Chapter 9 - Attorneys; Law Libraries
- 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....
- 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...
- 9.020 [Amended by 1971 c.103 §1; repealed by 1973 c.114 §5]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...
- 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...
- 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...
- 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 board’s own motion, the board of governors shall determine the eligibility...
- 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...
- 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...
- 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 president’s absence or...
- 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...
- 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
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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....
- 9.150 Termination of delegate’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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 9.330 Authority of attorney.
An attorney has authority to bind the attorney’s client in any of the proceedings in an action, suit or proceeding, by the attorney and client...
- 9.340 Challenge by party of attorney’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...
- 9.350 Challenge of attorney’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...
- 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...
- 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...
- 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...
- 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...
- 9.400 [1987 c.774 §8; renumbered 20.340 in 1997]
- 9.460 Duties of attorneys.
An attorney shall: (1) Support the Constitution and laws of the United States and of this state; (2) Employ, for the purpose of maintaining the...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 9.525 [1975 c.641 §8; repealed by 1983 c.618 §1]
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 9.570 [Repealed by 1983 c.618 §1]
- 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...
- 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...
- 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...
- 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...
- 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]
- 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...
- 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...
- 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....
- 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...
- 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...
- 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...
- 9.670 [Repealed by 1953 c.609 §2]
- 9.680 [Repealed by 1953 c.609 §2]
- 9.690 [Repealed by 1953 c.609 §2]
- 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...
- 9.700 [Repealed by 1953 c.609 §2]
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 9.730 Restriction of custodian’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...
- 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...
- 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...
- 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 attorney’s...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 9.800 Sale of surplus codes and session laws.
The State Court Administrator may sell the unused sets of Oregon codes and session laws which are not needed for the purpose of exchanging for...
- 9.810 [Repealed by 1985 c.308 §6]
- 9.820 Law libraries in Multnomah County.
In all counties containing more than 400,000 inhabitants, according to the latest federal decennial census, the county court or board of county commissioners may contract...
- 9.830 Disposition of library fees in Multnomah County.
Fees collected pursuant to ORS 21.350 (1) shall be paid, in the manner determined by the State Court Administrator, to the appropriate officer of the...
- 9.840 Law libraries in counties other than Multnomah County.
The county court of any county containing not more than 400,000 inhabitants, according to the latest federal decennial census, may, after a resolution duly passed...
- 9.850 Disposition of library fees in counties other than Multnomah County.
In all counties containing not more than 400,000 inhabitants, according to the latest federal decennial census, the county court may use such part of the...
- 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...
