person preparing the
return or report. [1985 c.602 §10; 1999 c.171 §2]
ATTORNEY
ASSISTANCE
     9.568
State lawyers assistance committee; personal and practice management assistance
committees; rules; confidentiality; civil immunity. (1)(a) The board of governors of the Oregon
State Bar may create a state lawyers assistance committee for the purpose of
implementing a lawyers assistance program and, pursuant thereto, authorize the
state lawyers assistance committee to investigate and resolve complaints or
referrals regarding lawyers whose performance or conduct may impair their
ability to practice law or their professional competence.
     (b) The board may adopt rules for the
operation of the state lawyers assistance committee.
     (c) The purpose of the state lawyers
assistance committee is the provision of supervision and assistance to those
lawyers whose performance or conduct may impair their ability to practice law
or their professional competence.
     (2)(a) In addition to the state lawyers
assistance committee created under subsection (1) of this section, the board
may create personal and practice management assistance committees to provide
assistance to lawyers who are suffering from impairment or other circumstances
that may adversely affect professional competence or conduct. Personal and
practice management assistance committees may also provide advice and training
to lawyers in practice management.
     (b) The board may adopt rules governing
the provision of assistance to lawyers by personal and practice management
assistance committees.
     (c) The purpose of a personal and practice
management assistance committee is the provision of completely confidential
assistance, advice and training to lawyers in a manner that fosters maximum
openness in communications between a lawyer and the committee and that
encourages a lawyer to seek assistance from the committee.
     (3) Any information provided to or
obtained by the state lawyers assistance committee or any personal and practice
management assistance committee, or provided to or obtained by any agent of
those committees, is:
     (a) Confidential;
     (b) Exempt from the provisions of ORS
192.410 to 192.505;
     (c) Not discoverable or admissible in any
civil proceeding without the written consent of the lawyer to whom the
information pertains; and
     (d) Not discoverable or admissible in any
disciplinary proceeding except to the extent provided by rules of procedure
adopted pursuant to ORS 9.542.
     (4) The limitations placed on the
disclosure and admissibility of information in this section shall not apply to
information relating to a lawyerÂ’s noncooperation with the state lawyers
assistance committee or any agent of the committee, or to information otherwise
obtained by the bar from any other source.
     (5) The board may authorize the state
lawyers assistance committee to act as the monitor or supervisor for lawyers
placed on probation or in diversion in connection with a disciplinary
investigation or proceeding, or who have been conditionally admitted or
reinstated to the practice of law. Any information provided to or obtained by
the state lawyers assistance committee when the committee acts as a monitor or
supervisor under the provisions of this subsection is not subject to subsection
(3) of this section.
     (6) All meetings of the state lawyers
assistance committee and the personal and practice management assistance
committees are exempt from the provisions of ORS 192.610 to 192.690.
     (7) Any person who makes a complaint or
referral to the bar as to the competence of an attorney or provides information
or testimony in connection with the state lawyers assistance committee or any
personal and practice management assistance committee is not subject to an
action for civil damages as a result thereof.
     (8) With respect to their acts in
connection with the state lawyers assistance committee or any personal and
practice management assistance committee, the same privileges and immunities
from civil and criminal proceedings that apply to prosecuting and judicial
officers of the state shall apply to the board, all officers and employees of
the bar, and the members of the committees and their agents.
     (9) For the purposes of this section,
agents of the state lawyers assistance committee or a personal and practice
management assistance committee include investigators, attorneys, counselors,
staff personnel and any other individual or entity acting on behalf of or at
the request of the committees. [Formerly 9.545; 2005 c.347 §3]
     9.570 [Repealed by 1983 c.618 §1]
LEGAL
SERVICES PROGRAM
     9.572
Bar to establish Legal Services Program; director; advisory and technical
committees. (1) The Oregon
State Bar shall by rule establish a Legal Services Program. The program shall
provide standards and guidelines for legal service providers receiving funding
from fees collected under ORS 21.480. The rules shall also provide methods for
evaluating legal service providers. Funding received under the program may be
used only for the provision of legal services to the poor without charge and
for expenses incurred by the Oregon State Bar in the administration of the
Legal Services Program.
     (2) The Oregon State Bar shall appoint a
director of the Legal Services Program established under this section. The bar
shall prescribe the duties of the director and fix the salary of the director.
     (3) The Oregon State Bar may establish any
advisory or technical committees it deems necessary to advise the bar in
establishing and operating the Legal Services Program. [1997 c.801 §73]
     9.574
Funding of program. All fees
collected under the provisions of ORS 21.480 shall be deposited with the State
Court Administrator. Within the first 25 days of the month following the month
in which the fees are collected, the State Court Administrator shall make the
distribution required by ORS 21.480 (5). The remaining funds deposited with the
State Court Administrator shall be deposited by the State Court Administrator
with the Oregon State Bar. All amounts so deposited with the Oregon State Bar
are continuously appropriated to the Oregon State Bar, and may be used only for
the funding of legal services provided through the Legal Services Program
established under ORS 9.572 and for expenses incurred by the Oregon State Bar
in the administration of the Legal Services Program. [1997 c.801 §72; 2003
c.737 §98]
     9.576
Review of providers; mediation; hearing; suspension of funding. (1) The director of the Legal Services
Program appointed under ORS 9.572 shall periodically review legal service
providers who receive funding from fees collected under ORS 21.480. If the
director determines that there are reasonable grounds to believe that a
provider is not in substantial compliance with the standards and guidelines
adopted under ORS 9.572, the director shall negotiate with the provider in an
attempt to bring the program into compliance.
     (2) If the director of the Legal Services
Program is unable to negotiate satisfactory compliance with the standards and
guidelines of the program established by the Oregon State Bar under ORS 9.572,
the director shall give the provider 30 days in which to bring the program into
compliance. If the director concludes that the program is not in compliance at
the end of the 30-day period, the matter shall be submitted to mediation. The
director and the provider shall jointly select a mediator. If the director and
provider are unable to select a mediator within 15 days after the expiration of
the 30-day period, any presiding judge for a judicial district may appoint a
mediator upon the petition of the director.
     (3) If mediation under subsection (2) of
this section fails to produce a resolution of the matter, the director shall
give the provider notice that a hearing will be held not sooner than 30 days
after the date the notice is given. If, after hearing, the director determines
that the provider is not in compliance with the standards and guidelines of the
program and that the provider has failed to show satisfactory progress towards
achieving compliance, the director shall suspend further funding of the program
until such time as the provider makes a showing of compliance. [1997 c.801 §74]
     9.578
Other funding sources. The
Oregon State Bar may apply for, accept and expend moneys from any public or
private source, including the federal government, made available for the
purpose of establishing or funding legal service programs in
     9.580 [Repealed by 1983 c.618 §1]
     9.590 [Repealed by 1953 c.609 §2]
     9.595 [1981 c.193 §11; repealed by 1983 c.618 §1
(9.545 enacted in lieu of 9.595)]
     9.600 [Repealed by 1953 c.609 §2]
     9.610 [Repealed by 1953 c.609 §2]
CLIENT
SECURITY FUND
     9.615
Definition for ORS 9.615 to 9.665. As used in ORS 9.615 to 9.665, “client security fund” means a fund
created under ORS 9.625. [1967 c.546 §2]
     9.620 [Repealed by 1953 c.609 §2]
     9.625
Plan to relieve client losses; rules. The board of governors may adopt a plan to relieve or mitigate
pecuniary losses to the clients of active members caused by dishonest conduct
of those members in their practice of law. The plan may provide for
establishing, administering and dissolving a separate fund and for payments
from that fund to reimburse losses and costs and expenses of administering the
fund. The board may adopt rules of procedure to carry out the plan. The
insurance laws of the state shall not apply to this fund. [1967 c.546 §3; 1975
c.641 §10; 1989 c.1052 §12]
     9.630 [Repealed by 1953 c.609 §2]
     9.635
Sources of client security fund. A client security fund may include:
     (1) Transfers by the board of governors
from other funds of the state bar;
     (2) Voluntary contributions and payments
by members under ORS 9.645;
     (3) Claims recovered under ORS 9.665; and
     (4) Income from investments of the fund. [1967
c.546 §4]
     9.640 [Repealed by 1953 c.609 §2]
     9.645
Annual payment by state bar members. To establish and maintain a client security fund, the board of
governors may require an annual payment by each active member of the state bar.
The payment authorized by this section shall be due at the same time, and
enforced in the same manner, as payment of the annual membership fee. [1967
c.546 §5; 1975 c.641 §11; 1979 c.314 §1; 1983 c.122 §1; 1989 c.1052 §25; 1991
c.726 §6]
     9.650 [Repealed by 1953 c.609 §2]
     9.655
Investigation of claim of loss; subpoena. (1) Upon the filing of a claim, verified under oath, by a client
claiming a pecuniary loss payable from the client security fund, the board of
governors or its designated representative shall determine if the person named
in the claim as the attorney whose dishonest conduct caused the loss was an
active member of the Oregon State Bar engaged in the practice of law in Oregon
at the time of the transaction out of which the claim arose and whether the
transaction arose out of the personÂ’s practice of law in Oregon. The board or
designated representative shall then determine whether the loss was caused by
the personÂ’s dishonest conduct and if the person:
     (a) Has been found guilty of a crime
arising out of the dishonest conduct;
     (b) In the case of a claim of loss of
$5,000 or less, has been disbarred, suspended or reprimanded in disciplinary
proceedings or has resigned from the bar due to circumstances arising out of
the dishonest conduct; or
     (c) Is a judgment debtor under the money
award portion of a judgment entered in favor of the client in a proceeding
arising out of the dishonest conduct, and execution issued on the judgment has
been returned uncollected or issuance of execution would be a useless act.
     (2) At any time after a claim is filed by
a client claiming a pecuniary loss payable from the client security fund, the
board or the boardÂ’s representative may compel by subpoena the person named in
the claim as the attorney whose dishonest conduct caused the loss, or any other
person having knowledge of the matter, to appear for the purpose of giving
testimony, and may compel by subpoena the production of records and documents
pertinent to the claim. The subpoena shall have the same force and effect as in
a civil action in the circuit court, and may be enforced by order of the
circuit court for the county in which the person was served. [1967 c.546 §6;
1975 c.641 §12; 1979 c.383 §1; 1989 c.1052 §13; 2003 c.576 §279; 2005 c.347 §4;
2007 c.59 §1]
     9.657
Immunity from civil liability.
(1) Any person who has made a claim with the client security fund committee of
the bar concerning a loss allegedly caused by the intentional dishonest conduct
of the personÂ’s lawyer, or who has given information to the bar relative to a
proposed or pending client security fund claim shall be absolutely immune from
civil liability for such acts.
     (2) The Oregon State Bar, its officers,
the members of the client security fund committee, the board of governors, bar
counsel, investigators and employees of the bar shall be absolutely immune from
civil liability in the performance of their duties relative to proposed or
pending client security fund claims. [1989 c.1052 §4]
     9.660 [Repealed by 1953 c.609 §2]
     9.665
Authority for reimbursement of client; waiver of conditions; subrogation for
amount paid. (1) Except as
provided in this section, reimbursement from the client security fund is
discretionary with the board of governors.
     (2) The board shall not authorize payment
unless the conditions of ORS 9.655 (1) have been found to exist. However, the
board may, in its sole discretion, waive one or more of the conditions of ORS
9.655 (1) in cases of extreme hardship or special and unusual circumstances.
The state bar is subrogated, in the amount that a clientÂ’s claim is reimbursed
from the client security fund, to all rights and remedies of that client against
the attorney whose dishonest conduct caused the loss, against the estate of the
attorney or against any other person liable for the loss. [1967 c.546 §7; 1989
c.1052 §14; 1991 c.726 §7; 2003 c.14 §10]
     9.670 [Repealed by 1953 c.609 §2]
     9.680 [Repealed by 1953 c.609 §2]
     9.690 [Repealed by 1953 c.609 §2]
SEARCH OR
SEIZURE OF LAWYER FILES OR PREMISES
     9.695
Status of files or work premises of lawyer; inadmissibility of evidence subject
to search or seizure. (1)
Notwithstanding ORS 133.535, the files, papers, effects or work premises of a
lawyer relating to the provision of legal service by the lawyer shall not be
subject to search or seizure by any law enforcement officer, either by search
warrant or otherwise.
     (2) The provisions of subsection (1) of
this section do not apply where there is probable cause to believe that the
lawyer has committed, is committing or is about to commit a crime.
     (3) As used in this section, “lawyer”
means a member of the Oregon State Bar or a person licensed to practice law in
any court of this state or any court of record of the
     (4) Evidence or the fruits thereof
obtained in violation of this section shall be inadmissible in any criminal or
civil action or proceeding, except for an action or suit brought for violation
of this section or the rights protected thereby. [1981 c.908 §1]
     9.700 [Repealed by 1953 c.609 §2]
ASSUMING
PRACTICE OF NONPERFORMING ATTORNEY
     9.705
Definitions for ORS 9.705 to 9.755. As used in ORS 9.705 to 9.755:
     (1) “Affected attorney” means a member or
former member of the Oregon State Bar whose law practice is placed within the
jurisdiction of the court or as to whom a petition has been filed to place such
law practice within the jurisdiction of the court.
     (2) “Law practice” means a practice
conducted by an individual, a partnership or a professional corporation. [1979
c.252 §2; 1985 c.512 §4; 1989 c.1052 §15]
     9.710
Jurisdiction of circuit court when attorney fails to devote adequate attention
to practice or to interests of clients. The circuit court of the county in which an attorney engaged in the
practice of law in this state maintains or has maintained a principal office
shall have jurisdiction as provided in ORS 9.705 to 9.755 whenever such
attorney:
     (1) Without good reason has ceased to
devote or is incapable of devoting time and attention, personally or through
another attorney, to the law practice of the attorney; or
     (2) For any reason has ceased to devote or
is incapable of devoting the time and attention, personally or through another
attorney, to the law practice of the attorney which is necessary to protect the
interests of the clients of the attorney. [1979 c.252 §3; 1985 c.512 §5; 1989
c.1052 §16]
     9.715
Effect of failure to respond to inquiry from bar. If the affected attorney fails to respond or
respond adequately within seven days to an inquiry sent by registered mail or
by certified mail with return receipt from the bar to the last-known address of
that attorney regarding the alleged failure of the affected attorney to serve
and protect adequately the interests of that client of the attorney, either
personally or through another attorney, the board of governors may petition the
court to take jurisdiction over the law practice of an affected attorney as
provided in ORS 9.705 to 9.755. Notice of the filing of the petition, and a
copy thereof, shall be served upon the affected attorney, or if appropriate,
upon the heirs of the affected attorney, personal representatives or
conservators together with notice of time and place for hearing upon said
petition. Service may be made by personal or substituted service as provided by
law for service of a summons, or in the alternative, may be made by certified
or registered mail, return receipt requested, addressed to the affected
attorney at the latest address shown on the official membership records of the
Oregon State Bar or to the personal representative or conservator of the
affected attorney at the latest address shown in the probate proceeding. The
court may prescribe additional alternative methods of service as it deems
necessary to protect the interest of the affected attorney. Hearing upon said
petition shall be held not sooner than five days, nor more than 15 days, after
the filing of the petition. [1979 c.252 §4; 1985 c.512 §6; 1989 c.1052 §17;
1991 c.249 §2]
     9.720
Court assuming law practice; hearing. If after notice and an opportunity to be heard the court finds that it
has jurisdiction and finds that the assumption of such jurisdiction is
necessary in order to protect the interest of the clients of the affected
attorney or to protect the public interest, the court may, by appropriate
order, immediately take jurisdiction over the law practice of the affected
attorney, including all legal files, clientsÂ’ trust funds, clientsÂ’ property
and all books, records, funds and property used in the law practice of the
affected attorney. [1979 c.252 §5]
     9.722
Temporary protective order.
Notwithstanding ORS 9.715 and 9.720, the court may enter a temporary order
authorizing the Oregon State Bar to take specific action to protect the
interests of an attorneyÂ’s clients, an attorneyÂ’s employees or other persons
without giving notice of the petition to the affected attorney, to the heirs of
the affected attorney or to the personal representative or conservator for the
attorney if the bar establishes by affidavit or by verified petition that
immediate and irreparable injury, loss or damage will result to a client of the
attorney, an employee of the attorney or other person if the temporary order is
not entered. [1997 c.135 §2]
     9.725
Appointment of custodians of law practice; duties of custodian and court. (1) If the court assumes jurisdiction under
ORS 9.705 to 9.755, it shall appoint one or more attorneys who are members in
good standing of the Oregon State Bar to act as custodian of the law practice
of the affected attorney. Immediately upon appointment, such custodian
shall take possession and control of all property comprising the law practice
of the affected attorney. The court may order any custodian appointed under ORS
9.705 to 9.755 to do one or more of the following:
     (a) Examine the files and records of the
law practice and obtain information as to any pending matters which may require
attention;
     (b) Notify persons and entities who appear
to be clients of the affected attorney that the court has assumed jurisdiction
and inform such persons that it may be in their best interest to obtain other
legal counsel;
     (c) Apply for extensions of time pending
employment of other counsel by the client;
     (d) File notices, motions and pleadings on
behalf of the client where jurisdictional time limits are involved and other
legal counsel has not yet been obtained;
     (e) Give notice to appropriate persons and
entities who may be affected, other than clients, that the court has assumed
jurisdiction;
     (f) Arrange for the surrender or delivery
of clientsÂ’ papers or property; and
     (g) Do such other acts as the court may
direct to carry out the purposes of ORS 9.705 to 9.755.
     (2) The court shall have jurisdiction over
the files, records and property of the affected attorney for the purposes of
ORS 9.705 to 9.755, and may make all orders necessary or appropriate to protect
the interest of the affected attorney, the clients of the affected attorney and
the public. [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18]
     9.730
Restriction of custodianÂ’s practice. An attorney appointed as custodian under ORS 9.705 to 9.755, and any
professional corporation, partner, associate or person sharing office with such
custodian shall be prohibited from accepting employment by any client of the
affected attorney as to any legal matter pending at the time of the custodianÂ’s
appointment, provided, however, that any act done by such custodian pursuant to
order of the court under ORS 9.705 to 9.755 shall not be deemed acceptance of
employment. [1979 c. 252 §9; 1985 c.512 §8; 1989 c.1052 §19]
     9.735
Compensation of custodian.
The court shall enter a judgment awarding reasonable compensation and expenses
to any attorney who acts as custodian under ORS 9.705 to 9.755. The judgment
shall be against the affected attorney or the estate of the affected attorney.
The judgment is a lien upon all nontrust funds, office furnishings, supplies,
equipment, library and other personal property used in the law practice of the
affected attorney retroactive to the date of filing of the petition for
jurisdiction under ORS 9.705 to 9.755. The judgment lien is subordinate to nonpossessory
liens and security interest created prior to its taking effect, and may be
foreclosed as provided in ORS chapter 87. [1979 c.252 §11; 1985 c.512 §9; 1989
c.1052 §20; 2003 c.576 §225]
     9.740
Court orders appealable; stay.
Jurisdictional and final orders of the circuit court pursuant to ORS 9.705 to
9.755 are appealable but may not be stayed except as ordered by the circuit
court or any appellate court. [1979 c.252 §7; 1985 c.512 §10; 1989 c.1052 §21]
     9.745
Statutes of limitation suspended. Any applicable statute of limitations or time limit for the filing set
by statute or rule of court as it relates to the affected attorneyÂ’s clients
shall be suspended automatically by the filing of a petition for jurisdiction
under ORS 9.705 to 9.755 for a period of 120 days following the date of filing
of such petition. [1979 c.252 §8; 1985 c.512 §11; 1989 c.1052 §22]
     9.750
Applicability of lawyer-client privilege to examination of files and records. Persons examining the files and records of
the law practice of the affected attorney pursuant to ORS 9.705 to 9.755 shall
observe the lawyer-client privilege and shall make disclosure only to the
extent necessary to carry out the purposes of ORS 9.705 to 9.755. Such
disclosure is a disclosure which is reasonably necessary for the accomplishment
of the purpose for which the affected attorney was consulted. The appointment
of such custodian shall not affect the lawyer-client privilege which privilege
shall apply to communications by or to the custodian to the same extent as it
would have applied to communications by or to the affected attorney. [1979
c.252 §10; 1985 c.512 §12; 1989 c.1052 §23]
     9.755
Final report of custodian; petition for compensation; court approval. Whenever the purposes of ORS 9.705 to 9.755
have been accomplished with respect to the law practice of an affected
attorney, the custodian attorney shall file with the court a final report and
accounting of all funds and property coming into the custody of that attorney.
A copy thereof and a copy of the petition of custodian attorney for
compensation and expenses shall be mailed to all persons upon whom service was
made pursuant to ORS 9.715. Upon approval by the court an order shall be
entered approving the final report and accounting, fixing the amount of
compensation and expenses to be allowed to the custodian attorney, and
discharging the custodian attorney from further duties. [1979 c.252 §12; 1985
c.512 §13; 1989 c.1052 §24]
LAW LIBRARIES
     9.760
Judicial department library services; fees. The State Court Administrator may authorize any library of the
judicial department of government to provide photographic or other copies of
any of its materials, and to make reasonable charges for such copies or
services. [Amended by 1959 c.655 §1; 1985 c.308 §2]
     9.770 [Amended by 1959 c.655 §2; repealed by 1985
c.308 §6]
     9.780
Exchange of legal publications.
The State Court Administrator may send, free of charge, one copy of the codes,
session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports
of this state as the same may be published, to each state and foreign country
that exchanges, free of charge, its codes, session laws and equivalent reports
with this state. All legal books and publications received in exchange by the
state shall be added to the collection of the State of
     9.790
Legislative Counsel furnishing copies of codes and session laws for exchange. The Legislative Counsel shall, upon
requisition of the State Court Administrator, supply a sufficient number of
copies of the codes and session laws of this state, as the same may be
published, to carry out the provisions of ORS 9.780. [Amended by 1985 c.308 §4]
     9.800
     9.810 [Repealed by 1985 c.308 §6]
     9.820
Law libraries in
     9.830
Disposition of library fees in
     9.840
Law libraries in counties other than
     9.850
Disposition of library fees in counties other than
PENALTIES
     9.990
Penalties. (1) Any person
who violates ORS 9.160 shall be fined not more than $500 or imprisoned in the
county jail for a period not to exceed six months, or both.
     (2) Any person who violates any of the
provisions of ORS 9.500 or 9.520 commits a Class A violation.
     (3) Any person violating any of the
provisions of ORS 9.505 shall, upon conviction, be fined not more than $1,000
or imprisoned in the county jail for a period not to exceed one year, or both. [Subsection
(3) enacted as 1961 c.561 §4; 1999 c.1051 §143]
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