OSB Rules of Procedure (Revised 1/1/2024)
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Current versions of this document are maintained on the OSB website: www.osbar.org
(As approved by the Supreme Court by order dated February 9, 1984 and as amended by Supreme Court orders dated
April 18, 1984; May 31, 1984; July 16, 1984; July 27, 1984; November 1, 1984; June 25, 1985; July 8, 1985; July 22, 1985;
November 29, 198; January 2, 1986; January 24, 1986; March 20, 1986; September 10, 1986; June 30, 1987;
September 24, 1987; October 1, 1987; November 10, 1987; November 24, 1987; December 10, 1987; January 5, 1988;
February 22, 1988; February 23, 1988; July 8, 1988; March 13, 1989; March 31, 1989; June 1, 1989; March 20, 1990;
October 1, 1990; January 10, 1991; April 4, 1991; July 22, 1991; August 2, 1991; January 17, 1992; December 22, 1992;
June 29, 1993; December 13, 1993; December 28, 1993; October 10, 1994; May 15, 1995; November 6, 1995; December 14,
1995; September 30, 1996; June 5, 1997; August 19, 1997, effective October 4, 1997; October 3, 1997; July 10, 1998;
November 30, 1999; February 5, 2001; June 28, 2001; September 6, 2001; June 17, 2003, effective July 1, 2003; July 9, 2003,
effective August 1, 2003; June 17, 2003, effective, January 1, 2004; December 8, 2003, effective January 1, 2004;
December 9, 2004, effective January 1, 2005; January 21, 2005; April 26, 2007; August 29, 2007; January 17, 2008;
March 20, 2008; October 19, 2009; January 1, 2011; December 10, 2010, effective June 1, 2011; July 21, 2011; June 6, 2012;
April 5, 2013; August 13, 2013, effective November 1, 2013); August 10, 2015; May 3, 2017, effective January 1, 2018;
May 22, 2019, effective September 1, 2019; October 27, 2019, effective December 1, 2019; January 9, 2020, effective
January 15, 2020; October 15, 2020, effective November 14, 2020; December 8, 2020; January 26, 2021; November 22,
2021; August 17, 2022, effective July 1, 2023; October 31, 2022, effective November 1, 2022; December 14, 2022, effective
January 1, 2023; August 1, 2023; and December 26, 2023, effective January 1, 2024.)
TABLE OF CONTENTS
TITLE 1 — GENERAL PROVISIONS ......................................................................................................................... 4
RULE 1.1 DEFINITIONS. .................................................................................................................................................. 4
RULE 1.2 AUTHORITY. ................................................................................................................................................... 5
RULE 1.3 NATURE OF PROCEEDINGS. ................................................................................................................................ 6
RULE 1.4 JURISDICTION; CHOICE OF LAW. .......................................................................................................................... 6
RULE 1.5 EFFECTIVE DATE. ............................................................................................................................................. 6
RULE 1.6 CITATION OF RULES. ........................................................................................................................................ 7
RULE 1.7 BAR RECORDS. ................................................................................................................................................ 7
RULE 1.8 SERVICE METHODS. ......................................................................................................................................... 7
RULE 1.9 TIME. ............................................................................................................................................................ 8
RULE 1.10 FILING. ........................................................................................................................................................ 8
RULE 1.11 DESIGNATION OF CONTACT INFORMATION. ......................................................................................................... 8
RULE 1.12 SERVICE OF BAR PLEADINGS OR DOCUMENTS ON OUT-OF-STATE ATTORNEY OR LP. .................................................... 9
RULE 1.13 ELECTRONIC SIGNATURE AND SUBMISSION. ........................................................................................................ 9
RULE 1.14 DECLARATIONS MAY REPLACE AFFIDAVITS. ....................................................................................................... 10
TITLE 2 — STRUCTURE AND DUTIES ................................................................................................................... 10
RULE 2.1 QUALIFICATIONS OF COUNSEL. ......................................................................................................................... 10
RULE 2.2 DISCIPLINARY COUNSEL. ................................................................................................................................. 12
RULE 2.3 STATE PROFESSIONAL RESPONSIBILITY BOARD. .................................................................................................... 13
RULE 2.4 DISCIPLINARY BOARD. .................................................................................................................................... 13
RULE 2.5 INTAKE AND REVIEW OF INQUIRIES AND COMPLAINTS BY THE INTAKE OFFICE. ............................................................ 18
RULE 2.6 INVESTIGATIONS ............................................................................................................................................ 19
RULE 2.7 INVESTIGATIONS OF ALLEGED MISCONDUCT OTHER THAN BY INQUIRY. ..................................................................... 22
RULE 2.8 PROCEEDINGS NOT TO STOP ON COMPROMISE. .................................................................................................. 22
RULE 2.9 REQUESTS FOR INFORMATION AND ASSISTANCE. ................................................................................................. 22
RULE 2.10 DIVERSION. ................................................................................................................................................ 22
TITLE 3 — SPECIAL PROCEEDINGS ...................................................................................................................... 24
RULE 3.1 INTERIM SUSPENSION DURING PENDENCY OF DISCIPLINARY PROCEEDINGS. ............................................................... 24
RULE 3.2 MENTAL INCOMPETENCY OR ADDICTION— INVOLUNTARY TRANSFER TO INACTIVE MEMBERSHIP STATUS. ...................... 26
RULE 3.3 ALLEGATIONS OF CRIMINAL CONDUCT INVOLVING ATTORNEYS AND LPS. .................................................................. 29
Rules of Procedure
OSB Rules of Procedure (Revised 1/1/2024)
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RULE 3.4 CONVICTION OF ATTORNEYS OR LPS. ................................................................................................................. 29
RULE 3.5 RECIPROCAL DISCIPLINE. ................................................................................................................................. 31
RULE 3.6 DISCIPLINE BY CONSENT. ................................................................................................................................ 33
TITLE 4 — PREHEARING PROCEDURE ................................................................................................................. 34
RULE 4.1 FORMAL COMPLAINT. ..................................................................................................................................... 34
RULE 4.2 SERVICE OF FORMAL COMPLAINT. ..................................................................................................................... 35
RULE 4.3 ANSWER. ..................................................................................................................................................... 35
RULE 4.4 PLEADINGS, AMENDMENTS, AND MOTIONS. ....................................................................................................... 36
RULE 4.5 DISCOVERY. .................................................................................................................................................. 37
RULE 4.6 PREHEARING ISSUE NARROWING AND SETTLEMENT CONFERENCE; ORDER. ............................................................... 38
RULE 4.7 PRE-HEARING ORDERS. ................................................................................................................................... 38
RULE 4.8 TRIAL BRIEFS. ................................................................................................................................................ 39
RULE 4.9 MEDIATION .................................................................................................................................................. 39
TITLE 5 — DISCIPLINARY HEARING PROCEDURE ................................................................................................. 39
RULE 5.1 EVIDENCE AND PROCEDURE. ............................................................................................................................ 39
RULE 5.2 BURDEN OF PROOF. ....................................................................................................................................... 39
RULE 5.3 LOCATION OF HEARING; SUBPOENAS; TESTIMONY. ............................................................................................... 40
RULE 5.4 HEARING DATE; CONTINUANCES. ...................................................................................................................... 40
RULE 5.5 PRIOR RECORD. ............................................................................................................................................ 41
RULE 5.6 EVIDENCE OF PRIOR ACTS OF MISCONDUCT. ....................................................................................................... 41
RULE 5.7 CONSIDERATION OF SANCTIONS. ....................................................................................................................... 41
RULE 5.8 DEFAULT. .................................................................................................................................................... 41
RULE 5.9 ATTORNEY ASSISTANCE EVIDENCE. .................................................................................................................... 42
TITLE 6 — SANCTIONS AND OTHER REMEDIES ................................................................................................... 43
RULE 6.1 SANCTIONS. ................................................................................................................................................. 43
RULE 6.2 PROBATION. ................................................................................................................................................. 43
RULE 6.3 DUTIES UPON DISBARMENT OR SUSPENSION. ...................................................................................................... 44
RULE 6.4 ETHICS SCHOOL. ............................................................................................................................................ 45
TITLE 7 — SUSPENSION FOR FAILURE TO RESPOND IN A DISCIPLINARY INVESTIGATION ..................................... 46
RULE 7.1 SUSPENSION FOR FAILURE TO RESPOND TO A REQUEST FOR INFORMATION OR A SUBPOENA. .......................................... 46
TITLE 8 — REINSTATEMENT ............................................................................................................................... 47
RULE 8.1 REINSTATEMENT — FORMAL APPLICATION REQUIRED. ......................................................................................... 47
RULE 8.2 REINSTATEMENT — INFORMAL APPLICATION REQUIRED. ....................................................................................... 49
RULE 8.3 REINSTATEMENT — COMPLIANCE AFFIDAVIT. ..................................................................................................... 51
RULE 8.4 REINSTATEMENT — FINANCIAL, NONCOMPLIANCE WITH MINIMUM CONTINUING LEGAL EDUCATION, OR TRUST ACCOUNT
CERTIFICATION MATTERS. ............................................................................................................................................ 51
RULE 8.5 REINSTATEMENT — NONCOMPLIANCE WITH ETHICS SCHOOL REQUIREMENTS. .......................................................... 52
RULE 8.6 OTHER OBLIGATIONS UPON APPLICATION. ......................................................................................................... 53
RULE 8.7 BOARD INVESTIGATION AND RECOMMENDATION. ................................................................................................ 53
RULE 8.8 PETITION TO REVIEW ADVERSE RECOMMENDATION. ............................................................................................. 54
RULE 8.9 PROCEDURE ON REFERRAL BY SUPREME COURT. .................................................................................................. 54
RULE 8.10 ANSWER TO STATEMENT OF OBJECTIONS. ........................................................................................................ 55
RULE 8.11 HEARING PROCEDURE. ................................................................................................................................. 55
RULE 8.12 BURDEN OF PROOF. ..................................................................................................................................... 55
RULE 8.13 BURDEN OF PRODUCING EVIDENCE. ................................................................................................................ 55
RULE 8.14 REINSTATEMENT AND TRANSFER--ACTIVE PRO BONO. ........................................................................................ 55
TITLE 9 — RESIGNATION .................................................................................................................................... 56
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RULE 9.1 RESIGNATION. .............................................................................................................................................. 56
RULE 9.2 ACCEPTANCE OF RESIGNATION. ........................................................................................................................ 56
RULE 9.3 DUTIES UPON RESIGNATION. ........................................................................................................................... 56
RULE 9.4 EFFECT OF FORM B RESIGNATION. .................................................................................................................... 57
RULE 9.5 EFFECT OF FORM A RESIGNATION AFTER NOVEMBER 30, 2019. ............................................................................. 57
TITLE 10 — REVIEW BY SUPREME COURT ........................................................................................................... 57
RULE 10.1 DISCIPLINARY PROCEEDINGS. ......................................................................................................................... 57
RULE 10.2 REQUEST FOR REVIEW. ................................................................................................................................. 57
RULE 10.3 CONTESTED REINSTATEMENT PROCEEDING. ...................................................................................................... 58
RULE 10.4 FILING IN SUPREME COURT. .......................................................................................................................... 58
RULE 10.5 PROCEDURE IN SUPREME COURT. ................................................................................................................... 58
RULE 10.6 NATURE OF REVIEW. ................................................................................................................................... 59
RULE 10.7 COSTS AND DISBURSEMENTS. ......................................................................................................................... 59
TITLE 11 — TIME REQUIREMENTS ..................................................................................................................... 60
RULE 11.1 FAILURE TO MEET TIME REQUIREMENTS. ......................................................................................................... 60
TITLE 12 — UNLAWFUL PRACTICE OF LAW COMMITTEE .................................................................................... 60
RULE 12.1 APPOINTMENT. ........................................................................................................................................... 60
RULE 12.2 INVESTIGATIVE AUTHORITY. ........................................................................................................................... 60
RULE 12.3 PUBLIC OUTREACH AND EDUCATION. ............................................................................................................... 60
RULE 12.4 ENFORCEMENT. .......................................................................................................................................... 60
TITLE 13 — FORMS ............................................................................................................................................ 60
RULE 13.1 FORMAL COMPLAINT. ................................................................................................................................... 61
RULE 13.2 NOTICE TO ANSWER. .................................................................................................................................... 62
RULE 13.3 ANSWER. ................................................................................................................................................... 63
RULE 13.4 [RESERVED FOR EXPANSION] .......................................................................................................................... 64
RULE 13.5 STATEMENT OF OBJECTIONS TO REINSTATEMENT. .............................................................................................. 64
RULE 13.6 FORM A RESIGNATION. ................................................................................................................................. 65
RULE 13.7 FORM B RESIGNATION. ................................................................................................................................. 66
RULE 13.8 REQUEST FOR REVIEW. ................................................................................................................................. 67
RULE 13.9 COMPLIANCE DECLARATION. .......................................................................................................................... 68
RULE 13.10 COMPLIANCE DECLARATION. ........................................................................................................................ 69
OSB Rules of Procedure (Revised 1/1/2024)
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Title 1 — General Provisions
Rule 1.1 Definitions.
In these rules, unless the context or subject matter requires otherwise:
(a)
“Adjudicator” means the Disciplinary Board statewide adjudicator, one or more of whom is appointed by
the Supreme Court to chair all trial panels and any attorney appointed to serve in the Adjudicator’s role in a
particular proceeding pursuant to BR 2.4(e)(14) or BR 2.4(f)(2).
(b)
“Applicant” means an applicant for reinstatement to the practice of law in Oregon.
(c)
“Attorney” means a person who has been admitted to the practice of law in Oregon.
(d)
“Bar” means Oregon State Bar created by the Bar Act.
(e)
“Bar Act” means ORS Chapter 9.
(f)
“Bar Counsel” means counsel appointed by Disciplinary Counsel to represent the Bar.
(g)
“BBX” means Board of Bar Examiners appointed by the Supreme Court.
(h)
“Board” means Board of Governors of the Bar.
(i)
“Chief Executive Officer” means the chief administrative employee of the Bar.
(j)
“Intake Office” means a department designated by the Bar separate from Disciplinary Counsel that reviews
and responds to inquiries from the public about the conduct of attorneys and LPs.
(k)
“Complainant” means a person who question or raises concerns about the conduct of an attorney
or LP through the Intake Office.
(l)
“Contested Admission” means a proceeding in which the BBX is objecting to the admission of an applicant
to the practice of law after a character review proceeding.
(m)
“Contested Reinstatement” means a proceeding in which the Bar is objecting to the reinstatement of an
attorney or a former attorney or LP or former LP to the practice of law.
(n)
“Disciplinary Board” means the board appointed by the Supreme Court to hear and decide disciplinary and
contested reinstatement proceedings pursuant to these rules.
(o)
“Disciplinary Board Clerk” means the person or persons designated in General Counsel’s Office of the Bar
to receive and maintain records of disciplinary and reinstatement proceedings on behalf of the Disciplinary
Board.
(p)
“Disciplinary Counsel” means disciplinary counsel retained or employed by, and in the office of, the Bar and
shall include such assistants as are from time to time employed by the Bar to assist disciplinary counsel.
(q)
“Disciplinary proceeding” means a proceeding in which the Bar is charging an attorney or LP with
misconduct in a formal complaint.
(r)
“Examiner” means a member of the BBX.
(s)
“Formal complaint” means the document that initiates a formal lawyer or LP discipline proceeding
alleging misconduct and violations of disciplinary rules or statutory provisions.
(t)
“General Counsel” means the General Counsel of the Bar or their designee.
(u)
“Grievance” means an instance of alleged misconduct by an attorney or LP that may be
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investigated by the Intake office or Disciplinary Counsel.
(v)
“Inquiry” means a communication received by the Intake Office pertaining to an attorney or LP that may
or may not allege professional misconduct.
(w)
“Licensed Paralegal” or “LP” means a person who has been admitted to practice in Oregon under a
Licensed Paralegal license.
(x)
“Misconduct” means any conduct which may or does subject an attorney or LP to discipline under the Bar
Act or the rules of professional conduct adopted by the Supreme Court.
(y)
“Regulatory Counsel” means regulatory counsel retained or employed by, and in the office of, the Bar and
shall include such assistants as are from time to time employed by the Bar to assist regulatory counsel.
(z)
“Respondent” means an attorney or LP who is charged with misconduct by the Bar in a formal complaint or
who is the subject of proceedings initiated pursuant to BR 3.1, BR 3.2, BR 3.3, BR 3.4, or BR 3.5.
(aa)
“Rule of Professional Conduct” means the corresponding Rules of Professional Conduct for attorneys,
or the Rules of Professional Conduct for Licensed Paralegals for LPs.
(bb)
“State Court Administrator” means the person who holds the office created pursuant to ORS
8.110.
(cc) “Supreme Court” and “court” mean the Oregon Supreme Court.
(dd) “SPRB” means the State Professional Responsibility Board appointed by the Supreme
Court.
(ee) “Trial Panel” means a three-member panel of the Disciplinary Board.
(ff) “Unlawful Practice of Law Committee” means the committee appointed by the
Supreme Court to carry out the committee’s functions on behalf of the Bar pursuant to ORS
9.164.
(Rule 1.1 amended by Order dated November 10, 1987.)
(Rule 1.1(c) amended by Order dated February 23, 1988.)
(Rule 1.1(i) and (k) amended by Order dated July 22, 1991.)
(Rule 1.1(l) through (w) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 1.1(b) and (i) amended by Order dated October 19, 2009.)
(Former Rule 1.1(a), (p), and I deleted; former Rule 1.1(i), (j), (k), (l), (m), (n), (o), (q), (s), (t), (u), (v), and (w) redesignated
as Rule 1.1(l), (m), (n), (o), (p), (q), (r), (s), (w), (y), (z), (aa), and (bb); Rule 1.1(q), (s), (z), and (aa) amended; Rule 1.1(a), (i),
(j), (k,) (x), and (cc) added by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.1(a) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 1.1(x) added and Rule 1.1 (x), (y), (z), (aa), (bb), and (cc) redesignated as Rule 1.1(y), (z), (aa), (bb), (cc), and (dd) by
Order dated December 8, 2020.)
(Rule 1.1(j), (k), (m), (q), (s), and former Rules 1.1 (w) and (y) amended; Rule 1.1(2) added; former Rules 1.1 (w) through
(dd) redesignated to Rule 1.1 (x) through (ee) by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 1.1(f), (j), (k), (t), (u), (v), and (aa) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.2 Authority.
These “Rules of Procedure” are adopted by the Board and approved by the Supreme Court pursuant to ORS
9.005(8) and ORS 9.542, and govern exclusively the proceedings contemplated in these rules except to the
extent that specific reference is made herein to other rules or statutes. These rules may be amended or
repealed and new rules may be adopted by the Board at any regular meeting or at any special meeting called
for that purpose. No amendment, repeal or new rule shall become effective until approved by the Supreme
Court.
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(Rule 1.2 amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 1.2 amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 1.3 Nature of Proceedings.
Disciplinary and contested reinstatement proceedings are neither civil nor criminal in nature but are sui
generis, and are designed as the means to determine whether an attorney or LP should be disciplined for
misconduct, or whether an applicant’s conduct should preclude the applicant from being reinstated to
membership in the Bar.
(Rule 1.3 amended by Order dated October 19, 2009.)
(Rule 1.3 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 1.3 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.4 Jurisdiction; Choice of Law.
(a)
Jurisdiction after Adoption of Rules of Professional Conduct. Conduct occurring on or after January 1,
2005, by an attorney or LP is governed by Rule of Professional Conduct 8.5.
(b)
Jurisdiction. For conduct occurring on or before December 31, 2004, an attorney admitted to the practice
of law in Oregon, and any attorney specially admitted by a court or agency in Oregon for a particular case, is
subject to the Bar Act and these rules, regardless of where the attorney’s conduct occurs. The Supreme
Court’s jurisdiction over matters involving the practice of law by an attorney shall continue whether or not
the attorney or LP retains the authority to practice law in Oregon, and regardless of the residence of the
attorney or LP. An attorney may be subject to the disciplinary authority of both Oregon and another
jurisdiction in which the attorney is admitted for the same conduct.
(c)
Choice of Law. In any exercise of the disciplinary authority of Oregon involving conduct occurring on or
before December 31, 2004, the rules of professional conduct to be applied shall be as follows:
(1)
For conduct in connection with a proceeding in a court before which an attorney or LP has been
admitted to practice, either generally or for purposes of that proceeding, the rules to be applied shall be
the rules of the jurisdiction in which the court sits, unless the rules of the court provide otherwise; and
(2)
For any other conduct,
(A)
If the attorney is licensed to practice only in Oregon, the rules to be applied shall be the Oregon
Code of Professional Responsibility and the Bar Act; and
(B)
If the attorney is licensed to practice in Oregon and another jurisdiction, the rules to be applied
shall be the rules of the jurisdiction in which the attorney principally practices; provided, however,
that if particular conduct clearly has its predominant effect in another jurisdiction in which the
attorney is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.
(Rule 1.4 amended by Order dated September 30, 1996.)
(Rule 1.4(c) added by Order dated April 26, 2007.)
(Rule 1.4(c) amended by Order dated May 3, 2017, effective January 1,2018.)
(Rule 1.4(a) through (c) amended by Order dated August 17, 2022, effective July 1, 2023.)
Rules 1.4(c) moved and amended to new section (a); former provisions (a) and (b) amended and redesignated as (b) and (c) by
Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.5 Effective Date.
(a)
These rules apply to all disciplinary and contested reinstatement proceedings initiated by the service of a
formal complaint or statement of objections on a respondent or an applicant on or after January 1, 1984.
(b)
The provisions of BR 1.5(a) apply except to the extent that in the opinion of the Supreme Court their
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application in a particular matter or proceeding would not be feasible or would work an injustice. In that
event, the former or current rule most consistent with the fair and expeditious resolution of the matter or
proceeding under consideration shall be applied.
(Rule 1.5(a) amended by Order dated July 22, 1991.)
(Rule 1.5(a) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 1.5(a) and (b) amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 1.6 Citation of Rules.
These Rules of Procedure may be referred to as Bar Rules and cited, for example, as BR 1.1(a).
(Rule 1.6 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.7 Bar Records.
(a)
Property of Bar. The records of the Bar and of its officers, governors, employees and committees, in
contested admission, disciplinary and reinstatement proceedings are the property of the Bar.
(b)
Public Records Status. Except as exempt or protected by law from disclosure, the records of the Bar
relating to contested admission, disciplinary, and reinstatement proceedings are available for public
inspection.
Rule 1.8 Service Methods.
(a)
Except as provided in Rule 4.2 and Rule 8.9, any pleading or document required under these rules to be
served on a respondent, applicant, attorney, or LP shall be
(1)
Sent to the respondent, applicant, attorney, or LP, or their attorney if the respondent, applicant,
attorney, or LP is represented, by first class mail addressed to the intended recipient at the recipient’s
last designated business or residence address on file with the Bar, or
(2)
Sent to the respondent, applicant, attorney, or LP or their attorney if the respondent, applicant, or
attorney is represented, by email addressed to the intended recipient at the recipient’s last designated
email address on file with the Bar.
(b)
Any pleading or document required under these rules to be served on the Bar shall be sent by first class
mail addressed to Disciplinary Counsel at the Bar’s business address or served by personal or office service as
provided in ORCP 7 D(2)(a)-(c) or sent by email addressed to the intended recipient at the recipient’s last
designated email address on file with the Bar.
(c)
A copy of any pleading or document served on Bar Disciplinary Counsel shall also be provided to Bar
Counsel, if one has been appointed, by first class mail addressed to their last designated business address on
file with the Bar or by personal or office service as provided in ORCP 7 D(2)(a)-(c) or sent by email addressed
to the intended recipient at the recipient’s last designated email address on file with the Bar.
(d)
Service by mail shall be complete on deposit in the mail except as provided in BR 1.12.
(e) The parties may by mutual agreement serve any document other than the formal complaint and answer by
email delivery to the email address identified in the Bar’s membership records for the respondent, applicant, or
attorney or LP, or their attorney if represented.
(Rule 1.8 amended by Order dated June 30, 1987.)
(Rule 1.8(a) amended by Order dated February 23, 1988.)
(Rule 1.8(a), (b) and (c) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 1.8(d) amended by Order dated April 26, 2007.)
(Rule 1.8(a) amended by Order dated August 12, 2013, effective November 1, 2013.)
(Rule 1.8(a), (b), (c) amended; Rule 1.8(e) added by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.8(a)(1), (a)(2), (b), and (c) amended by Order dated November 22, 2021.)
(Rule 1.8(a) and (e) amended by Order dated August 17, 2022, effective July 1, 2023.)
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(Rule 1.8(a), (c), (e) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.9 Time.
In computing any period of time prescribed or allowed by these rules, the day of the act, event or default from
which the designated period of time begins to run shall not be included. The last day of the period so
computed shall be included unless it is a Saturday or a legal holiday, in which event the period runs until the
end of the next day that is not a Saturday or legal holiday. As used in this rule, “legal holiday” means legal
holiday as defined in ORS 187.010 (which includes each Sunday) and ORS 187.020.
(Rule 1.9 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.9 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.10 Filing.
(a)
Any pleading or document to be filed with the Disciplinary Board Clerk shall be delivered in person to the
Disciplinary Board Clerk, Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, or by
mail to the Disciplinary Board Clerk, Oregon State Bar, P. O. Box 231935, Tigard, Oregon 97281-1935 or by
email to [email protected]. Any pleading or document to be filed with the Supreme Court shall be delivered
to the State Court Administrator, Appellate Courts Records Section, 1163 State Street, Salem, Oregon
97301-2563, consistently with the requirements of the Oregon Rules of Appellate Procedure, including
Chapter 16 (filing and service by electronic means). Any pleading or document to be filed with the Adjudicator
or a regional chair shall be delivered to the intended recipient at their last designated business or residence
address on file with the Bar, or by email address on file with the Bar.
(b)
Filing by mail is complete on deposit in the mail in the following circumstances: All pleadings or documents,
including requests for review, required to be filed within a prescribed time, if mailed on or before the due date
by first class mail through the United States Postal Service.
(c)
If filing is not done as provided in subsection (b) of this rule, the filing is not timely unless the pleading or
document is actually received by the intended recipient within the time fixed for filing.
(d)
A copy of any pleading or document filed under these Rules must also be served by the party or attorney
delivering it on other parties to the case by first class mail through the United States Postal Service or by email
to the address on file with the Bar. All service copies must include a certificate showing the date of filing.
“Parties” for the purposes of this rule shall be the respondent or applicant, or their attorney if represented;
Disciplinary Counsel; and Bar Counsel, if any.
(e)
Proof of service shall appear on or be affixed to any pleading or document filed. Such proof shall be either
an acknowledgement of service by the person served or be in the form of a statement of the date of personal
delivery or deposit in the mail or email and the names and addresses of the persons served, certified by the
person who has made service.
(Rule 1.10 amended by Order dated June 30, 1987.)
(Rule 1.10(d) amended by Order dated February 23, 1988.)
(Rule 1.10(d) amended by Order dated February 5, 2001.)
(Rule 1.10(a), (b), (d) and (e) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 1.10(a) amended by Order dated April 26, 2007.)
(Rule 1.10(a) amended by Order dated March 20, 2008.)
(Rule 1.10(f) added by Order dated October 19, 2009.)
(Rule 1.10(a), (b), (c), (d) amended; Rule 1.10(f) deleted by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.10(a), (d), and (e) amended by Order dated November 22, 2021.)
(Rule 1.10(a) and (d) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.11 Designation of Contact Information.
(a)
All attorneys and LPs must designate, on a form approved by the Bar, a current business address and
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telephone number, or if no business address is available, a post office or residential address and telephone
number. A post office address designation must be accompanied by the county and state in which the
lawyer or LP is geographically located.
(b) All attorneys and LPs must also designate an e-mail address for receipt of bar notices and correspondence
except (i) attorneys and LPs whose status is retired and (ii) attorneys and LPs for whom reasonable
accommodation is required by applicable law.
(c) An attorney or LP seeking an exemption from the e-mail address requirement in paragraph (b)(ii) must
submit a written request to the Chief Executive Officer, whose decision on the request will be final.
(d) It is the duty of all attorneys and LPs promptly to notify the Bar in writing of any change in his or her
contact information. A new designation is not effective until actually received by the Bar.
(Rule 1.11 amended by Order dated April 18, 1984, effective June 1, 1984. Amended by Order dated June 30, 1987.)
(Rule 1.11(a) and (b) amended by Order dated August 23, 2010, effective January 1, 2011.)
(Rule 1.11(a) amended, (b) and (c) added and former (b) now (d) redesignated by Order dated July 21, 2011.)
(Rule 1.11(a), (b), (c), and (d) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.11(a) amended by Order dated January 26, 2021.)
(Rule 1.11 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 1.11 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.12 Service of Bar Pleadings or Documents on Out-of-State Attorney or LP.
(a)
If an attorney or LP has designated to the Bar an address that is not located within the State of
Oregon, a formal complaint filed under BR 4.1 or a statement of objections filed under BR 8.9 may be:
(1)
personally served upon the attorney or LP; or
(2)
served on the attorney or LP by certified mail, return receipt requested, to the attorney’s or LP’s last
designated address on file with the Bar, in which case service shall be complete on the date on which
the attorney or LP signs a receipt for the mailing.
(b)
If service under either BR 1.12(a)(1) or BR 1.12(a)(2) is attempted but cannot be completed, a formal
complaint or a statement of objections may be served on the attorney or LP by first class mail to the attorney’s
or LP’s last designated address on file with the Bar, in which case service shall be complete seven days after
such mailing. Proof of such service by mail shall be by certificate showing the date of deposit in the mail.
(c)
Service of all other pleadings or documents on an attorney or LP who has designated an address that
is not located within the State of Oregon shall comply with BR 1.8(a).
(Rule 1.12 amended by Order dated April 18, 1984, effective June 1, 1984. Amended by Order dated June 30, 1987.)
(Rule 1.12 amended by Order dated April 26, 2007.)
(Rule 1.12(a) and (c) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.12 amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 1.12 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 1.13 Electronic Signature and Submission.
(a)
For purposes of this rule, “Form” means only a form made available by the Bar on its website for electronic
submission to the Bar through the Bar’s website and “filer” means the attorney using the Form and
self-identified in the completed Form.
As to any Form obtainable or accessible only by means of a login, the use of a filer’s login constitutes the
signature of the filer for purposes of these rules and for any other purpose for which a signature is required. In
lieu of a signature, the document shall include an electronic symbol intended to substitute for the signature,
such as a scan of the filer’s handwritten signature or a signature block that includes the typed name of the filer
proceeded by an “s” in the space where the signature would otherwise appear. Example of a signature block
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with “s/”:
s/ Jane Q. Attorney or LP
JANE Q. ATTORNEY or LP
OSB #
Email address
(b)
When a Form requires a signature under penalty of perjury, in addition to signing and submitting the Form
electronically, the filer shall sign a printed version of the Form and retain the signed Form in its original paper
form for no less 30 days.
(c)
An attorney or LP may submit a Form through the Bar’s website at any time, except when the Bar’s
electronic filing system is temporarily unavailable.
(d)
Filing a Form pursuant to this rule shall be deemed complete at the time of electronic submission.
(Rule 1.13 added by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 1.13(b) and (d) amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 1.14 Declarations May Replace Affidavits.
With the exception of the requirement contained in BR 13.7, Form B Resignation, all Bar Rules of Procedure
that require documents or pleadings be supported by a notarized affidavit are amended to allow parties, as an
alternative to notarization, to support the documents or pleadings with a declaration that includes the
following language:
“I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND
I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.”
(Rule 1.14 added by Order dated November 22, 2021.)
Title 2 — Structure And Duties
Rule 2.1 Qualifications of Counsel.
(a)
Definition of Respondent. Notwithstanding BR 1.1(a), for the purposes of this rule, “respondent” means an
attorney or LP who is the subject of an allegation of misconduct that is under investigation by the Bar, or who
has been charged with misconduct by the Bar in a formal complaint.
(b)
Bar Counsel. Any attorney admitted to practice law at least three years in Oregon may serve as Bar Counsel
unless the attorney:
(1)
currently represents any respondent or applicant;
(2)
is a current member of the Disciplinary Board or has a firm member currently serving on the
Disciplinary Board;
(3)
served as a member of the Disciplinary Board at a time when the formal complaint against the
respondent was filed.
(c)
Counsel for Respondent. Any attorney admitted to practice law in Oregon may represent a respondent
unless the attorney:
(1)
is a current member of the Board or the SPRB;
(2)
served as a member of the Board or the SPRB at a time when the allegations about which the
respondent seeks representation were under investigation by the Bar or were authorized to be charged in
a formal complaint;
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(3)
currently is serving as Bar Counsel;
(4)
is a current member of the Disciplinary Board or has a firm member currently serving on the
Disciplinary Board;
(5)
served as a member of the Disciplinary Board at a time when the formal complaint against the
respondent was filed.
(d)
Counsel for Applicant. Any attorney admitted to practice law in Oregon may represent an applicant unless
the attorney:
(1)
is a current member of the Board, the BBX, or the SPRB;
(2)
served as a member of the Board, the BBX, or the SPRB at a time when the investigation of the
reinstatement application was conducted by the Bar;
(3)
currently is serving as Bar Counsel;
(4)
is a current member of the Disciplinary Board or has a firm member currently serving on the
Disciplinary Board;
(5)
served as a member of the Disciplinary Board at a time when the statement of objections against the
applicant was filed.
(e)
Vicarious Disqualification. The disqualifications contained in BR 2.1(b), (c), and (d) also apply to firm
members of the disqualified attorney’s firm.
(f)
Exceptions to Vicarious Disqualification.
(1)
Notwithstanding BR 2.1(b), (c), and (d), an attorney may serve as Bar Counsel or represent a
respondent or applicant even though a firm member is currently serving on the Disciplinary Board,
provided the firm member recuses himself or herself from participation as a trial panel member or
regional chairperson in any matter in which a member of the firm is Bar Counsel or counsel for a
respondent or applicant.
(2)
Subject to the provisions of RPC 1.7, and notwithstanding the provisions of BR 2.1(b), (c), and (d), an
attorney may serve as Bar Counsel or represent a respondent or applicant even though a firm member is
currently serving as Bar Counsel or representing a respondent or applicant, provided firm members are
not opposing counsel in the same proceeding.
(3)
Notwithstanding BR 2.1(b), (c), and (d), an attorney in a Board member’s firm may represent a
respondent provided the Board member is screened from any form of participation or representation in
the matter. To ensure such screening:
(A)
The Board member shall prepare and file an affidavit with the Chief Executive Officer attesting
that, during the period their firm is representing a respondent, the Board member will not
participate in any manner in the matter or the representation and will not discuss the matter or
representation with any other firm member;
(B)
The Board member’s firm shall also prepare and file an affidavit with the Chief Executive Officer
attesting that all firm members are aware of the requirement that the Board member be screened
from participation in or discussion of the matter or representation;
(C)
The Board member and firm shall also prepare, at the request of the Chief Executive Officer, a
compliance affidavit describing the Board member’s and the firm’s actual compliance with these
undertakings;
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(D)
The affidavits required under subsections (A) and (B) of this rule shall be filed with the Chief
Executive Officer no later than fourteen (14) days following the acceptance by a Board member’s
firm of a respondent as a client, or the date the Board member becomes a member of the Board.
(g)
Investigators. Disciplinary Counsel may, from time to time, appoint a suitable person, or persons, to act as
an investigator, or investigators, for the Bar with respect to grievances, allegations, or instances of alleged
misconduct by attorneys or LPs, and matters of reinstatement of attorneys or LPs. Such investigator or
investigators shall perform such duties in relation thereto as may be required by Disciplinary Counsel.
(Rule 2.1(b) amended by Order dated May 31, 1984, July 27, 1984, nunc pro tunc May 31, 1984.)
(Rule 2.1 amended by Order dated June 30, 1987.)
(Rule 2.1 amended by Order dated October 1, 1990.)
(Rule 2.1(d) amended by Order dated November 6, 1995.)
(Rule 2.1 deleted and new Rule 2.1 added by Order dated October 3, 1997.)
(Rule 2.1(f)(2) amended by Order dated April 26, 2007.)
(Rule 2.1(d)(2), 2.1(f)(3), 2.1(f)(3)(A), and 2.1(f)(3)(D) amended by Order dated October 19, 2009.)
(Former Rule 2.1(c)(3) and 2.1(c)(4) deleted; former Rule 2.1(c)(5), 2.1(c)(6), and 2.1(c)(7) redesignated Rule 2.1(c)(3),
2.1(c)(4), and 2.1(c)(5); Rule 2.1(a), 2.1(b)(1), 2.1(b)(2), 2.1(b)(3), 2.1(c), 2.1(c)(2), 2.1(c)(3), 2.1(c)(4), 2.1(c)(5), 2.1(d)(4),
2.1(e), 2.1(f)(1), 2.1(f)(2), 2.1(f)(3), 2.1(f)(3)(A), 2.1(f)(3)(B), 2.1(f)(3)(C), and 2.1(f)(3)(D) amended; and Rule 2.1(g) added by
Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.1(a) and (g) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 2.1(f)(A) and (D) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.2 Disciplinary Counsel.
(a)
Appointment. Disciplinary Counsel is retained and employed by the Bar.
(b)
Duties.
(1)
Disciplinary Counsel shall review and investigate, as appropriate, allegations or instances of
alleged misconduct on the part of attorneys or LPs, including grievances referred by the Intake Office
or the General Counsel and matters arising out of notifications from financial institutions that an
instrument drawn against an attorney’s or LP’s Lawyer Trust Account has been dishonored. In the
absence of a grievance or notification through these channels, Disciplinary Counsel may initiate
investigation of the conduct of an attorney or LP based upon reasonable belief that misconduct has
occurred, that an attorney or LP is disabled from continuing to practice law, or that an attorney or LP
has abandoned a law practice or died leaving no attorney or LP who has undertaken the responsibility
of either managing or winding down the law practice.
(2)
Disciplinary Counsel has authority to issue and seek the enforcement of subpoenas to compel the
attendance of witnesses, including the attorney or LP being investigated, and the production of
books, papers, documents, and other records pertaining to the matter under investigation.
Subpoenas issued pursuant to this rule may be enforced by application to any circuit court. The
circuit court shall determine what sanction to impose, if any, for noncompliance.
(3)
For those grievances not dismissed pursuant to BR 2.6(b), Disciplinary Counsel may, in its
discretion, offer diversion pursuant to BR 2.10.
(4)
Disciplinary Counsel shall provide advice and counsel to the SPRB on the disposition of all
grievances neither dismissed pursuant to BR 2.6(b) nor resolved by diversion pursuant to BR 2.10.
(5)
Disciplinary Counsel shall seek, as appropriate, relief provided for in BR 3.1, 3.2, 3.3, 3.4, and 3.5.
(6)
Disciplinary Counsel shall prosecute formal proceedings as directed by the SPRB, including any
review or other proceeding before the Supreme Court.
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(7)
Disciplinary Counsel shall represent the Bar in all contested reinstatement proceedings.
(8)
Disciplinary Counsel shall represent the Bar before the court in all contested admission
proceedings.
(Rule 2.2 amended by Order dated October 19, 2009.)
(Former Rule 2.2 deleted; current Rule 2.2 added by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.2(b)(2) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 2.2(b)(1) and (b)(2) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 2.2(b)(1) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.3 State Professional Responsibility Board.
(a)
Appointment. Members of the SPRB are nominated by the Board and appointed by the Supreme Court.
The SPRB shall be composed of eight resident attorneys and two members of the public who are not
attorneys. Two attorney members shall be from Board Region 5 and one attorney member shall be from each
of the remaining Board regions located within the state of Oregon. The public members shall be at-large
appointees. Members of the SPRB shall be appointed for terms of not more than four years and shall serve not
more than four years consecutively. Members are eligible for reappointment to a nonconsecutive term not to
exceed four years. Each year the Board shall nominate and the court shall appoint one attorney member of
the SPRB as chairperson. In the event the chairperson is unable to carry out any responsibility given to them
by these rules, the chairperson may designate another attorney member of the SPRB to do so.
(b)
Duties of SPRB. The SPRB shall supervise the investigation of grievances, allegations, or instances of alleged
misconduct on the part of attorneys and LPs and act on such matters as it may deem appropriate. A grievance
from a client or other aggrieved person shall not be a prerequisite to the investigation of alleged misconduct
by attorneys or LPs or the institution of disciplinary proceedings against any attorney or LP.
(c)
Authority.
(1)
The SPRB has the authority to dismiss grievances, allegations, or instances of alleged misconduct
against attorneys or LPs; refer matters to Disciplinary Counsel for further investigation; issue
admonitions for misconduct; refer attorneys or LPs to the State Lawyers Assistance Committee; direct
Disciplinary Counsel to institute disciplinary proceedings against any attorney or LP; or take other action
within the discretion granted to the SPRB by these rules.
(2)
The SPRB has the authority to adopt rules dealing with the handling of its affairs, subject to the Board’s
approval.
(d)
Resignation and Replacement. The court may remove, at its discretion, or accept the resignation of, any
officer or member of the SPRB and appoint a successor who shall serve the unexpired term of the member
who is replaced.
(Rule 2.3(b)(3) amended by Order dated April 4, 1991, effective April 15, 1991.)
(Rule 2.3(b)(1) amended by Order dated April 4, 1991, effective October 7, 1991. Amended by Order dated June 5, 1997,
effective July 1, 1997. Amended by Order dated February 5, 2001.)
(Rule 2.3(b)(1) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 2.3(b)(3) amended by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.3(a) amended by Order dated December 8, 2003, effective January 1, 2004.)
(Rule 2.3(b)(1) amended by Order dated August 23, 2010, effective January 1, 2011.)
(Former Rule 2.3(a)(1), 2.3(a)(2)(A), 2.3(a)(2)(B), 2.3(a)(2)(C), 2.3(a)(2)(D), 2.3(a)(2)(E), 2.3(a)(2)(F), 2.3(a)(3)(A),
2.3(a)(3)(B), 2.3(a)(3)(C), 2.3(b), 2.3(b)(3)(C), 2.3(b)(3)(D), and 2.3(b)(3)(E) deleted; former Rule 2.3(b)(1), 2.3(b)(2),
2.3(b)(3), 2.3(b)(3)(A), 2.3(b)(3)(B), and 2.3(c) redesignated as Rule 2.3(a), 2.3(b), 2.3(c), 2.3(c)(1), 2.3(c)(2), and 2.3(d) by
Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.3(b) and (c)(1) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 2.3(a) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.4 Disciplinary Board.
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(a)
Composition. The Supreme Court appoints members of the Disciplinary Board. The Disciplinary Board shall
consist of the Adjudicator, 7 regional chairpersons, and, for each Board region within the state of Oregon, the
following additional attorney members and public members (who are not attorneys or LPs):
(1)
Region 1: 15 attorney members and 3 public members;
(2)
Region 2: 6 attorney members and 2 public members;
(3)
Region 3: 6 attorney members and 2 public members;
(4)
Region 4: 16 attorney members and 4 public members;
(5)
Region 5: 29 attorney members and 8 public members;
(6)
Region 6: 17 attorney members and 4 public members; and
(7)
Region 7: 6 attorney members and 2 public members.
(b)
The regional chairpersons shall be attorneys. The attorney members of the Disciplinary Board,
including the Adjudicator and the regional chairpersons, shall be resident attorneys admitted to practice in
Oregon for at least 3 years. Except for the Adjudicator, members of each regional panel shall either maintain
their principal office within their respective region or maintain their residence therein. The members of each
region shall constitute a regional panel. Trial panels shall consist of the Adjudicator, 1 additional attorney
member, and 1 public member, except as provided in BR 2.4(f)(3).
(c)
Term.
(1)
The Adjudicator shall serve pursuant to appointment of the court. Disciplinary Board members other
than the Adjudicator shall serve terms of 3 years and may be reappointed. Regional chairpersons shall
serve in that capacity for terms of 1 year, subject to reappointment by the court.
(2)
Notwithstanding BR 2.4(a) and 2.4(b)(1), the powers, jurisdiction and authority of Disciplinary Board
members other than the Adjudicator shall continue beyond the expiration of their appointment or after
their relocation to another region for the time required to complete the cases assigned to them during
their term of appointment or prior to their relocation, and until a replacement appointment has been
made by the court. The regional chairpersons shall serve until a replacement appointment has been made
by the court.
(d)
Resignation and Replacement. The court may remove, at its discretion, or accept the resignation of, any
member of the Disciplinary Board and appoint a successor. Any person so appointed to serve in a position that
has time remaining in the unexpired term shall serve the time remaining in the unexpired term of the member
who is replaced.
(e)
Conduct. Disqualifications and Suspension of Service.
(1)
Disciplinary Board members are subject to the Disciplinary Board Code of Conduct, including the
rules for disqualifications contained in the Disciplinary Board Code of Conduct.
(2)
The following individuals shall not serve on the Disciplinary Board:
(A)
A member of the Board or the SPRB shall not serve on the Disciplinary Board during the member’s
term of office. This disqualification also precludes an attorney or public member from serving on the
Disciplinary Board while any member of their firm is serving on the Board or the SPRB.
(B)
No member of the Disciplinary Board shall sit on a trial panel with regard to a subject matter
considered by the Board or the SPRB while they were a member thereof or with regard to subject
matter considered by any member of their firm while a member of the Board or the SPRB.
(3)
A member of the Disciplinary Board against whom charges of misconduct have been approved for
filing by the SPRB is suspended from service on the Disciplinary Board until those charges have been
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resolved by final decision or order. If a Disciplinary Board member is suspended from the practice of law
as a result of a final decision or order in a disciplinary proceeding, the member may not resume service on
the Disciplinary Board until the member is once again authorized to practice law. For the purposes of this
rule, charges of misconduct include authorization by the SPRB to file a formal complaint pursuant to
BR 4.1, the determination by the SPRB to admonish an attorney pursuant to BR 2.6(c)(1)(B) or
BR 2.6(e)(1) which admonition is thereafter refused by the attorney, Disciplinary Counsel’s notification to
the court of a criminal conviction pursuant to BR 3.4(a), and Disciplinary Counsel’s notification to the
court of an attorney’s discipline in another jurisdiction pursuant to BR 3.5(a).
(f)
Duties of Adjudicator.
(1)
The Adjudicator shall coordinate and supervise the activities of the Disciplinary Board.
(2)
Unless disqualified after a challenge for cause pursuant to BR 2.4(g), the Adjudicator shall serve as trial
panel chairperson for each trial panel adjudicating a formal proceeding, a contested reinstatement
proceeding, or a proceeding brought pursuant to BR 3.5; and shall preside in every proceeding brought
pursuant to BR 3.1 or 3.4. Upon the stipulation of the Bar and a respondent or applicant, the Adjudicator
shall serve as the sole adjudicator in a disciplinary proceeding, a contested reinstatement proceeding, or a
proceeding brought pursuant to BR 3.5 and shall have the same duties and authority under these rules as
a three-member trial panel. In the event the Adjudicator is disqualified or otherwise unavailable to serve
as trial panel chairperson, the regional chairperson shall appoint another attorney member of the
Disciplinary Board to serve on the trial panel, with all the duties and responsibilities as the Adjudicator as
to that proceeding from the date of appointment forward.
(3)
The Adjudicator shall rule on all motions for default filed pursuant to BR 5.8.
(4)
The Adjudicator shall determine the timeliness of both peremptory challenges and challenges for
cause, including challenges for cause as to the Adjudicator, and, as appropriate, grant or deny
peremptory challenges and resolve all challenges for cause to the qualifications of all trial panel
members other than the Adjudicator appointed pursuant to BR 2.4(e)(2), BR 2.4(e)(9), and BR 2.4(f).
(5)
Upon receipt of written notice from the Disciplinary Board Clerk of a Supreme Court referral pursuant
to BR 8.8, the Adjudicator shall appoint an attorney member and a public member from an appropriate
region to serve on the trial panel with the Adjudicator. The Adjudicator shall give written notice to
Disciplinary Counsel, Bar Counsel, and the applicant of such appointments and a copy of the notice shall
be filed with the Disciplinary Board Clerk.
(6)
The Adjudicator shall appoint an attorney member of the Disciplinary Board to conduct prehearing
conferences as provided in BR 4.6.
(7)
The Adjudicator may appoint Disciplinary Board members from any region to conduct prehearing
conferences pursuant to BR 4.6, to participate with the Adjudicator in a show cause hearing pursuant to
BR 6.2(d), to serve on trial panels to resolve matters submitted to the Disciplinary Board for consideration
by the court, or when an insufficient number of members is available within a region for a particular
proceeding.
(8)
Upon receiving notice from the Disciplinary Board Clerk of a regional chairperson’s appointment of an
attorney member and a public member pursuant to BR 2.4(f)(1), and upon determining that either no
timely challenge pursuant to BR 2.4(g) was filed or that a timely-filed challenge pursuant to BR 2.4(g) has
either been denied or resulted in the appointment of a substitute member or members, the Adjudicator
shall promptly establish the date and time of hearing pursuant to BR 5.4 and notify, in writing, the
Disciplinary Board Clerk and the parties of the date and place of hearing. The Disciplinary Board Clerk shall
provide to the trial panel members a copy of the formal complaint or statement of objections and, if one
has been filed, the answer of the respondent or applicant.
(9)
The Adjudicator shall rule on all questions of procedure and discovery, including such questions that
may arise prior to the filing of a formal complaint, except as specifically provided elsewhere in these rules.
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The Adjudicator may convene the parties or their counsel before the hearing, to discuss the parties’
respective estimates of time necessary to present evidence, the availability and scheduling of witnesses,
the preparation of trial exhibits, and other issues that may facilitate an efficient hearing. The Adjudicator
may thereafter issue an order regarding agreements or rulings made at such prehearing meeting.
(10)
The Adjudicator shall convene the trial panel hearing, oversee the orderly conduct of the same and
timely file with the Disciplinary Board Clerk the written opinion of the trial panel. In all trial panels in
which the Adjudicator is a member of the majority, the Adjudicator shall author the trial panel opinion.
In the event the Adjudicator is not a member of the majority, the attorney member of the panel shall
author and timely file the trial panel opinion.
(11)
In matters involving final decisions of the Disciplinary Board under BR 10.1, the Adjudicator shall
review statements of costs and disbursements and objections thereto and shall fix the amount of actual
and necessary costs and disbursements to be recovered by the prevailing party.
(12)
The Adjudicator shall preside in all matters involving the filing of a petition for suspension pursuant to
BR 7.1.
(13)
Upon appointment by the court, the Adjudicator shall perform the duties of the court set forth in
BR 3.2.
(14)
In the event of the Adjudicator’s unavailability to perform the functions set forth above, and upon
written request made by General Counsel, the regional chairperson shall exercise the duties and
responsibilities of the Adjudicator during the Adjudicator’s unavailability. The regional chairperson’s
authority under this subsection shall cease upon order of the Adjudicator or the court. Unavailability for
the purposes of this rule means the Adjudicator has taken a planned leave of more than fourteen (14)
days, or is unavailable because of death or then existing physical or mental illness or infirmity.
(15)
Notwithstanding requirements for in-person proceedings contained in BR 3.1, 3.2, 3.4, 3.5, 5.3,
and 8.8, the Adjudicator may order that any disciplinary hearings or proceedings take place by
videoconference, or such other means that allow for remote participation of all parties, if the Adjudicator
determines remote participation is necessary to comply with local, state, or national public health orders
or recommendations. Such hearings or proceedings may also take place by remote participation by
agreement of the parties with the approval of the Adjudicator.
(g)
Duties of Regional Chairperson.
(1)
Upon receipt of written notice from Disciplinary Counsel pursuant to BR 4.1(f) or written notice from
the Adjudicator pursuant to BR 3.5(g) or 5.8(a), the regional chairperson shall appoint an attorney
member and a public member to serve with the Adjudicator on the trial panel from the members of the
regional panel. The regional chairperson shall give written notice to Disciplinary Counsel, Bar Counsel, and
the respondent of such appointments, and a copy of the notice shall be filed with the Disciplinary Board
Clerk. In the event a member is disqualified pursuant to BR 2.4(g) or becomes unavailable to serve, the
regional chairperson shall appoint a replacement member, giving written notice of such appointment as is
given of initial appointments.
(2)
The regional chairperson shall rule on all timely challenges for cause to the Adjudicator or to any
attorney appointed to the role of Adjudicator pursuant to this paragraph brought pursuant to BR 2.4(g).
In the event the Adjudicator is disqualified for cause or is otherwise unavailable to chair a trial panel, the
regional chairperson shall appoint an attorney member from within the region to serve in place of the
Adjudicator who has all the duties and responsibilities of the Adjudicator in that proceeding. In the event
no attorney member from within the region is available to serve in place of the Adjudicator, the regional
chairperson shall so notify the Disciplinary Board Clerk, who will ask another regional chairperson to
appoint an attorney member pursuant to the authority granted the Adjudicator in BR 2.4(e)(9). The
attorney member so appointed shall have all the duties and responsibilities of the Adjudicator in that
proceeding.
(3)
The regional chairperson may serve on trial panels during their term of office.
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(4)
Upon written request from the General Counsel pursuant to BR 2.4(e)(14), the regional chairperson
shall exercise the duties and responsibilities of the Adjudicator until such authority is terminated by
order of the Adjudicator or the court.
(h)
Challenges. The Bar and a respondent or applicant shall be entitled to one peremptory challenge of
either the attorney member who is not the Adjudicator or the public member. A peremptory challenge shall be
timely if filed in writing within ten days following that member’s appointment to the trial panel with the
Disciplinary Board Clerk. A challenge for cause as may arise under the Disciplinary Board Code of Conduct may be
filed by the Bar, the respondent, or an applicant as to any member of the trial panel. A challenge for cause shall
state the reason for the challenge and is timely if filed in writing within ten days following the date of the
member’s appointment to the trial panel or the date the Bar, the respondent, or an applicant discovers the
information raising a disqualification issue, whichever is later. For purposes of this paragraph, the Adjudicator is
deemed appointed to the trial panel on the same date that the regional chairperson appoints the other two
members of the trial panel pursuant to BR 2.4(f)(1). A copy of the challenge for cause shall be immediately
provided by email to the challenged panel member by the Disciplinary Board Clerk.
The opposing party and the challenged panel member may file a response to the challenge within 10 days of
receipt of a copy of the challenge from the Disciplinary Board Clerk. No further written submissions are allowed
unless requested by the Adjudicator or the regional chair.
The ruling on any challenge for cause must be in writing. The written ruling shall identify specific findings of fact
and conclusions of law if the challenge is allowed. The written ruling on a challenge shall be filed with the
Disciplinary Board Clerk, who shall send copies of the ruling to all parties. The Bar and a respondent or applicant
may waive a disqualification of a member in the same manner as in the case of a judge under the Code of
Judicial Conduct.
(i)
Duties of Trial Panel.
(1)
Trial. The trial panel to which a disciplinary or contested reinstatement proceeding has been referred
has a duty to promptly try the issues.
(2)
(A)
Opinions. The trial panel shall issue a written opinion identifying the concurring members of the
trial panel. A dissenting member shall be identified and may file a dissenting opinion attached to the
majority opinion. The majority opinion shall include specific findings of fact, conclusions of law, and a
disposition. In any matter in which the Adjudicator is not a member of the majority, the other
attorney member shall author the trial panel opinion. The author of any opinion shall file the original
opinion with the Disciplinary Board Clerk, and the Disciplinary Board Clerk shall send copies to the
parties. The opinion shall be filed within 28 days after the conclusion of the hearing, the settlement
of the transcript if required under BR 5.3(e), or the filing of briefs if requested by the Adjudicator
pursuant to BR 4.8, whichever is later.
(B)
Extensions of Time to File Opinions. If the trial panel requires additional time to issue its opinion,
the Adjudicator may so notify the parties, indicating the anticipated date by which an opinion shall be
issued, not to exceed 90 days after the date originally due. If no opinion has been issued within 90
days after the date originally due, either party may file a motion with the Disciplinary Board, seeking
issuance of an opinion. Upon the filing of such a motion, the Adjudicator shall enter an order
establishing a date by which the opinion shall be issued, not to exceed 120 days after the date it was
originally due. If no opinion has been issued by 120 days after the date originally due, either party
may petition the court to enter an order compelling the Disciplinary Board to issue an opinion by a
date certain.
(3)
Record. The trial panel shall keep a record of all proceedings before it, including a transcript of the
proceedings and exhibits offered and received, and shall promptly file the record with the Disciplinary
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Board Clerk, after the hearing concludes.
(4)
Notice. The Disciplinary Board Clerk shall promptly notify the parties of receipt of the trial panel
opinion.
(j)
Publications.
(1)
Disciplinary Counsel shall cause to be prepared, on a periodic basis, a reporter service containing the
full text of all Disciplinary Board decisions not reviewed by the court.
(2)
Disciplinary Counsel shall have printed in the Bar Bulletin, on a periodic basis, summaries of the court’s
disciplinary proceeding, contested admission, and contested reinstatement decisions, and summaries of
all Disciplinary Board decisions not reviewed by the court.
(Rule 2.4(a) amended by Order dated January 2, 1986, further amended by Order dated January 24, 1986 effective
January 2, 1986, nun pro tunc.)
(Rule 2.4(d)(2) amended by Order dated September 10, 1986, effective September 10, 1986.)
(Rules 2.1, 2.6, 2.7 and 2.8 amended by Order dated June 30, 1987.)
(Rule 2.4(j) amended by Order dated October 1, 1987, effective October 1, 1987.)
(Rule 2.4(f)(1) amended by Order dated February 22, 1988.)
(Rule 2.4(d), (h) and (i) amended by Order dated February 23, 1988.)
(Rule 2.4(e) amended by Order dated March 13, 1989, effective April 1, 1989, corrected June 1, 1989.)
(Rule 2.4(i)(3) amended by Order dated March 20, 1990, effective April 2, 1990.)
(Rule 2.4(a) amended by Order dated January 10, 1991.)
(Rule 2.4(d), (e) and (i) amended by Order dated July 22, 1991.)
(Rule 2.4(b) amended by Order dated December 22, 1992.)
(Rule 2.4(a), (e) and (f) amended by Order dated December 13, 1993.)
(Rule 2.4(i)(3) amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 2.4 (a) amended by Order dated July 10, 1998.)
(Rule 2.4(e), (f), (g), (h), (i) and (j) amended by Order dated February 5, 2001.)
(Rule 2.4(b)(2) and (i)(2)(a) and (b) amended by Order dated June 28, 2001.)
(Rule 2.4(b)(1) and (2);(e)(4); (f)(1); (g); (h); and (i)(2)(a) and (b), (3) and (4) amended by Order dated June 17, 2003,
effective July 1, 2003.)
(Rule 2.4(d)(3) added by Order dated January 21, 2005.)
(Rule 2.4(b)(2) amended by Order dated April 26, 2007.)
(Rule 2.4(g) and 2.4(h) amended by Order dated October 19, 2009.)
(Rule 2.4(a) amended by Order dated August 23, 2010, effective January 1, 2011.)
(Rule 2.4(e)(8) added by Order dated August 12, 2013, effective November 1, 2013.)
(Former Rule 2.4(f)(3), 2.4(f)(5), and 2.4(h) deleted; former Rule 2.4(e)(3), 2.4(e)(4), 2.4(e)(5), 2.4(e)(6), 2.4(e)(7), 2.4(e)(8),
2.4(f)(4), 2.4(i), and 2.4(j) redesignated as Rule 2.4(e)(4), 2.4(e)(5), 2.4(e)(6), 2.4(e)(7), 2.4(e)(11), 2.4(e)(12), 2.4(f)(3),
2.4(h), and 2.4(i); Rule 2.4(a), 2.4(b)(1), 2.4(b)(2), 2.4(c), 2.4(d)(1), 2.4(d)(2)(A). 2.4(d)(2)(B), 2.4(d)(3), 2.4(e), 2.4(e)(1),
2.4(e)(2), 2.4(e)(4), 2.4(e)(5), 2.4(e)(6), 2.4(e)(7), 2.4(e)(11), 2.4(e)(12), 2.4(f)(1), 2.4(f)(2), 2.4(h)(1), 2.4(h)(2)(A),
2.4(h)(2)(B), 2.4(h)(3), 2.4(h)(4), 2.4(i)(1), and 2.4(i)(2) amended; Rule 2.4(e)(3), 2.4(e)(8), 2.4(e)(9), and 2.4(e)(10) added by
Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.4(e)(8) and 2.4(e)(9) amended; Rule 2.4(e)(13), 2.4(e)(14), and 2.4(f)(4) added by Order dated May 22, 2019,
effective September 1, 2019.)
(Rule 2.4(a) amended by Order dated October 27, 2019, effective December 1, 2019.)
(Rule 2.4(a) amended by Order dated January 9, 2020, effective January 15, 2020.)
(Rule 2.4(e)(15) added by Order dated November 22, 2021.)
Rule 2.4(a), (b), (d), (e), (f)(4), (f)(10), (g)(2), (h), (i)(2)(A), amended by Order dated December 26, 2023, effective January 1,
2024.),
Rule 2.5 Intake and Review of Inquiries and Complaints by the Intake Office.
(a)
Intake Office. The Bar shall maintain an Intake Office, separate from that of Disciplinary Counsel. The Intake
Office shall, to the extent possible and resources permitting, receive, review, and respond to all inquiries
received by the Bar concerning the conduct of attorneys and LPs. The Intake Office will determine the manner
and extent of review required for the appropriate disposition of any inquiry, and may refer inquiries to other
resources as it deems appropriate.
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(b)
Disposition by Intake Office.
(1)
If the Intake Office determines that, even if true, an inquiry does not allege misconduct, it shall
dismiss the inquiry with written notice to the complainant and to the attorney or LP named in the inquiry.
(2)
If the Intake Office determines, after reviewing the inquiry and any other information deemed
relevant, that there is sufficient evidence to support a reasonable belief that misconduct may have
occurred, the inquiry shall be referred to Disciplinary Counsel as a grievance. Otherwise, the inquiry shall
be dismissed with written notice to the complainant and the attorney or LP.
(3)
The Intake Office may, as it deems appropriate, contact the involved attorney or LP and attempt to
assist the parties in resolving the complainant’s concerns upon receipt of an inquiry. The provision of such
assistance does not preclude a referral of a grievance to Disciplinary Counsel.
(c)
Review by General Counsel. Any dismissed inquiry may be reviewed by the General Counsel upon written
request of the complainant. General Counsel may request additional information from the complainant or
the attorney or LP and, after review, shall either affirm the dismissal or refer the inquiry to Disciplinary
Counsel as a grievance. General Counsel may affirm the dismissal by adopting the reasoning of the Intake
Office without additional discussion. The decision of the General Counsel is final.
(Rule 2.5 amended by Order dated January 17, 1992.)
(Rule 2.5(g) amended by Order dated October 10, 1994.)
(Rule 2.5(c), (f), (g), and (h) amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 2.5(a), (b), (c), (d), (f), (h) and (i) amended by Order dated February 5, 2001.)
(Rule 2.5(a) and (b) added and former Rule 2.5(b) through (i) renumbered 2.6 by Order dated July 9, 2003, effective August
1, 2003.)
(Rule 2.5(a) and (b) amended and 2.5(c) added by Order dated August 29, 2007.)
(Rule 2.5(a), 2.5(b)(1), 2.5(b)(2), and 2.5(c) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.5(c) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 2.5 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 2.5 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.6 Investigations
(a)
Review of Grievance by Disciplinary Counsel.
(1)
For grievances referred to Disciplinary Counsel by the Intake Office, Disciplinary Counsel shall, within
fourteen (14) days after receipt of the grievance, mail a copy of the grievance to the attorney or LP, if the
Intake Office has not already done so, and notify the attorney or LP that they must respond to the
grievance in writing to Disciplinary Counsel within 21 days of the date Disciplinary Counsel requests such a
response. Disciplinary Counsel may grant an extension of time to respond for good cause shown upon the
written request of the attorney or LP. An attorney or LP need not respond to the grievance if Disciplinary
Counsel notifies the attorney or LP that further information from the attorney or LP is not necessary.
(2)
If the attorney or LP fails to respond to Disciplinary Counsel or to provide records requested by
Disciplinary Counsel within the time allowed, Disciplinary Counsel may file a petition with the Disciplinary
Board to suspend the attorney or LP from the practice of law, pursuant to the procedure set forth in BR
7.1. Notwithstanding the filing of a petition under this rule, Disciplinary Counsel may investigate the
grievance.
(3)
Disciplinary Counsel may, if appropriate, offer to enter into a diversion agreement with the attorney
or LP pursuant to BR 2.10. If Disciplinary Counsel chooses not to offer a diversion agreement to the
attorney or LP pursuant to BR 2.10 and does not dismiss the grievance pursuant to BR 2.6(b),
Disciplinary Counsel shall refer the grievance to the SPRB at a scheduled meeting.
(b)
Dismissal of Grievance by Disciplinary Counsel. If, after considering a grievance, the response of the
attorney or LP, and any additional information deemed relevant, Disciplinary Counsel determines that
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probable cause does not exist to believe misconduct has occurred, Disciplinary Counsel shall dismiss the
grievance. Disciplinary Counsel shall notify the complainant and the attorney or LP of the dismissal in writing.
A complainant may contest in writing the action taken by Disciplinary Counsel in dismissing their grievance, in
which case Disciplinary Counsel shall submit a report on the grievance to the SPRB at a scheduled meeting.
The SPRB shall thereafter take such action as it deems appropriate.
(c)
Review of Grievance by SPRB.
(1)
The SPRB shall evaluate a grievance based on the report of Disciplinary Counsel to determine whether
probable cause exists to believe misconduct has occurred. The SPRB shall either dismiss the grievance,
admonish the attorney or LP, direct Disciplinary Counsel to file a formal complaint by the Bar against the
attorney or LP, or take action within the discretion granted to the SPRB by these rules.
(A)
If the SPRB determines that probable cause does not exist to believe misconduct has occurred,
the SPRB shall dismiss the grievance and Disciplinary Counsel shall notify the complainant and the
attorney or LP of the dismissal in writing.
(B)
If the SPRB determines that the attorney or LP should be admonished, Disciplinary Counsel shall
so notify the attorney or LP within fourteen (14) days of the SPRB’s meeting. If an attorney or LP
refuses to accept the admonition within the time specified by Disciplinary Counsel, Disciplinary
Counsel shall file a formal complaint against the attorney or LP on behalf of the bar. Disciplinary
Counsel shall notify the complainant in writing of the admonition of the attorney or LP.
(C)
If the SPRB determines that the complaint should be investigated further, Disciplinary Counsel
shall conduct the investigation and notify the complainant and the attorney or LP in writing of such
action.
(d)
Reconsideration; Discretion to Rescind.
(1)
An SPRB decision to dismiss a grievance or allegation of misconduct against an attorney or LP shall not
preclude reconsideration or further proceedings on such grievance or allegation, if evidence that is not
available or submitted at the time of such dismissal justifies, in the judgment of not less than a majority of
SPRB, such reconsideration or further proceedings.
(2)
The SPRB may rescind a decision to file a formal complaint against an attorney or LP only when,
to the satisfaction of a majority of the entire SPRB, good cause exists. Good cause is:
(A)
new evidence that would have clearly affected the SPRB’s decision to file a formal complaint; or
(B)
legal authority, not known to the SPRB at the time of its last consideration of the matter, that
establishes that the SPRB’s decision to file a formal complaint was incorrect.
(e)
Approval of Filing of Formal Complaint.
(1)
If the SPRB determines that a formal complaint should be filed against an attorney or LP, or if an
attorney or LP rejects an admonition offered by the SPRB, Disciplinary Counsel may appoint Bar
Counsel. Disciplinary Counsel shall notify the attorney or LP and the complainant in writing of such
action.
(2)
Notwithstanding an SPRB determination that probable cause exists to believe misconduct has
occurred, the SPRB shall have the discretion to direct that the Bar take no further action on a grievance or
allegation of misconduct if one or more of the following circumstances exist:
(A)
the attorney or LP is no longer an active member of the Bar or is not engaged in the practice of
law, and is required under BR 8.1 to demonstrate good moral character and general fitness to
practice law before resuming active membership status or the practice of law in Oregon;
(B)
other disciplinary proceedings are pending that are likely to result in the attorney’s or LP’s
disbarment;
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(C)
other disciplinary charges are authorized or pending and the anticipated sanction, should the Bar
prevail on those charges, is not likely to be affected by a finding of misconduct in the new matter or
on an additional charge; or
(D)
formal disciplinary proceedings are impractical in light of the circumstances or the likely outcome
of the proceedings.
An exercise of discretion under this rule to take no further action on a grievance or allegation of
misconduct shall not preclude further SPRB consideration or proceedings on such grievance or allegation
in the future.
(3)
Notwithstanding an SPRB determination that probable cause exists to believe misconduct has
occurred, the SPRB shall have the discretion to dismiss a grievance or allegation of misconduct if the SPRB,
considering the facts and circumstances as a whole, determines that dismissal would further the interests
of justice and would not be harmful to the interests of clients or the public. Factors the SPRB may take
into account in exercising that discretion include, but are not limited to:
(A)
the attorney’s or LP’s mental state;
(B)
whether the misconduct is an isolated event or part of a pattern of misconduct;
(C)
the potential or actual injury caused by the attorney’s or LP’s misconduct;
(D)
whether the attorney or LP fully cooperated in the investigation of the misconduct; and
(E)
whether the attorney or LP previously was admonished or disciplined for misconduct.
Misconduct that adversely reflects on the attorney’s or LP’s honesty, trustworthiness, or fitness to
practice law shall not be subject to dismissal under this rule.
(f)
Investigation of Inquiries Involving Disciplinary Counsel, General Counsel, or other Bar agents. Inquiries that
allege misconduct concerning Disciplinary Counsel or General Counsel of the Bar, or agents thereof; or that
Bar Counsel has engaged in misconduct while acting on the Bar’s behalf, shall be referred to the chairperson of
the SPRB within seven days of their receipt by the Bar.
(1)
If the SPRB chairperson determines that probable cause does not exist to believe misconduct has
occurred, the SPRB chairperson shall dismiss the inquiry and notify the parties of the dismissal in writing.
A complainant may contest the dismissal in writing, in which case the matter shall be submitted to the
SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate.
(2)
If the SPRB chairperson determines the inquiry should be investigated, the SPRB chairperson may
appoint an investigator of their choice to investigate the matter and to report on the matter directly to
the SPRB. The same procedure shall, as far as practicable, apply to the investigation of such grievances as
apply to members of the Bar generally.
(Rule 2.6 amended and 2.6(g)(3) added by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.6 amended by Order dated December 8, 2003, effective January 1, 2004.)
(Rule 2.6(g)(1) amended by Order dated March 20, 2008.)
(Rule 2.6(f)(2) amended by Order dated October 19, 2009.)
(Rule 2.6(a)(2) amended by Order dated August 12, 2013, effective November 1, 2013.)
(Former Rule 2.6(e), 2.6(f), and 2.6(g) redesignated as 2.6(d), 2.6(e), and 2.6(f); former Rule 2.6(d) deleted; Rule 2.6(a)(3),
Rule 2.6(e)(2)(A), 2.6(e)(2)(B), 2.6(e)(2)(C), 2.6(e)(2)(D), 2.6(e)(3)(A), 2.6(e)(3)(B), 2.6(e)(3)(C), 2.6(e)(3)(D), and 2.6(e)(3)(E)
added; and 2.6(a), 2.6(a)(1), 2.6(a)(2), 2.6(b), 2.6(c), 2.6(c)(1), 2.6(c)(1)(A), 2.6(c)(1)(B), 2.6(c)(1)(C), 2.6(d)(1), 2.6(d)(2),
2.6(d)(2)(A), 2.6(d)(2)(B), 2.6(e), 2.6(e)(1), 2.6(e)(2), 2.6(e)(2)(C), 2.6(e)(3), 2.6(e)(3)(D), 2.6(f), 2.6(f)(1), and 2.6(f)(2)
amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.6(a) through (e) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 2.6(a)(1), (b), (c)(1)(B), (f) amended by Order dated December 26, 2023, effective January 1, 2024.)
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Rule 2.7 Investigations of Alleged Misconduct Other Than by Inquiry.
Allegations or instances of alleged misconduct that are brought or come to the attention of the Bar other than
through the receipt of a written inquiry shall be evaluated using the procedure specified in BR 2.6 except as
that rule may be inapplicable due to the lack of a written grievance or a complainant with whom to
communicate.
(Rule amended and renumbered by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.7 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.7 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.8 Proceedings Not to Stop On Compromise.
Neither unwillingness nor neglect of the complainant to pursue a grievance or to participate as a witness, nor
settlement, compromise or restitution of any civil claim, shall, in and of itself, justify any failure to undertake
or complete the investigation or the formal resolution of a disciplinary or contested reinstatement matter or
proceeding.
(Rule 2.7 amended by Order dated July 22, 1991.)
(Rule renumbered by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.8 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.8 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.9 Requests for Information And Assistance.
The Bar may request a complainant or applicant to supply and disclose to the investigating authorities of the
Bar all documentary and other evidence in their possession, and the names and addresses of witnesses
relating to their inquiry and may otherwise request the complainant to assist such investigating authorities in
obtaining evidence in support of the facts surrounding their inquiry.
(Rule renumbered by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.9 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.9 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 2.10 Diversion.
(a)
Diversion Offered by Disciplinary Counsel. As an alternative to seeking authority from the SPRB to offer an
attorney or LP an admonition or to file a formal complaint, Disciplinary Counsel may offer to the attorney or LP
to divert a grievance on the condition that the attorney or LP enter into a diversion agreement in which the
attorney or LP agrees to participate in a remedial program as set forth in the agreement. An attorney or LP
does not have a right to have a grievance diverted under this rule.
(b)
Diversion Eligibility. Disciplinary Counsel may consider diversion of a grievance if:
(1)
The misconduct does not involve the misappropriation of funds or property; fraud, dishonesty, deceit
or misrepresentation; or the commission of a misdemeanor involving moral turpitude or a felony under
Oregon law;
(2)
The misconduct appears to be the result of inadequate law office management, chemical dependency,
a physical or mental health condition, negligence, or a lack of training, education or other similar
circumstance; and
(3)
There appears to be a reasonable likelihood that the successful completion of a remedial program will
prevent the recurrence of conduct by the attorney or LP similar to that under consideration for
diversion.
(c)
Offer of Diversion.
(1)
If, after investigation, Disciplinary Counsel determines that an attorney or LP may have committed
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misconduct and that the matter is appropriate for diversion under this rule, Disciplinary Counsel may offer
a diversion agreement to the attorney or LP. The attorney or LP has 30 days from the date diversion is
offered to accept and enter into the diversion agreement. Disciplinary Counsel may grant an extension of
time to the attorney or LP for good cause shown.
(2)
An attorney or LP may decline to enter into a diversion agreement, in which case Disciplinary Counsel
shall refer the grievance to the SPRB for review pursuant to Rule 2.6.
(d)
Diversion Agreement.
(1)
A diversion agreement shall require the attorney or LP to participate in a specified remedial
program to address the apparent cause of the misconduct. Such a remedial program may include, but is
not limited to: appointment of a diversion supervisor; assistance or training in law office management;
chemical dependency treatment; counseling or peer support meetings; oversight by an experienced
practicing attorney; voluntary limitation of areas of practice for the period of the diversion agreement;
restitution; or a prescribed course of continuing legal education. The attorney or LP shall pay the costs
of a remedial program.
(2)
A diversion agreement shall require the attorney or LP to stipulate to a set of facts concerning the
complaint or allegation of misconduct being diverted and to agree that, in the event the attorney or LP
fails to comply with the terms of the diversion agreement, the stipulated facts shall be deemed true in
any subsequent disciplinary proceeding.
(3)
A diversion agreement may be amended at any time by agreement between Disciplinary Counsel and
the attorney or LP. Disciplinary Counsel is not obligated to amend a diversion agreement to incorporate
additional complaints or allegations of misconduct made against the attorney or LP subsequent to the
date of the original agreement.
(4)
The term of a diversion agreement shall be no more than 24 months following the date of the last
amendment to the agreement.
(5)
In a diversion agreement, the attorney or LP shall agree that a diversion supervisor, treatment
provider or any other person to whom the attorney or LP has been referred pursuant to the remedial
program specified in the agreement shall report to Disciplinary Counsel any failure by the attorney or LP
to comply with the terms of the agreement.
(6)
If a diversion agreement is entered into between Disciplinary Counsel and the attorney or LP,
Disciplinary Counsel shall so notify the complainant in writing.
(e)
Compliance and Disposition.
(1)
If it appears to Disciplinary Counsel that an attorney or LP has failed to comply with the terms of a
diversion agreement and Disciplinary Counsel determines that the allegation of noncompliance, if true,
warrants the termination of the diversion agreement, Disciplinary Counsel shall provide the attorney or
LP an opportunity to be heard, through written submission, concerning the alleged noncompliance.
Thereafter, Disciplinary Counsel shall determine whether to terminate the diversion agreement and, if
so, shall refer the matter to the SPRB for review pursuant to BR 2.6.
(2)
If an attorney or LP fulfills the terms of a diversion agreement, Disciplinary Counsel thereafter shall
dismiss the grievance with written notice to the complainant and the attorney or LP. The dismissal of a
grievance after diversion shall not be considered a prior disciplinary offense in any subsequent
proceeding against the attorney or LP.
(f)
Public Records Status. The Bar shall treat records relating to a grievance diverted under this rule, a
diversion agreement, or a remedial program as official records of the Bar, subject to the Oregon Public
Records Law and also subject to any applicable exemption.
(Rule 2.10 added by Order dated July 9, 2003, effective August 1, 2003.)
(Rule 2.10(a), 2.10(c)(2), and 2.10(d)(4) amended by Order dated October 19, 2009.)
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(Rule 2.10(a), 2.10(b), 2.10(c)(1), 2.10(c)(2), 2.10(d)(1), 2.10(d)(2), 2.10(d)(3), 2.10(d)(6), 2.10(e)(1), 2.10(e)(2), and 2.10(f)
amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 2.10(a) and (d) amended by Order dated August 17, 2022, effective July 1, 2023.)
Title 3 — Special Proceedings
Rule 3.1 Interim Suspension During Pendency of Disciplinary Proceedings.
(a)
Petition for Interim Suspension. At any time after Disciplinary Counsel has determined probable cause
exists that an attorney or LP has engaged in misconduct, has evidence sufficient to establish a probable
violation of one or more rules of professional conduct or the Bar Act, and reasonably believes that clients or
others will suffer immediate and irreparable harm by the continued practice of law by the attorney or LP,
Disciplinary Counsel shall petition the Adjudicator for an order for interim suspension of the attorney’s or LP’s
license to practice law pending the outcome of the disciplinary proceeding.
(b)
Contents of Petition; Notice to Answer; Service. A petition for the suspension of an attorney or LP under
this rule shall set forth the acts and violations of the rules of professional conduct or statutes submitted by the
Bar, together with an explanation of why interim suspension is warranted under BR 3.1(a). If a formal
complaint has been filed against the attorney or LP, a copy shall be attached. The petition may be supported
by documents or affidavits. The notice to answer shall provide that an answer to the petition must be filed
with the Disciplinary Board Clerk within fourteen (14) days of service and that, absent the timely filing of an
answer with the Disciplinary Board Clerk, the relief sought can be obtained. Disciplinary Counsel shall file the
petition with the Disciplinary Board Clerk and shall serve a copy, along with the notice of answer, on the
attorney or LP pursuant to BR 1.8.
(c)
Answer by Attorney or LP. The attorney or LP shall file an answer to the Bar’s petition with the Disciplinary
Board Clerk within fourteen (14) days of service. The attorney or LP shall mail a copy of the answer to
Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk.
(d)
Default; Entry of Order. The failure of the attorney or LP to answer the Bar’s petition within the time
provided in BR 3.1(c) constitutes a waiver of the attorney’s or LP’s right to contest the Bar’s petition, and all
factual allegations contained in the petition shall be deemed true. Not earlier than fourteen (14) days after
service of the petition and in the absence of an answer filed by the attorney or LP named in the petition, the
Adjudicator shall review the sufficiency of the petition. If the petition establishes a probable violation of one
or more rules of professional conduct or the Bar Act, and a reasonable belief that clients or others will suffer
immediate or irreparable harm by the continued practice of law by the attorney or LP, the Adjudicator shall
enter an appropriate interim order suspending the attorney’s or LP’s license to practice law until further order
of the Adjudicator or the Supreme Court. The Disciplinary Board Clerk shall send copies of the order to the
parties.
(e)
Answer filed; Setting hearing on interim suspension. Upon the timely filing of the attorney’s or LP’s
answer pursuant to BR 3.1(c), the Adjudicator shall hold a hearing on the Bar’s petition not less than 30 days
nor more than 60 days after the date the answer is filed. The Disciplinary Board Clerk shall promptly notify
Disciplinary Counsel and the attorney or LP named in the petition of the date, time, and location of the
hearing. The hearing shall take place consistently with BR 5.3(a), (b), (c), and (d). At the hearing, the Bar must
prove by clear and convincing evidence that one or more rules of professional conduct or provision of the Bar
Act has been violated by the attorney or LP named in the petition and that clients or others will suffer
immediate or irreparable harm by the continued practice of law by the attorney or LP. Proof that clients or
others will suffer immediate or irreparable harm by the continued practice of law by the attorney or LP may
include, but is not limited to, establishing within the preceding 12-month period:
(1)
theft or knowing conversion of funds held by the attorney or LP in any fiduciary capacity, including but
not limited to funds that should have been maintained in a lawyer or LP trust account;
(2)
three or more instances of failure to appear in court on behalf of a client notwithstanding having
notice of the setting; or
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(3)
abandoning a practice with no provision of new location or contact information to three (3) or more
clients.
If the attorney or LP, having been notified of the date, time, and location of the hearing, fails to appear, the
Adjudicator may enter an order finding the attorney or LP in default, deeming the allegations contained in the
petition to be true, proceed on the basis of that default consistent with BR 3.1(d), and enter an appropriate
order. The Disciplinary Board Clerk shall send copies of the order to the parties.
(f)
Order of Adjudicator; Suspension; Restrictions on Trust Account; Notice to Clients; Custodian; Other Orders.
The Adjudicator, upon the record pursuant to BR 3.1(d) or after the hearing provided in 3.1(e), shall enter an
appropriate order. If the Adjudicator grants the Bar’s petition and grants an interim suspension of the
attorney’s or LP’s license to practice law, the order of suspension shall state an effective date. The suspension
shall remain in effect until further order of the Adjudicator or the court. The Adjudicator may enter such other
orders as appropriate to protect the interests of the suspended attorney or LP, the suspended attorney’s or
LP’s clients, and the public, including, but not limited to:
(1)
an order that, when served upon a financial institution, serves as an injunction prohibiting withdrawals
from the attorney’s or LP’s trust account or accounts except in accordance with restrictions set forth in
the Adjudicator’s order.
(2)
an order directing the attorney or LP to notify current clients and any affected courts of the
attorney’s or LP’s suspension; and to take such steps as are necessary to deliver client property,
withdraw from pending matters, and refund any unearned fees.
(3)
an order appointing another attorney or LP as custodian to take possession of and inventory the files
of the suspended attorney or LP and take such further action as necessary to protect the interests of the
suspended attorney’s or LP’s clients. Any attorney or LP so appointed by the court shall not disclose any
information contained in any file without the consent of the affected client, except as is necessary to
carry out the order of the Adjudicator.
The Disciplinary Board Clerk shall send copies of the order to the parties.
(g)
Costs and Expenses. The Adjudicator may direct that the costs and expenses associated with any
proceeding under this rule be allowed to the prevailing party. The procedure for the recovery of such costs
shall be governed by BR 10.7 as practicable.
(h)
Duties of Attorney or LP. An attorney or LP suspended from practice under this rule shall comply with
the requirements of BR 6.3(a) and (b). An attorney or LP whose suspension under this rule exceeds 6
months must comply with BR 8.1 to be reinstated. An attorney or LP whose suspension under this rule is 6
months or less must comply with BR 8.2 in order to be reinstated.
(i)
Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of
Procedure do not apply to proceedings brought pursuant to BR 3.1.
(j)
Accelerated Proceedings Following Interim Suspension. When an attorney or LP has been suspended by
order entered pursuant to BR 3.1(f), the related formal complaint filed by the Bar shall thereafter proceed
and be determined as an accelerated case, without unnecessary delay. If no formal complaint has been filed
against the attorney subject to suspension under this Rule, notwithstanding the provisions of this Rule, the
interim suspension shall expire 45 days after date of entry. If a formal complaint has been filed, and the
attorney files a timely answer contesting the charges in the formal complaint, the Adjudicator shall direct the
Disciplinary Board Clerk to schedule the trial on the Bar’s formal complaint (and any amendments thereto)
within 120 days of the filing of the attorney’s answer to the formal complaint.
(k) Supreme Court Review. No later than fourteen (14) days after the entry of an order pursuant to BR 3.1(f),
Disciplinary Counsel or the attorney or LP who is the subject of an order entered pursuant to BR 3.1(f) may
request the Supreme Court to review the Adjudicator’s order, including conducting a de novo review on the
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record, on an expedited basis. Unless otherwise ordered by the court, an interim order of suspension, if entered,
shall remain in effect until the court issues its decision.
(l) Termination of Interim Suspension. An order for interim suspension will only terminate upon further
order of the Adjudicator or the Supreme Court, or upon the final disposition of the Bar’s charges in the
formal complaint as determined by the Disciplinary Board or the Supreme Court, if the Bar or the attorney
appeals the Disciplinary Board’s decision as provided in BR 10.2. For purposes of this rule, “final
disposition” means the date upon which the time to appeal the Disciplinary Board’s decision has expired,
or, in the case of an appeal, the effective date of the Supreme Court’s decision.
(Rule 3.1(h) amended by letter dated December 10, 1987.)
(Rule 3.1 amended by Order dated February 23, 1988.)
(Rule 3.1(f) amended by Order dated March 13, 1989, effective April 1, 1989, corrected June 1, 1989.)
(Rule 3.1(a) and (g) amended by Order dated May 15, 1995.)
(Rule 3.1(g)(3) added and 3.1(h)-3.1(j) amended by Order dated October 19, 2009.)
(Former Rule 3.1(d), 3.1(f), 3.1(g) and 3.1(g)(1) deleted; former Rule 3.1(c), 3.1(e), 3.1(g)(2), 3.1(g)(3), 3.1(h), 3.1(i), and
3.1(j) redesignated 3.1(e), 3.1(f), 3.1(f)(1), 3.1(f)(3), 3.1(g), 3.1(j), and 3.1(l); Rule 3.1(c), 3.1(d), 3.1(e)(1), 3.1(e)(2), 3.1(e)(3),
3.1(f)(2), 3.1(h), 3.1(i), and 3.1(k) added; and Rule 3.1(a), 3.1(b), 3.1(e), 3.1(f), 3.1(f)(1), 3.1(f)(3), 3.1 (g), 3.1(j), and 3.1(l)
amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 3.1(a) through (f) and (k) through (H)a) and (e) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 3.1 (a) through (f), (j), (k), and (l) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 3.2 Mental Incompetency or Addiction— Involuntary Transfer to Inactive Membership Status.
(a)
Summary Transfer to Inactive Status.
(1)
The Supreme Court may summarily order, upon ex parte application by the Bar, that an attorney or LP
be placed on inactive membership status until reinstated by the court if the attorney or LP has been
adjudged by a court of competent jurisdiction to be mentally ill or incapacitated.
(2)
A copy of the order shall be personally served on the attorney or LP in the same manner as provided
by the Oregon Rules of Civil Procedure for service of summons and mailed to their guardian, conservator
and attorney of record in any guardianship or conservatorship proceeding.
(b)
Petition by Bar.
(1)
The Bar may petition the court to determine whether an attorney or LP is disabled from
continuing to practice law due to:
(A)
a personality disorder; or
(B)
mental infirmity or illness; or
(C)
diminished capacity; or
(D)
addiction to drugs, narcotics or intoxicants.
The Bar’s petition shall be mailed to the attorney or LP and to their guardian, conservator, and attorney of
record in any guardianship or conservatorship proceeding.
(2)
(A)
On the filing of such a petition, the court may take or direct such action as it deems necessary or
proper to determine whether an attorney or LP is disabled. Such action may include, but is not limited
to, examination of such attorney or LP by qualified experts as the court shall designate.
(B)
A copy of an order requiring an attorney or LP to appear, for examination or otherwise, shall be
mailed by the State Court Administrator to the attorney or LP and to their guardian, conservator and
attorney of record in any guardianship or conservatorship proceeding and to Disciplinary Counsel.
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(C)
In the event of a failure by the attorney or LP to appear at the appointed time and place for
examination, the court may place the attorney or LP on inactive membership status until further
order of the court.
(D)
If, upon consideration of the reports of the designated experts or otherwise, the court finds that
probable cause exists that the attorney or LP is disabled under the criteria set forth in BR 3.2(b)(1)
from continuing to practice law, the court may order the attorney or LP to appear before the court
or its designee to show cause why the attorney or LP should not be placed by the court on inactive
membership status until reinstated by the court. The State Court Administrator shall mail such a
show cause order to the attorney or LP and their guardian, conservator and attorney of record in any
guardianship or conservatorship proceeding and to Disciplinary Counsel.
(E)
After any show cause hearing as the court deems appropriate, if the court finds that the attorney
or LP is disabled from continuing to practice law, the court may order the attorney or LP placed on
inactive membership status. The State Court Administrator shall mail a copy of an order placing the
attorney or LP on inactive membership status to the attorney or LP and their guardian, conservator,
and attorney of record in any guardianship or conservatorship proceeding, and to Disciplinary
Counsel.
(3)
Any disciplinary investigation or proceeding pending against an attorney or LP placed by the court on
inactive membership status under this rule shall be suspended and held in abeyance until further order of
the court.
(c)
Disability During Disciplinary Proceedings.
(1)
The court may order that an attorney or LP placed on inactive membership status until reinstated by
the court if, during the course of a disciplinary investigation or disciplinary proceeding, the attorney or
LP files a petition with the court, with notice to Disciplinary Counsel, alleging that they are disabled from
understanding the nature of the proceeding against them, assisting and cooperating with their attorney,
or from participating in their defense due to:
(A)
a personality disorder; or
(B)
mental infirmity or illness; or
(C)
diminished capacity; or
(D)
addiction to drugs, narcotics or intoxicants.
(2)
The court shall take or direct such action as it deems necessary or proper as provided in BR 3.2(b) to
determine if the attorney or LP is disabled.
(3)
The State Court Administrator shall mail a copy of the court’s order to Disciplinary Counsel, Bar
Counsel, and the attorney or LP and their guardian, conservator, and attorney of record in any
guardianship or conservatorship proceeding, and the attorney of record in the Bar’s disciplinary
proceeding.
(4)
Any disciplinary investigation or proceeding against an attorney or LP who the court places on
inactive membership status under this rule shall be suspended and held in abeyance until further
order by the court.
(5)
If the court determines that the attorney or LP is not disabled under the criteria set forth in BR
3.2(c)(1), it may take such action as it deems necessary or proper, including the issuance of an order
that any disciplinary investigation or proceeding against the attorney or LP that is pending or held in
abeyance be continued or resumed.
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(d)
Appointment of Attorney. In any proceeding under this rule, the court may, on such notice as the court
shall direct, appoint an attorney or attorneys to represent the attorney or LP if they are without
representation.
(e)
Custodians. In any proceeding under this rule, the court may, on such notice as the court shall direct,
appoint an attorney or attorneys to inventory the files of the attorney or LP and to take such action as seems
necessary to protect the interests of their clients. Any attorney so appointed by the court shall not disclose
any information contained in any file without the consent of the affected client, except as is necessary to carry
out the order of the court.
(f)
Costs and Expenses. The court may direct that the costs and expenses associated with any proceeding
under this rule be paid by the attorney or LP, or their estate, including compensation fixed by the court to
be paid to any attorney or expert appointed under this rule. The court may order such hearings as it deems
necessary or proper to determine the costs and expenses to be paid under this rule.
(g)
Waiver of Privilege.
(1)
Under this rule, an attorney’s or LP’s claim of disability in a disciplinary investigation or disciplinary
proceeding, or the filing of an application for reinstatement as an active member by an attorney or LP
placed on inactive membership status under this rule for disability, shall be deemed a waiver of any
privilege existing between the attorney or LP and any doctor or hospital treating them during the period
of the alleged disability.
(2)
The attorney or LP shall, in their claim of disability or in their application for reinstatement, disclose
the name of every doctor or hospital by whom they have been treated during their disability or since their
placement on inactive membership status and shall furnish written consent to divulge all such
information and all such doctor and hospital records as the Bar or the court may request.
(h)
Application of Other Rules.
(1)
The Rules of Procedure that apply to the resolution of a formal complaint or statement of objections
do not apply to transfers from active to inactive membership status under BR 3.2. The placement of an
attorney or LP on inactive membership status under BR 3.2 does not preclude the Bar from filing a
formal complaint against the attorney or LP. An attorney or LP placed on inactive membership status
under BR 3.2 must comply with the applicable provisions of Title 8 of these rules to obtain
reinstatement to active membership status.
(2)
(A)
An attorney or LP transferred to inactive status under this rule shall not practice law after the
effective date of the transfer. This rule shall not preclude the attorney or LP from providing information
on the facts of a case and its status to a succeeding attorney or LP, and such information shall be
provided on request.
(B)
An attorney or LP transferred to inactive status under this rule shall immediately take all
reasonable steps to avoid foreseeable prejudice to any client and to comply with all applicable
laws and disciplinary rules.
(C)
Notwithstanding BR 3.2(b)(3) and BR 3.2(c)(4), Disciplinary Counsel may petition the court to hold
an attorney or LP transferred to inactive status under this rule in contempt for failing to comply with
the provisions of BR 3.2(h)(2)(i) and (ii). The court may order the attorney or LP to appear and show
cause, if any, why the attorney or LP should not be held in contempt of court and sanctioned
accordingly.
(i)
At the direction of the court, the duties of the court set forth in this rule may be fulfilled by the Adjudicator.
In such instances the duties of the State Court Administrator shall be performed by the Disciplinary Board
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Clerk.
(Rule 3.2(h) amended by Order dated March 13, 1989, effective April 1, 1989, corrected June 1, 1989.)
(Former Rule 3.2(b)(1)(i), 3.2(b)(1)(ii), 3.2(b)(1)(iii), 3.2(b)(1)(iv), 3.2(c)(1)(i), 3.2(c)(1)(ii), 3.2(c)(1)(iii), 3.2(c)(1)(iv), (c)(4),
3.2(h)(2)(i), 3.2(h)(2)(ii), and 3.2(h)(2)(iii) redesignated as Rule 3.2(b)(1)(A), 3.2(b)(1)(B), 3.2(b)(1)(C), 3.2(b)(1)(D),
3.2(c)(1)(A), 3.2(c)(1)(B), 3.2(c)(1)(C), 3.2(c)(1)(D), 3.2(c)(5), 3.2(h)(2)(A), 3.2(h)(2)(B), and 3.2(h)(2)(C); Rule 3.2(c)(4) added;
and Rule 3.2(a)(2), 3.2(b), 3.2(b)(1)(C), 3.2(b)(2)(A), 3.2(b)(2)(D), 3.2(b)(2)(E), 3.2(b)(3), 3.2(c)(1), 3.2(c)(1)(C), 3.2(c)(2),
3.2(c)(3), 3.2(c)(5), 3.2(g)(1), 3.2(g)(2), 3.2(h)(1), 3.2(h)(2)(A), 3.2(h)(2)(B), and 3.2(h)(2)(C) amended by Order dated May 3,
2017, effective January 1, 2018.)
(Rule 3.2(a)(2) amended and Rule 3.2(h)(2)(C)(i) added by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 3.2(a) through (h) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 3.2(a) through (h) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 3.3 Allegations of Criminal Conduct Involving Attorneys and LPs.
(a)
If the SPRB directs the filing of a formal complaint that alleges acts involving the possible commission of a
crime that do not appear to have been the subject of a criminal prosecution, Disciplinary Counsel shall report
the possible crime to the appropriate investigatory authority.
(b)
On the filing of an accusatory instrument against an attorney or LP for the commission of a
misdemeanor that may involve moral turpitude or of a felony, Disciplinary Counsel shall determine
whether a disciplinary investigation should be initiated against such attorney or LP.
(Rule 3.3 amended by Order dated March 31, 1989.)
(Rule 3.3(a) and 3.3(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Title for Rule 3.3 and 3.3(b) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Title for Rule 3.3 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 3.4 Conviction of Attorneys or LPs.
(a)
Petition for Interim Suspension; Notice to Answer. Upon learning that an attorney or LP has been convicted
in any jurisdiction of an offense that is a misdemeanor that may involve moral turpitude, a felony under the
laws of this state, or a crime punishable by death or imprisonment under the laws of the United States and
determining that immediate and irreparable harm to the attorney’s or LP’s clients or the public is likely to
result if a suspension of the attorney’s or LP’s license to practice law is not ordered, Disciplinary Counsel shall
petition the Disciplinary Board to suspend the attorney’s or LP’s license to practice law on an interim basis.
The petition shall describe the conviction and explain the basis upon Disciplinary Counsel believes that
immediate and irreparable harm to the attorney’s or LP’s clients or the public is likely to result if a suspension
is not ordered. The petition shall include a copy of the documents that show the conviction and may be
supported by documents or affidavits. A “conviction” for purposes of this rule shall be considered to have
occurred upon entry of a plea of guilty or no contest or upon entry of a finding or verdict of guilty. The notice
to answer shall provide that an answer to the petition must be filed with the Disciplinary Board Clerk within
fourteen (14) days of service and that, absent the timely filing of an answer with the Disciplinary Board Clerk,
the relief sought can be obtained. Disciplinary Counsel shall file the petition with the Disciplinary Board Clerk
and shall serve a copy, along with the notice to answer, on the attorney or LP pursuant to BR 1.8.
(b)
Answer by Attorney or LP. The attorney or LP shall file an answer to the Bar’s petition with the Disciplinary
Board Clerk within fourteen (14) days of service. The attorney or LP shall mail a copy of the answer to Disciplinary
Counsel and file proof of mailing with the Disciplinary Board Clerk.
(c)
Default; Entry of Order. The failure of the attorney or LP to answer the Bar’s petition within the time
provided in BR 3.4(b) constitutes a waiver of the attorney’s or LP’s right to contest the Bar’s petition, and all
factual allegations contained in the petition shall be deemed true. Not earlier than fourteen (14) days after
service of the petition and in the absence of an answer filed by the attorney or LP named in the petition, the
Adjudicator shall review the sufficiency of the petition. If the petition establishes the attorney’s or LP’s
conviction of a category of offense described in BR 3.4(a) and a reasonable belief that clients or others will
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suffer immediate or irreparable harm by the attorney’s or LP’s continued practice of law, the Adjudicator shall
enter an appropriate interim order suspending the attorney’s or LP’s license to practice law until further order
of the Adjudicator or the Supreme Court. The Disciplinary Board Clerk shall send copies of the order to the
parties.
(d) Answer filed; Setting hearing on interim suspension. Upon the timely filing of the attorney’s or LP’s answer
pursuant to BR 3.4(b), the Adjudicator shall hold a hearing on the Bar’s petition not less than 30 days nor more
than 60 days after the date the answer is filed. The Disciplinary Board Clerk shall promptly notify Disciplinary
Counsel and the attorney or LP of the date, time, and location of the hearing. The hearing shall take place
consistently with BR 5.3(a), (b), (c), and (d). At the hearing, the Bar must prove by clear and convincing
evidence that the attorney or LP has been convicted of a category of offense described in BR 3.4(a) and that
clients or others will suffer immediate or irreparable harm by the attorney’s continued practice of law. Proof
that clients or others will suffer immediate or irreparable harm by the attorney’s or LP’s continued practice of
law may include, but is not limited to, establishing that a period of incarceration was imposed on the attorney
or LP as a result of the conviction. If the attorney or LP, having been notified of the date, time, and location of
the hearing, fails to appear, the Adjudicator may enter an order finding the attorney or LP in default, deeming
the allegations contained in the petition to be true, proceed on the basis of that default consistent with BR
3.4(c), and enter an appropriate order.
(e) Order of Adjudicator; Suspension; Restrictions on Trust Account; Notice to Clients; Custodian; Other
Orders. The Adjudicator, upon the record pursuant to BR 3.4(c) or after the hearing provided in BR 3.4(d), shall
enter an appropriate order. If the Adjudicator grants the Bar’s petition and suspends the
attorney’s license to practice law, the order of suspension shall state an effective date. The suspension shall
remain in effect until further order of the Adjudicator or the court. The Adjudicator may enter such other
orders as appropriate to protect the interests of the suspended attorney, the suspended attorney’s clients,
and the public, including, but not limited to:
(1)
an order that, when served upon a financial institution, serves as an injunction prohibiting withdrawals
from the attorney’s trust account or accounts except in accordance with restrictions set forth in the
Adjudicator’s order.
(2)
an order directing the attorney to notify current clients and any affected courts of the attorney’s
suspension; and to take such steps as are necessary to deliver client property, withdraw from pending
matters, and refund any unearned fees.
(3)
an order appointing an attorney as custodian to take possession of and inventory the files of the
suspended attorney and take such further action as necessary to protect the interests of the suspended
attorney’s clients. Any attorney so appointed by the Adjudicator shall not disclose any information
contained in any file without the consent of the affected client, except as is necessary to carry out the
order of the Adjudicator.
The Disciplinary Board Clerk shall send copies of the order to the parties.
(f)
Costs and Expenses. The Adjudicator may direct that the costs and expenses associated with any
proceeding under this rule be allowed to the prevailing party. The procedure for the recovery of such costs
shall be governed by BR 10.7 as practicable.
(g)
Duties of Attorney or LP. An attorney or LP suspended from practice under this rule shall comply with the
requirements of BR 6.3(a), (b), and (c). An attorney or LP whose suspension under thus rule exceeds 6 months
must comply with BR 8.1 to be reinstated. An attorney or LP whose suspension under this rule is 6 months or
less must comply with BR 8.2 to be reinstated.
(h)
Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of
Procedure do not apply to proceedings brought pursuant to BR 3.4.
(i)
Supreme Court Review. No later than fourteen (14) days of the entry of an order pursuant to BR 3.4(e),
Disciplinary Counsel or the attorney or LP who is the subject of an order entered pursuant to BR 3.4(e) may
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request the Supreme Court to review the Adjudicator’s order, including conducting a de novo review on the
record, on an expedited basis. Unless otherwise ordered by the court, an interim order of suspension, if
entered, shall remain in effect until the court issues its decision.
(j)
Independent Charges. Whether or not an interim suspension is sought pursuant to BR 3.4(a), the SPRB
may direct Disciplinary Counsel to file a formal complaint against the attorney or LP based upon the fact of
the attorney’s or LP’s conviction or the underlying conduct.
(k)
Relief From Suspension. If an attorney’s or LP’s conviction is reversed on appeal, and such reversal is not
subject to further appeal or review, or the attorney or LP has been granted a new trial and the order granting
a new trial has become final, any suspension or discipline previously ordered based solely on the conviction
shall be vacated upon the Disciplinary Board’s receipt of the judgment of reversal or order granting the
attorney or LP a new trial. Reversal of the attorney’s or LP’s conviction on appeal or the granting of a new trial
does not require the termination of any disciplinary proceeding based upon the same facts which gave rise to
the conviction.
(Rule 3.4(d) amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 3.4(e) amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 3.4(e) amended by Order dated October 19, 2009.)
(Former Rule 3.4(d), 3.4(e), 3.4(g), and 3.4(h) deleted; former Rule 3.4(f) and 3.4(i) redesignated as 3.4(j) and 3.4(k);
Rule 3.4(d), 3.4(e), 3.4(f), 3.4(g), 3.4(h), and 3.4(i) added; Rule 3.4(a), 3.4(b), 3.4(c), 3.4(j), and 3.4(k) amended by Order
dated May 3, 2017, effective January 1, 2018.)
(Rule 3.4(a) through (e), (g), and (i) through (k) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 3.4(a) through (e) (i), and (j) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 3.5 Reciprocal Discipline.
(a)
Petition; Notice to Answer. Upon learning that an attorney or LP has been disciplined for misconduct in
another jurisdiction not predicated upon a prior discipline of the attorney or LP pursuant to these rules,
Disciplinary Counsel shall file with the Disciplinary Board Clerk a petition seeking reciprocal discipline of the
attorney or LP. The petition shall include a copy of the judgment, order, or determination of discipline in the
other jurisdiction; may be supported by other documents or affidavits; and shall contain a recommendation
as to the imposition of discipline in Oregon, based on the discipline in the jurisdiction whose action is
reported, and such other information as the Bar deems appropriate. A plea of no contest, a stipulation for
discipline, or a resignation while formal charges are pending is considered a judgment or order of discipline
for the purposes of this rule. If the Bar seeks imposition of a sanction greater than that imposed in the other
jurisdiction, it shall state with specificity the sanction sought and provide applicable legal authority to support
its position. The notice to answer shall provide that an answer to the petition must be filed with the
Disciplinary Board Clerk within 21 days of service and that, absent the timely filing of an answer with the
Disciplinary Board Clerk, the relief sought can be obtained. Disciplinary Counsel shall file the petition with the
Disciplinary Board Clerk and shall serve a copy, along with the notice to answer, on the attorney or LP pursuant
to BR 1.8.
(b)
Order of Judgment; Sufficient Evidence of Misconduct; Rebuttable Presumption. A copy of the judgment,
order, or determination of discipline shall be sufficient evidence for the purposes of this rule that the attorney
or LP committed the misconduct on which the other jurisdiction’s discipline was based. There is a rebuttable
presumption that the sanction to be imposed shall be equivalent, to the extent reasonably practicable, to the
sanction imposed in the other jurisdiction.
(c)
Answer of Attorney or LP. The attorney or LP has 21 days from service to file with the Disciplinary Board
an answer addressing whether:
(1)
The procedure in the jurisdiction which disciplined the attorney or LP was so lacking in notice or
opportunity to be heard as to constitute a deprivation of due process;
(2)
The conduct for which the attorney or LP was disciplined in the other jurisdiction is conduct that
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should subject the attorney or LP to discipline in Oregon; and
(3)
The imposition of a sanction equivalent to the sanction imposed in the other jurisdiction would result
in grave injustice or be offensive to public policy.
The attorney or LP shall mail a copy of their answer to Disciplinary Counsel and file proof of mailing with the
Disciplinary Board Clerk.
(d)
Default; Hearing. If no answer is timely filed, the Adjudicator may proceed to the entry of an appropriate
judgment based upon review of the record. If an answer is timely filed that asserts a defense pursuant to
BR 3.5(c)(1), (2), or (3), the Adjudicator, in their discretion, based upon a review of the petition, answer, and
any supporting documents filed by either the Bar or the attorney or LP, may either determine on the basis of
the record whether the attorney or LP should be disciplined in Oregon for misconduct in another jurisdiction
and if so, in what manner, or may determine that testimony will be taken solely on the issues set forth in the
answer pertaining to BR 3.5(c)(1), (2), and (3). The Adjudicator shall enter an appropriate order. The
Disciplinary Board Clerk shall send copies of the order to the parties. The Adjudicator’s decision shall be
subject to review by the Supreme Court, as authorized in Title 10 of these rules. On review by the court, the
sanction imposed in the other jurisdiction may be a factor for consideration but does not operate as a
rebuttable presumption.
(e)
Burden of Proof. The attorney or LP has the burden of proving in any hearing held pursuant to BR 3.5(f)
that due process of law was not afforded the attorney in the other jurisdiction.
(f)
Hearing by Trial Panel; Review by Supreme Court. If the Adjudicator decides to take testimony pursuant to
BR 3.5(e), the Adjudicator shall request the regional chairperson to appoint an attorney member and a public
member to serve on the trial panel. Upon receiving notice from the Disciplinary Board Clerk of a regional
chairperson’s appointment of an attorney member and a public member pursuant to BR 2.4, and upon
determining that either no timely challenge pursuant to BR 2.4(g) was filed or that a timely filed challenge
pursuant to BR 2.4(g) has either been denied or resulted in the appointment of a substitute member or
members, the Adjudicator shall promptly establish the date and place of the evidentiary hearing no less than
21 days and no more than 42 days thereafter. BR 5.1 and BR 5.3 apply to the evidentiary hearing. The trial
panel shall make a decision concerning the issues submitted to it. The Disciplinary Board Clerk shall send
copies of the order to the parties. The trial panel’s decision shall be subject to review by the Supreme Court as
authorized in Title 10 of these rules. On review by the court, the sanction imposed in the other jurisdiction
may be a factor for consideration but does not operate as a rebuttable presumption.
(g)
Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of
Procedure do not apply to proceedings brought pursuant to BR 3.5.
(h)
Suspension or Disbarment. An attorney or LP suspended or disbarred under this rule shall comply
with the requirements of BR 6.3(a), (b), and (c).
(i)
Reinstatement Rules Apply. The rules on reinstatement apply to attorneys or LPs suspended or disbarred
pursuant to the procedure set forth in BR 3.5(d), (e), and (f).
(j)
Independent Charges. Nothing in this rule precludes the Bar from filing a formal complaint against an
attorney or LP for misconduct in any jurisdiction.
(Rule 3.5 amended by Order dated July 16, 1984, effective August 1, 1984.)
(Rule 3.5(h) amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 3.5(e) amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 3.5(d) deleted; former Rule 3.5(e), 3.5(f), and 3.5(g) redesignated 3.5(d), 3.5(e), and 3.5(f); Rule 3.5(c)(3) and
3.5(g) added; Rule 3.5(a), 3.5(b), 3.5(c), 3.5(c)(1). 3.5(c)(2), 3.5(d), 3.5(e), 3.5(f), 3.5(h), 3.5(i), and 3.5(j) amended by Order
dated May 3, 2017, effective January 1, 2018.)
(Rule 3.5(e) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 3.5(a) through (e), and (h) through (j) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 3.5(c), (d), (f), amended by Order dated December 26, 2023, effective January 1, 2024.)
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Rule 3.6 Discipline By Consent.
(a)
Application. Any allegation of misconduct that is neither dismissed nor disposed of pursuant to BR 2.10
may be disposed of by a no contest plea, or by a stipulation for discipline, entered into at any time after the
SPRB finds probable cause that misconduct has occurred.
(b)
No Contest Plea. A plea of no contest to all causes or any cause of a formal complaint, or to allegations of
misconduct if a formal complaint has not been filed, shall be verified by the respondent and shall include:
(1)
A statement that the respondent freely and voluntarily make the plea;
(2)
A statement that the respondent does not desire to defend against the formal complaint or any
designated cause thereof, or against an allegation of misconduct not yet pled;
(3)
A statement that the respondent agrees to accept a designated form of discipline in exchange for the
no contest plea; and
(4)
A statement of the respondent’s prior record of reprimand, suspension or disbarment, or absence of
such record.
(c)
Stipulation for Discipline. A stipulation for discipline shall be verified by the respondent and shall include:
(1)
A statement that the respondent has freely and voluntarily entered into the stipulation;
(2)
A statement that explains the particular facts and violations to which the Bar and the respondent are
stipulating;
(3)
A statement that the respondent agrees to accept a designated form of discipline in exchange for the
stipulation; and
(4)
A statement of the respondent’s prior record of reprimand, suspension or disbarment, or absence of
such record.
(d)
Approval of SPRB. Pleas of no contest and stipulations shall be approved as to form by Disciplinary Counsel
and approved in substance by the chairperson of the SPRB or a member of the SPRB designated by the
chairperson. If the plea or stipulation is acceptable to the respondent and the SPRB chairperson or designated
member, and if the full term of the discipline agreed upon does not exceed a 6-month suspension, Disciplinary
Counsel shall submit it to the Disciplinary Board Clerk for review by the Adjudicator, acting on behalf of the
Disciplinary Board. Otherwise, Disciplinary Counsel shall file the stipulation with the State Court Administrator
for review by the Supreme Court.
(e)
Review by Adjudicator or Supreme Court. The Adjudicator or the court, as the case may be, shall review the
plea or stipulation. If the Adjudicator approves the plea or stipulation, an order shall be issued so stating and
filed with the Disciplinary Board Clerk, and the Clerk shall provide copies to Disciplinary Counsel and the
respondent. If the court approves the plea or stipulation, an order shall be issued so stating. If the plea or
stipulation is rejected by the Adjudicator or the court, it may not be used as evidence of misconduct against
the respondent in the pending or in any subsequent disciplinary proceeding.
(f)
Costs. In matters submitted under this rule that are resolved by a decision of the Disciplinary Board, the Bar
may file a cost bill with the Disciplinary Board Clerk within 21 days of the filing of the decision of the
Disciplinary Board. The Bar must serve a copy of the cost bill on the respondent pursuant to BR 1.8. To contest
the Bar’s statement of costs, the respondent must file an objection supported by a declaration under penalty
of perjury with the Disciplinary Board Clerk within 7 days from the date of service. The respondent shall mail a
copy of the objection to Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk. If the
matter is resolved by a decision of the court, the Bar’s cost bill and the respondent’s objections must be filed
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with the court within the same time period, accompanied by proof of service on the other party. The
Adjudicator or the court, as the case may be, may fix the amount of the Bar’s actual and necessary costs and
disbursements incurred in the proceeding to be paid by the respondent.
(g)
Supplementing Record. If the Adjudicator or the court concludes that facts are not set forth in sufficient
detail to enable forming an opinion as to the propriety of the discipline agreed upon, the Adjudicator or the
court may request that additional stipulated facts be submitted or may disapprove the plea or stipulation.
(h)
Confidentiality. A plea or stipulation prepared for the Adjudicator or the court’s consideration shall not be
subject to public disclosure or used as evidence in a disciplinary proceeding:
(1)
prior to Adjudicator or court approval of the plea or stipulation; or
(2)
if rejected by the Adjudicator or court.
(Rule 3.6(d) and (e) amended by Order dated February 23, 1988.)
(Rule 3.6(d) amended by Order dated December 13, 1993. Amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 3.6(a), (b), (d) and (e) amended by Order dated February 5, 2001.)
(Rule 3.6(d), (e) and (f) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 3.6(b)(i), 3.6(b)(ii), 3.6(b)(iii), 3.6(b)(iv), 3.6(c)(i), 3.6(c)(ii), 3.6(c)(iii), 3.6(c)(iv), and 3.6(h) redesignated as Rule
3.6(b)(1), 3.6(b)(2), 3.6(b)(3), 3.6(b)(4), 3.6(c)(1), 3.6(c)(2), 3.6(c)(3), 3.6(c)(4), 3.6(h)(1), and 3.6(h)(2); Rule 3.6(a), 3.6(b),
3.6(b)(1), 3.6(b)(2), 3.6(b)(3), 3.6(b)(4), 3.6(c), 3.6(c)(1), 3.6(c)(2), 3.6(c)(3), 3.6(c)(4), 3.6(d), 3.6(e), 3.6(f), 3.6(g), 3.6(h),
3.6(h)(1), and 3.6(h)(2) amended by Order dated May 3, 2017, effective January 1, 2018.)
Title 4 — Prehearing Procedure
Rule 4.1 Formal Complaint.
(a)
Designation of Counsel and Region. If the SPRB determines that probable cause exists to believe an
attorney or LP has engaged in misconduct and that formal proceedings are warranted, it shall refer the
matter to Disciplinary Counsel with instructions to file a formal complaint against the attorney or LP, who
then becomes the respondent. Disciplinary Counsel, being so advised, may appoint Bar Counsel.
(b)
Filing. Disciplinary Counsel shall prepare and file with the Disciplinary Board Clerk a formal complaint
against the respondent on behalf of the Bar. The formal complaint shall be in substantially the form set forth
in BR 13.1.
(c)
Substance of Formal Complaint. A formal complaint shall be signed by Disciplinary Counsel, or their
designee, and shall set forth succinctly the acts or omissions of the respondent, including the specific statutes
or rules of professional conduct violated, so as to enable the respondent to know the nature of the charge or
charges against the respondent. When more than one act or transaction is relied upon, the allegations shall be
separately stated and numbered. The formal complaint need not be verified.
(d)
Amendment of Formal Complaint. Disciplinary Counsel may amend the formal complaint on behalf of the
Bar subject to the requirements of BR 4.4(b) as to any grievance the SPRB has instructed Disciplinary Counsel
to file a formal complaint pursuant to BR 4.1(a) and BR 4.1(e).
(e)
Consolidation of Charges and Proceedings. The Bar, at the SPRB’s direction, may consolidate in a formal
complaint two or more causes of complaint against the same attorney or LP or attorneys or LPs, but shall
file a separate formal complaint against each respondent. The findings and conclusions thereon may be
either joint or separate, as the trial panel, in its discretion, may determine. The Bar, at the discretion of the
SPRB, may also consolidate formal complaints against two or more attorneys or LPs for hearing before one
trial panel.
(f)
Appointment of Trial Panel. Within 30 days following respondent’s timely filing of an answer pursuant to
BR 4.3, Disciplinary Counsel shall file a request with the Disciplinary Board Clerk that the regional chairperson
appoint an attorney and a public member to serve on the trial panel with the Adjudicator.
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(Rule 4.1(a) amended by Order dated January 5, 1988. Amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 4.1(b) amended by Order dated February 23, 1988.)
(Rule 4.1(a) and (c) amended by Order dated February 5, 2001.)
(Rule 4.1(b) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 4.1(d) redesignated as Rule 4.1(e); Rule 4.1(a), 4.1(b), 4.1(c) and 4.1(e) amended; Rule 4.1(d) and 4.1(f) added
by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 4.1(a), (e), and (f) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 4.1(c) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 4.2 Service of Formal Complaint.
(a)
Manner of Service of Formal Complaint. A copy of the formal complaint, accompanied by a notice to file an
answer within fourteen (14) days, may be personally served on the respondent or as otherwise permitted by BR
1.12. The notice to answer shall be in substantially the form set forth in BR 13.2.
(b)
Alternative Service of Formal Complaint. The Bar may request the Adjudicator to authorize the service of a
formal complaint and notice to answer on the respondent pursuant to ORCP 7 D(6).
(c)
Proof of Service of Complaint. Proof of personal service shall be made in the same manner as in a case
pending in a circuit court.
(d)
Service of Amended Formal Complaint. An amended formal complaint may be served by mail, provided
the original formal complaint was served on the respondent in the manner provided by BR 4.2(a) or (b).
(e)
Disregard of Error. Failure to comply with any provision of this rule or BR 1.12 shall not affect the validity of
service if the respondent received actual notice of the substance and pendency of the disciplinary
proceedings.
(Rule 4.2 amended by Order dated June 30, 1987.)
(Rule 4.2(d) added by Order dated February 5, 2001.)
(Rule 4.2(a) amended by Order dated April 26, 2007.)
(Rule 4.2(a), 4.2(b), 4.2(d), and 4.2(e) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 4.2 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 4.3 Answer.
(a)
Time to Answer. The respondent shall answer the formal complaint within fourteen (14) days of service of
the formal complaint.
(b)
Extensions. The respondent may, in writing, request an extension of time to file their answer from the
Adjudicator. The request for extension must be received by the Adjudicator within the time the respondent is
required to file an answer. The Adjudicator shall respond to the request in writing and shall file a copy of the
response with the Disciplinary Board Clerk. Alternatively, if Respondent and Disciplinary Counsel stipulate to
one or more extensions of time, such extension is deemed granted by the Adjudicator upon submission of the
stipulation to the Disciplinary Board Clerk, unless the Adjudicator files a response within two(2) days.
(c)
Form of Answer. The respondent’s answer shall be responsive to the formal complaint filed. General
denials are not allowed. The answer shall be substantially in the form set forth in BR 13.3 and shall be
supported by a declaration under penalty of perjury by the respondent. The original shall be filed with the
Disciplinary Board Clerk with proof of service on Disciplinary Counsel.
(Rule 4.3(b) and (c) amended by Order dated February 5, 2001.)
(Rule 4.3(b) and (d) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 4.3(c) deleted; former Rule 4.3(d) redesignated as Rule 4.3(c); Rule 4.3(a), 4.3(b), and 4.3(c) amended by
Order dated May 3, 2017, effective January 1, 2018.)
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Rule 4.4 Pleadings, Amendments, and Motions.
(a)
Pleadings. The only permissible pleadings shall be a formal complaint and an answer, and amendments
thereto. The Adjudicator may request additional pleadings from parties if deemed necessary.
(b)
Amendments.
(1)
Disciplinary Counsel may amend a formal complaint at any time after filing, subject to any
limitation that may be imposed by the Adjudicator as to timing or content in any prehearing order entered
pursuant to BR 4.7, in amplification of the original charges, to add new charges, or to withdraw charges. If
an amendment is made, the respondent shall file an answer to the amended formal complaint within
fourteen (14) days of service. Upon request by respondent for good cause shown, the Adjudicator may give
the respondent a reasonable time to procure evidence and to prepare to meet the matters raised by the
amended formal complaint.
(2)
The respondent may amend an answer at any time after filing, subject to any limitations that may be
imposed by the Adjudicator as to timing or content in any prehearing order entered pursuant to BR 4.7. If
an answer is amended, the Bar shall be given a reasonable time, set by the Adjudicator, to procure
evidence and to prepare to meet the matters raised by the amended answer.
(c)
Motions.
(1)
An application for an order from the Adjudicator shall be submitted as a motion. Every motion, unless
made during the trial, shall state with particularity the reason for the motion and the relief or order
sought.
(2)
Parties shall not submit motions seeking to dismiss a formal complaint, motion for judgment on the
pleadings, motion to make more definite and certain, and motion seeking summary judgment without
leave of the Adjudicator.
(3)
All motions, and any responses, shall be filed with the Disciplinary Board Clerk with proof of service on
the other Party. Upon expiration of the time for response, the Adjudicator shall promptly rule on the
motion. The Adjudicator shall file rulings on motions with the Disciplinary Board Clerk, and the Clerk shall
mail or email copies to the parties.
(4)
Oral Argument. The Adjudicator shall decide whether to hear oral argument on motions. Oral
argument on any motion may be conducted in person, or by conference telephone/video call.
(5)
If a party objects to a nondiscovery motion, the opposing party may submit a written opposition within
fourteen (14) days of service of the motion unless the Adjudicator shortens the time for good cause
shown. Opposing parties must submit a written opposition to discovery motions within seven (7) days of
service of the motion.
(6)
No reply is allowed unless ordered by the Adjudicator.
(7)
Discovery motions, including motions for limitation of discovery, shall be in writing and shall state
“Discovery Motion” in the caption.
(8)
Unopposed motions shall include “unopposed” in the caption heading. Stipulated motions shall
include “stipulated” in the caption heading.
(9)
Motions seeking immediate action or expedited relief shall state in the caption: “Expedited
Consideration Requested.” If the Adjudicator grants expedited consideration, the Adjudicator shall set an
expedited time for filing written opposition to the motion and notify all parties.
(d)
Adjudicator Authority. Upon application of either the Bar or the respondent, the Adjudicator may extend
or shorten the time for filing any pleading, motion, or any document required or permitted to be submitted,
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except as otherwise provided in these rules.
(Rule 4.4(b) amended by Order dated February 5, 2001.)
(Rule 4.4(b)(1) and 4.4(b)(2) amended; Rule 4.4(c) added by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 4.4(a) and 4.4(b)(1) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 4.4 (a), (b) amended; 4.4(c) added, and former 4.4(c) redesignated and amended to 4.4(d) by Order dated
December 26, 2023, effective January 1, 2024.)
Rule 4.5 Discovery.
(a)
General. Discovery shall be conducted expeditiously by the parties, and shall be completed within
fourteen (14) days prior to the date of hearing, unless the Adjudicator extends the time either by stipulated
motion, or for good cause shown.
(b)
Permitted Discovery.
(1)
Requests for admission, requests for production of documents, and depositions may be utilized in
disciplinary proceedings.
(2)
The manner of taking depositions shall conform as nearly as practicable to the procedure set forth in
the Oregon Rules of Civil Procedure. Subpoenas may be issued when necessary by the Adjudicator, Bar
Counsel, Disciplinary Counsel, the respondent or their attorney of record. Depositions may be taken any
time after service of the formal complaint.
(3)
Transcripts of depositions in disciplinary proceedings shall comply with the Oregon Rules of Appellate
Procedure as to form. A person who is deposed may request at the time of deposition to examine the
person’s transcribed testimony. In such case, the procedure set forth in the Oregon Rules of Civil
Procedure shall be followed as practicable.
(4)
The manner of making requests for the production of documents shall conform as nearly as
practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Requests for production
may be served any time after service of the formal complaint with responses due within 21 days.
(5)
The manner of making requests for admission shall conform as nearly as practicable to the procedure
set forth in the Oregon Rules of Civil Procedure. Requests for admission may be served any time after
service of the formal complaint with responses due within 21 days.
(c)
Discovery Procedure. The Adjudicator shall resolve all discovery questions.
(d)
Limitations on Discovery. In the exercise of their discretion, the Adjudicator shall impose such terms or
limitations on the exercise of discovery as may appear necessary to prevent undue delay or expense in
bringing the matter to hearing and to promote the interests of justice.
(e)
Discovery Sanctions. For failure to provide discovery as required under BR 4.5, the Adjudicator may make
such rulings as are just, including, but not limited to, the following:
(1)
A ruling that the matters regarding which the ruling was made or any other designated fact are taken
to be established for the purposes of the proceeding in accordance with the claim of the party obtaining
the ruling; or
(2)
A ruling refusing to allow the disobedient party to support or oppose designated claims or defenses, or
prohibiting the disobedient party from introducing designated matters in evidence.
Any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents
pursuant to subpoena is subject to the same orders and penalties to which a witness before a circuit court is
subject. Subpoenas issued pursuant to this rule may be enforced by application of the Bar or the respondent
to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.
(f)
Rulings Interlocutory. Discovery rulings are interlocutory.
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(Rule 4.5(c) amended by Order dated February 23, 1988. Rule 4.5(b) amended by Order April 4, 1991, effective April 15,
1991.)
(Rule 4.5(a) and (c) amended by Order dated February 5, 2001.)
(Rule 4.5(c) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 4.5(a), 4.5(b)(2), 4.5(b)(3), 4.5(c), 4.5(d), 4.5(e), 4.5(e)(1), and 4.5(e)(2) amended by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 4.5(a) through (d) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 4.6 Prehearing Issue Narrowing and Settlement Conference; Order.
(a)
Within 28 days of written notice that the Adjudicator has set the date and place of the trial panel hearing
pursuant to BR 2.4(e)(8), either party may file with the Disciplinary Board Clerk a request for a single
prehearing issue narrowing and settlement conference pursuant to this rule. Upon notification from the
Disciplinary Board Clerk that a timely request for a BR 4.6 conference has been filed, the Adjudicator shall
appoint a member of the Disciplinary Board to serve as the presiding member and conduct the BR 4.6
conference. A conference shall be held no later than 21 days before the scheduled hearing date and shall not
exceed one business day in length. The respondent, counsel for the respondent, if any, and Disciplinary
Counsel must attend. The purpose of the conference is to narrow factual and legal issues in dispute for trial
and to facilitate discussion regarding discipline by consent under BR 3.6, if appropriate. Except for those facts
admitted and denied in the prehearing order, under BR 4.7, no oral or written statements or admissions made
at or in connection with the prehearing conference shall be admitted as evidence in this or any subsequent
Bar disciplinary proceeding. No member of the trial panel appointed in the proceeding shall conduct or
participate in the prehearing conference.
(b)
At the conclusion of the BR 4.6 conference, the presiding member shall enter an order setting forth agreed
and disputed facts and elements of the violations alleged. In the absence of any agreement, the presiding
member shall enter an order indicating that the BR 4.6 conference was held and that no agreements resulted.
The presiding member shall file the order with the Disciplinary Board Clerk, with copies sent by the
Disciplinary Board Clerk to the parties. Agreed facts shall be deemed admitted and need not be proven at the
hearing before the trial panel.
(Rule 4.6 added by Order dated December 13, 1993.)
(Rule 4.6 amended by Order dated November 6, 1995. amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 4.6 redesignated Rule 4.6(a); Rule 4.6(a) amended; and Rule 4.6(b) added by Order dated May 3, 2017,
effective January 1, 2018.)
Rule 4.7 Pre-hearing Orders.
(a)
At any time after the filing of a formal complaint, the Adjudicator may schedule and convene a prehearing
conference that may be conducted by telephone, videoconference, or in person and shall be attended by the
respondent, respondent’s counsel, if any, and Disciplinary Counsel, upon notice sent by the Disciplinary Board
Clerk not less than fourteen (14) days prior to the scheduled date and time, unless the time is shortened by the
Adjudicator. Such prehearing conferences are intended to facilitate the efficient conduct of the proceeding and
may include discussing the parties’ respective estimates of time necessary to present evidence, the availability
and scheduling of witnesses, and the preparation of trial exhibits; and the scheduling of pleading amendment and
discovery deadlines.
(b)
At the conclusion of a prehearing conference, the Adjudicator shall enter an order setting forth all matters
discussed and addressed, including any deadlines imposed. The Adjudicator shall file the order with the
Disciplinary Board Clerk, and the Disciplinary Board Clerk shall send copies to the parties.
(Rule 4.7 added by Order dated December 13, 1993.)
(Rule 4.7 amended by Order dated November 6, 1995. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Former Rule 4.7 redesignated as Rule 4.7(b); Rule 4.7(a) added; and Rule 4.7(b) amended by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 4.7(a) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 4.7(a) amended by Order dated December 26, 2023, effective January 1, 2024.)
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Rule 4.8 Trial Briefs.
Trial Briefs, if any, shall be filed with the Disciplinary Board Clerk with copies served on the trial panel no later
than seven (7) days prior to the hearing. Where new or additional issues have arisen, the Adjudicator may
grant seven (7) days additional time for the filing of trial briefs on those issues.
(Rule 4.8 (former Rule 2.4(i)(2)) amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003,
effective July 1, 2003.)
(Rule 4.8 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 4.8 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 4.9 Mediation
(a)
Mediation. The parties may employ the services of a mediator, other than a member of the trial panel, or
if a trial panel is not yet appointed, a member of the Disciplinary Board, to determine the potential for, and to
assist the parties in negotiating a settlement of issues in dispute. Mediation is voluntary; both parties must
agree to participate in the mediation. The SPRB shall decide for the Bar whether to mediate.
(b)
Time of Mediation. Mediation may occur at any time, provided that the mediation shall not delay a
hearing before a trial panel scheduled in accordance with BR 5.4. After a trial panel issues a written opinion in
the proceeding pursuant to BR 2.4(i)(2), mediation may occur only if authorized by the Adjudicator.
(c)
Discipline by Consent. A stipulation for discipline or no contest plea negotiated through mediation is
subject to approval by the SPRB, and the Disciplinary Board or the Supreme Court, as the case may be, as set
forth in BR 3.6, before it is effective.
(d)
Costs. The expense of mediation shall be shared equally by the parties unless the parties agree otherwise.
(e)
Confidentiality. Mediation communications, as defined in ORS 36.110, are confidential and may not be
disclosed or admitted as evidence in subsequent adjudicatory proceedings, except as provided by ORS 36.226.
(Rule 4.9 added by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 4.9(a) and (e) amended by Order dated April 26, 2007.)
(Rule 4.9(a), 4.9(b) and 4.9(d) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 4.9(a), (b) amended by Order dated December 26, 2023, effective January 1, 2024.)
Title 5 — Disciplinary Hearing Procedure
Rule 5.1 Evidence And Procedure.
(a)
Rules of Evidence. Trial panels may admit and give effect to evidence that possesses probative value
commonly accepted by reasonably prudent persons in the conduct of their affairs. Incompetent, irrelevant,
immaterial, and unduly repetitious evidence should be excluded at any hearing conducted pursuant to these
rules.
(b)
Harmless Error. No error in procedure, in admitting or excluding evidence, or in ruling on evidentiary or
discovery questions shall invalidate a finding or decision unless upon a review of the record as a whole, a
determination is made that a denial of a fair hearing to either the Bar or the respondent has occurred.
(Rule 5.1(a) amended by Order dated February 23, 1988.)
(Rule 5.1(a) and 5.1(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 5.2 Burden of Proof.
The Bar has the burden of establishing misconduct by clear and convincing evidence.
(Rule 5.2 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Title of Rule 5.2 amended by Order dated December 26, 2023, effective January 1, 2024.)
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Rule 5.3 Location of Hearing; Subpoenas; Testimony.
(a)
Location. For respondents that maintain an office or residence in Oregon, the trial panel hearing of any
Disciplinary Proceeding shall be held either in the county in which the respondent maintains their office for
the practice of law or other business, in which they reside, or in which the misconduct is alleged to have
occurred, at the Adjudicator’s discretion. For any proceeding brought pursuant to these rules other than Title
4 in which the attorney or LP the subject of the proceeding maintains an office or residence in Oregon, and for
any proceeding brought pursuant to these rules in which the attorney or LP the subject of the proceeding
does not maintain an office or residence in Oregon, the Adjudicator shall designate a location for the hearing.
With the respondent’s consent, the hearing may be held elsewhere.
(b)
Subpoenas. The Chief Executive Officer, the Adjudicator, or regional chairpersons of the Disciplinary
Board, Bar Counsel, Disciplinary Counsel and the attorney for the respondent, or the respondent, if appearing
without an attorney, shall have the authority to issue subpoenas. Subpoenas shall be issued and served in
accordance with the Oregon Rules of Civil Procedure in the same manner as in a case pending in a circuit
court. Any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents
pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is
subject. Subpoenas issued pursuant this rule may be enforced by application of either party or the
Adjudicator to any circuit court. The circuit court shall determine what sanction to impose, if any, for
noncompliance.
(c)
Board Members as Witnesses. Current members of the Board of Governors shall not testify as witnesses in
any Bar admission, discipline or reinstatement proceeding except pursuant to subpoena.
(d)
Testimony. Witnesses shall testify under oath or affirmation administered by any member of the
Disciplinary Board or by any person authorized by law to administer an oath.
(e)
Transcript of Proceedings; Correction of Errors; Settlement Order. Every disciplinary hearing shall be
transcribed and shall comply with the Oregon Rules of Appellate Procedure as to form. The transcription shall
be certified by the person preparing it. The reporter shall give written notice to Disciplinary Counsel, Bar
Counsel, and the respondent of the filing of the transcripts with the Disciplinary Board Clerk, who shall provide
copies to the Adjudicator. Within fourteen (14) days after the transcript is filed, the Bar or the respondent may
move the Adjudicator for an order to correct any errors appearing in the transcript, by filing a motion with the
Disciplinary Board Clerk and serving the other party. Within 7 days the Bar or the respondent, as the case may
be, may file a response to the motion with the Disciplinary Board Clerk, serving a copy on the other party. The
Adjudicator shall thereafter either deny the motion or direct the making of such corrections as may be
appropriate. Upon the denial of the motion or the making of such corrections, the Adjudicator shall file with
the Disciplinary Board Clerk an order settling the transcript and the Disciplinary Board clerk shall send copies
to the parties.
(Rule 5.3(b) amended by Order dated April 4, 1991, effective April 15, 1991.)
(Rule 5.3(a) amended by Order dated July 22, 1991.)
(Rule 5.3(c), (d), and (e) amended by Order dated June 5, 1997, effective July 1, 1997.)
(Rule 5.3(a) and (e) amended by Order dated February 5, 2001.)
(Rule 5.3(e) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 5.3(a) amended by Order dated April 26, 2007.)
(Rule 5.3(a), 5.3(b), and 5.3(e) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 5.3(a) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 5.3(a), (b), and (e) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 5.4 Hearing Date; Continuances.
Except in matters of default pursuant to BR 5.8, the Adjudicator shall establish the hearing date, which shall
not be less than 91 days nor more than 182 days following the date the Adjudicator notifies the parties of the
date and time for hearing pursuant to BR 2.4(e)(8). The Adjudicator may grant continuances of the hearing
date at any time prior to the hearing, or upon a showing of compelling necessity therefor, the trial panel may
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grant continuances at the time of the hearing. In no event shall continuances exceed 56 days in the aggregate.
(Rule 5.4 amended by Order dated October 10, 1994.)
(Rule 5.4 amended by Order dated February 5, 2001.)
(Rule 5.4 amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 5.5 Prior Record.
(a)
Defined. “Prior record” means any contested admission, disciplinary or reinstatement decision of the
Disciplinary Board or the Supreme Court that has become final.
(b)
Restrictions on Admissibility. At the fact-finding hearing in a disciplinary proceeding, a respondent’s prior
record or lack thereof shall not be admissible to prove the character of a respondent or to impeach their
credibility.
(Rule 5.5(a-b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 5.5(b) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 5.6 Evidence of Prior Acts of Misconduct.
Evidence of prior acts of misconduct on the part of a respondent is admissible in a disciplinary proceeding for
such purposes as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of
mistake or accident.
(Rule 5.6 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Title of Rule 5.6 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 5.7 Consideration of Sanctions.
Trial panels may receive evidence relating to the imposition of a sanction during a hearing, but are not to
consider that evidence until after a determination is made that the respondent is in violation of a rule of
professional conduct or statute. Only when the Adjudicator considers it appropriate because of the complexity
of the case or the seriousness of the charge or charges, the trial panel may be reconvened to consider
evidence in aggravation or mitigation of the misconduct found to have occurred.
(Rule 5.7 amended by Order dated February 23, 1988.)
(Rule 5.7 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Title of Rule 5.7 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 5.8 Default.
(a)
Failure to Answer or Appear. If a respondent fails to resign or file an answer to a formal complaint within
the time allowed by these rules, or if a respondent fails to appear at a hearing set pursuant to BR 2.4(e)(8), the
Adjudicator may file with the Disciplinary Board Clerk an order finding the respondent in default under this
rule and, if so, shall request the regional chairperson to appoint an attorney member and a public member to
serve on the trial panel unless a panel has already been appointed. The Disciplinary Board Clerk shall send
copies of the order of default to the parties. The trial panel shall thereafter deem the allegations in the formal
complaint to be true and either issue its written opinion based on the formal complaint, or, in its sole
discretion, after considering evidence or legal authority limited to the issue of sanction. Following entry of an
order of default, the respondent is not entitled to further notice in the disciplinary proceeding under
consideration, except as may be required by these rules or by statute. The trial panel shall not, absent good
cause, continue or delay proceedings due to a
respondent’s failure to answer or appear.
(b)
Setting Aside Default. At any time prior to a trial panel’s issuing its written opinion, the trial panel may set
aside an order of default upon a showing by the respondent that the respondent’s failure to resign, answer, or
appear timely was the result of mistake, inadvertence, surprise, or excusable neglect. If a trial panel has issued
its opinion, a respondent must file any motion to set aside an order of default with the Supreme Court.
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(Rule 5.8 amended by Order dated June 29, 1993.)
(Rule 5.8(a) amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 5.8(a) amended by Order dated October 19, 2009.)
(Rule 5.8(a) and 5.8(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 5.8(a) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 5.8(a) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 5.9 Attorney Assistance Evidence.
(a)
Definition. For the purposes of this rule, an "attorney assistance program" is any treatment, counseling,
training or remedial service, created under ORS 9.568 or otherwise, designed to provide assistance to
attorneys or LPs who are suffering from impairment or other circumstances which may adversely affect their
professional competence or conduct, or to provide advice and training to attorneys or LPs in practice
management.
(b)
Use of Evidence by Respondent. Subject to the provisions of BR 5.1(a) and this rule, the respondent may
offer evidence at a disciplinary hearing concerning the respondent’s participation in or communication with an
attorney assistance program. If the respondent fails to provide timely notice to Disciplinary Counsel as
required under BR 5.9(c), the respondent may not offer evidence of the respondent’s participation in or
communication with an attorney assistance program at the hearing.
(c)
Prior Notice. If the respondent intends to offer evidence at a hearing concerning the respondent’s
participation in or communication with an attorney assistance program, the respondent shall file with the
Disciplinary Board Clerk, with proof of service on Disciplinary Counsel, written notice of such intent, not less
than 63 days prior to the date the hearing is scheduled to commence. For good cause shown, the Adjudicator
may permit the respondent to give the notice within a shorter period of time. The notice shall specify the
identity of the attorney assistance program, the nature of the evidence that will be offered, the names of the
service providers with whom the respondent dealt, and the names and addresses of witnesses the respondent
intends to call to present the evidence. The notice shall also include the consent or waiver required by
BR 5.9(d). The respondent shall provide a copy of the notice to the attorney assistance program.
(d)
Discovery. In the event the respondent provides a notice to Disciplinary Counsel under BR 5.9(c),
Disciplinary Counsel may conduct discovery concerning the respondent’s participation in or communication
with the attorney assistance program. The respondent shall provide any consent or waiver necessary to
permit Disciplinary Counsel to obtain discovery from the attorney assistance program or its service providers
at the time the respondent provides the notice required by BR 5.9(c). Questions regarding the permissible
scope of discovery under this rule shall be resolved by the Adjudicator on motion pursuant to BR 4.5(c).
(e)
Discovery not Public. Records and information obtained by Disciplinary Counsel through discovery under
this rule are not be subject to public disclosure pursuant to BR 1.7(b), consistent with ORS 9.568(3), and may
be disclosed by the parties only in the disciplinary proceeding.
(f)
Use of Evidence by Bar. The Bar shall have the right to introduce evidence obtained through discovery
under this rule only if the respondent introduces evidence of participation in or communication with an
attorney assistance program.
(g)
Enforcement. The Adjudicator may issue a protective order and impose sanctions to enforce this rule
pursuant to BR 4.5(d) and (e).
(Rule 5.9 added by Order dated November 30, 1999.)
(Rule 5.9(a) amended by Order dated February 5, 2001.)
(Rule 5.9(c) amended by Order dated June 17, 200, effective July 1, 2003.)
(Rule 5.9(b), 5.9(c), 5.9(d), 5.9(e), 5.9(f), and 5.9(g) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 5.9(a) amended by Order dated August 17, 2022, effective July 1, 2023.)
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Title 6 — Sanctions And Other Remedies
Rule 6.1 Sanctions.
(a)
Disciplinary Proceedings. The dispositions or sanctions in disciplinary proceedings or matters brought
pursuant to BR 3.4 or 3.5 are
(1)
dismissal of any charge or all charges;
(2)
public reprimand;
(3)
suspension for periods from 30 days to five years;
(4)
a suspension for any period designated in BR 6.1(a)(3) which may be stayed in whole or in part on the
condition that designated probationary terms are met; or
(5)
disbarment.
In conjunction with a disposition or sanction referred to in this rule, a respondent may be required to make
restitution of some or all of the money, property, or fees received by the respondent in the representation of
a client, or reimbursement to the Client Security Fund.
(b)
Effect of Disbarment. An attorney disbarred as a result of a disciplinary proceeding commenced by formal
complaint before January 1, 1996, may not apply for reinstatement until five years have elapsed from the
effective date of their disbarment. An attorney or LP disbarred as a result of a disciplinary proceeding
commenced by formal complaint after December 31, 1995, shall never be eligible to apply and shall not be
considered for admission under ORS 9.220 or reinstatement.
(Rule 6.1(a) amended by Order dated May 31, 1984, effective July 1, 1984. Rule 6.1(d) amended by Order dated November
29, 1985, effective December 1, 1985. Rule 6.1(a) amended by Order dated December 14, 1995. Rule 6.1(d) amended by
Order dated December 14, 1995. Rule 6.1(e) added by Order dated December 14, 1995. Rule 6.1(a) amended by Order
dated June 5, 1997, effective July 1, 1997.)
(Rule 6.1(a) amended by Order dated February 5, 2001.)
(Rule 6.1(a)(iii) – 6.1(a)(v) and 6.1(b) – 6.1(d) amended by Order dated October 19, 2009.)
(Former Rule 6.1(a)(i), 6.1(a)(ii), 6.1(a)(iii), 6.1(a)(iv), 6.1(a)(v), 6.1(b)(i), 6.1(b)(ii), and 6.1(b)(iii) redesignated Rule 6.1(a)(1),
6.1(a)(2), 6.1(a)(3), 6.1(a)(4), 6.1(a)(5), 6.1(b)(1), 6.1(b)(2), and 6.1(b)(3); Rule 6.1(a), 6.1(a)(4), 6.1(c), and 6.1(d) amended
by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 6.2(d) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 6.2(b) and (c) deleted and former Rule 6.2(d) redesignated to (b) by Order dated December 26, 2023, effective January 1,
2024.)
Rule 6.2 Probation.
(a)
Authority in Disciplinary Proceedings. In cases of stipulated discipline where a suspension of three years or
less is imposed, the execution of the suspension may be stayed, in whole or in part, and the respondent may be
placed on probation for a period no longer than three years. Probation, if ordered, may be under such
conditions as the parties agree to as appropriate. Such conditions may include, but are not limited to,
requiring alcohol or drug treatment; requiring medical care; requiring psychological or psychiatric care;
requiring professional office practice or management counseling; and requiring periodic audits or reports. In
any case where an attorney or LP is placed on probation pursuant to this rule, the Adjudicator or the court
may appoint a suitable person or persons to supervise the probation. Cooperation with any person so
appointed shall be a condition of the probation.
(b)
Authority in Contested Reinstatement Proceedings. Upon determining that an applicant should be
conditionally reinstated to membership in the Oregon State Bar, the court may decide to place the applicant
on probation for a period no longer than three years. The probationary terms may include, but are not limited
to, those provided in BR 6.2(a). The court may appoint a suitable person or persons to supervise the
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probation. Cooperation with any person so appointed shall be a condition of the probation. An attorney or LP
placed on probation pursuant to this rule may have their probation revoked for a violation of any probationary
term by petition of Disciplinary Counsel in accordance with the procedures set forth in BR 6.2(d). An attorney
or LP whose probation is revoked shall be suspended from the practice of law until further order of the court.
(c)
Disciplinary Board. The Disciplinary Board shall not impose probation in cases decided after a trial or a
default and shall not conditionally reinstate an applicant after a contested reinstatement hearing.
(d)
Revocation Petition; Service; Trial Panel; Setting Hearing. Disciplinary Counsel may petition the
Adjudicator or the court, as the case may be, to revoke the probation of any attorney or LP for violation of
any probationary term imposed by a trial panel or the court, serving the attorney or LP with a copy of the
petition pursuant to BR 1.8. The Adjudicator or the court, as the case may be, may order the attorney or LP to
appear and show cause why probation should not be revoked and the original sanction imposed; the court
also may refer the matter to the Disciplinary Board for hearing. When revocation of a trial panel probation is
sought or the court has referred the matter to the Disciplinary Board for hearing, the Adjudicator shall
appoint trial panel members pursuant to BR 2.4(e)(7) to serve with the Adjudicator on a trial panel that will
conduct the show cause hearing and, where applicable, report back to the court. The Disciplinary Board Clerk
shall notify the attorney or LP and Disciplinary Counsel in writing of the members to serve on the trial panel.
BR 2.4(g) applies. After any timely filed challenges have been ruled upon and any substitute members have
been appointed, the Adjudicator shall promptly enter an order that the attorney or LP appear and show
cause why probation should not be revoked and the original sanction imposed, and that establishes the date,
place, and time of the show cause hearing, which must be held not less than 21 days later. The Disciplinary
Board Clerk shall send the parties a copy of the show cause order. At the hearing, Disciplinary Counsel has the
burden of proving by clear and convincing evidence that the attorney or LP has violated a material term of
probation. If the attorney or LP, after being served with a copy of the petition and sent a copy of the show
cause order, fails to appear at the hearing, the trial panel shall deem the allegations in the petition to be true
and proceed to issue its written opinion based on the petition. If the revocation matter is within the
jurisdiction of the Disciplinary Board, the trial panel’s decision shall be filed with the Disciplinary Board Clerk,
and the Disciplinary Board Clerk shall send copies to the parties. If the revocation matter is within the court’s
jurisdiction, the trial panel appointed to conduct the show cause hearing shall report back to the court, and
the court shall thereafter rule on the petition. A petition for revocation of an attorney’s or LP’s probation shall
not preclude the Bar from filing independent disciplinary charges based on the same conduct as alleged in the
petition.
(e)
Application of Other Rules. Except as specifically provided herein, Title 4 and Title 5 of the Rules of
Procedure do not apply to proceedings brought pursuant to BR 6.2(d).
(Rule 6.2(b) amended by Order dated July 22, 1991.)
(Rule 6.2(d) amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 6.2(a), 6.2(b), 6.2(c), and 6.2(d) amended and Rule 6.2(e) added by Order dated May 3, 2017, effective January 1,
2018.)
(Rule 6.2(a), (b) and (d) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 6.2(a) through (c) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 6.3 Duties Upon Disbarment or Suspension.
(a)
Attorney or LP to Discontinue Practice. A disbarred or suspended attorney or LP shall not practice law after
the effective date of disbarment or suspension. This rule shall not preclude a disbarred or suspended attorney
or LP from providing information on the facts of a case and its status to a succeeding attorney or LP, and such
information shall be provided on request.
(b)
Responsibilities. It shall be the duty of a disbarred or suspended attorney or LP to immediately take
all reasonable steps to avoid foreseeable prejudice to any client and to comply with all applicable laws
and disciplinary rules.
(c)
Notice; Return of Client Property. When, as a result of the disbarment or suspension, any active client
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matter will be left for which no other active member of the Bar, with the consent of the client, has agreed to
resume responsibility, the disbarred or suspended attorney or LP shall give written notice of the cessation of
practice to the affected clients, opposing parties, courts, agencies, and any other person or entity having
reason to be informed of the cessation of practice. Such notice shall be given no later than fourteen (14) days
after the effective date of the disbarment or suspension. In the case of a disbarment or a suspension of more
than 60 days, client property pertaining to any active client matter shall be delivered to the client or an active
member of the Bar designated by the client as substitute counsel.
(d)
Contempt. Disciplinary Counsel may petition the Supreme Court to hold a disbarred or suspended attorney
or LP in contempt for failing to comply with the provisions of BR 6.3(a), (b), or (c). The court may order the
attorney or LP to appear and show cause, if any, why the attorney or LP should not be held in contempt of
court and sanctioned accordingly.
(Rule 6.3 amended by Order dated March 13, 1989, effective April 1, 1989.)
(Former Rule 6.3(c) redesignated as Rule 6.3(d); Rule 6.3(c) added; and Rule 6.3(d) amended by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 6.3 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 6.3(c) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 6.4 Ethics School.
(a)
An attorney or LP sanctioned under BR 6.1(a)(2), (a)(3) or (a)(4) shall successfully complete a one-day
course of study developed and offered by the Bar on the subjects of legal ethics, professional responsibility
and law office management. Successful completion requires that the attorney or LP complete the course
offered by the Bar within the designated period established by the Bar, and pay the attendance fee
established by the Bar.
(b)
An attorney or LP reprimanded under BR 6.1(a)(2) who does not successfully complete the course of study
when the course is next offered by the Bar following the effective date of the reprimand may be suspended from
the practice of law upon order of the Adjudicator, until the attorney or LP successfully completes the course.
(c)
An attorney or LP suspended under BR 6.1(a) shall not be reinstated until the attorney or LP successfully
completes the course of study, unless the course is not offered before the attorney’s or LP’s term of
suspension expires, in which case the attorney or LP may be reinstated if otherwise eligible under applicable
provisions of Title 8 of these Rules until the course is next offered by the Bar. If the attorney or LP does not
successfully complete the course when it is next offered, the attorney or LP may be suspended from the
practice of law upon order of the Adjudicator, until the attorney or LP successfully completes the course.
(d)
Notwithstanding the provisions of BR 6.4(b) and (c), an extension of time in which to complete the ethics
school requirement may be granted by the Bar or the Adjudicator, as the case may be, for good cause shown.
(e) Reinstatement. Subject to the requirements for reinstatement under Title 8, any attorney or LP who has
been a member of the Bar or licensed as an LP but suspended for less than five years under this Rule solely
for failure to complete the Ethics School requirement shall apply for reinstatement by filing a form prepared
by the Bar and paying a $100 reinstatement fee after the Ethics School requirement has been fulfilled. Upon
compliance with the rule, the Chief Executive Officer shall submit a recommendation to the court with a copy
to the applicant. No reinstatement is effective until approved by the court. Reinstatement under this rule
shall have effect upon any member’s status under any other proceeding under these Rules of Procedure.
(Rule 6.4 added by Order dated December 10, 2010, effective June 1, 2011.)
(Rule 6.4(a), 6.4(b), 6.4(c), and 6.4(d) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 6.4(a), (b), and (c) amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 6.4(a), and (c) amended, and Rule 6.4(e) added by Order dated December 26, 2023, effective January 1, 2024.)
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Title 7 — Suspension for Failure to Respond in a Disciplinary Investigation
Rule 7.1 Suspension for Failure to Respond to a Request for Information or a Subpoena.
(a)
Petition for Suspension. When an attorney or LP fails without good cause to timely respond to a request
from Disciplinary Counsel for information or records, or fails to respond to a subpoena issued pursuant to
BR 2.2(b)(2), Disciplinary Counsel may petition the Disciplinary Board for an order immediately suspending
the attorney or LP until such time as the attorney or LP responds to the request or complies with the
subpoena. A petition under this rule shall allege that the attorney or LP has not responded to requests for
information or records or has not complied with a subpoena, and has not asserted a good-faith objection to
responding or complying. The petition shall be supported by a declaration setting forth the efforts
undertaken by Disciplinary Counsel to obtain the attorney’s or LP’s response or compliance.
(b)
Procedure. Disciplinary Counsel shall file a petition under this rule with the Disciplinary Board Clerk. The
Adjudicator shall have the authority to act on the matter for the Disciplinary Board. A copy of the petition and
declaration shall be served on the attorney or LP as set forth in BR 1.8(a).
(c)
Response. Within fourteen (14) calendar days after service of the petition, the attorney or LP may file a
response with the Disciplinary Board Clerk, setting forth facts showing that the attorney or LP has
responded to the requests or complied with the subpoena, or the reasons why the attorney or LP has not
responded or complied. The attorney or LP shall serve a copy of the response upon Disciplinary Counsel
pursuant to BR 1.8(b). Disciplinary Counsel may file a reply to any response with the Disciplinary Board Clerk
within 2 business days after being served with a copy of the attorney’s or LP’s response and shall serve a
copy of the reply on the attorney or LP.
(d)
Review by the Disciplinary Board. Upon review, the Adjudicator shall issue an order that either denies the
petition or immediately suspends the attorney or LP from the practice of law for an indefinite period. The
Adjudicator shall file the order with the Disciplinary Board Clerk, who shall promptly send copies to
Disciplinary Counsel and the attorney or LP.
(e)
Duties upon Suspension. An attorney or LP suspended from practice under this rule shall comply
with the requirements of BR 6.3(a) and (b).
(f)
Independent Charges. Suspension of an attorney or LP under this rule is not discipline. Suspension or
reinstatement under this rule shall not prevent the SPRB from directing Disciplinary Counsel to file a formal
complaint against an attorney or LP alleging a violation of RPC 8.1(a)(2), arising from the failure to respond
or comply as alleged in the petition for suspension filed under this rule.
(g)
Reinstatement. Subject to the requirements for reinstatement under Title 8, any attorney or LP who has
been a member of the Bar or licensed as an LP but suspended under BR 7.1 solely for failure to respond to
requests for information or records or to respond to a subpoena shall be reinstated by the Chief Executive
Officer to the membership status from which the person was suspended upon the filing of a Compliance
Declaration with Disciplinary Counsel as set forth in BR 13.10.
(Rule 7.1 amended by Order dated November 1, 1984, effective December 1, 1984. Amended by Order dated September 24,
1987, effective October 1, 1987. Rule 7.1 amended by Order dated October 1, 1990. Title 7 amended by Order dated July
22, 1991.)
(Rule 7.1 deleted by Order dated October 19, 2009.)
(Rule 7.1 added by Order dated August 12, 2013, effective November 1, 2013.)
(Rule 7.1(a), 7.1(b), 7.1(c), 7.1(d), 7.1(f), and 7.1(g) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 7.1(a) and 7.1(g) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 7.1 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 7.1 amended by Order dated December 26, 2023, effective January 1, 2024.)
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Title 8 — Reinstatement
Rule 8.1 Reinstatement — Formal Application Required.
(a)
Applicants. Any person who has been a member of the Bar, but who has
(1)
resigned under Form A of these rules prior to December 1, 2019, more than ten years prior to the date
of application for reinstatement and who has not been a member of the Bar during such period; or
(2)
resigned under Form B of these rules prior to January 1, 1996; or
(3)
been disbarred as a result of a disciplinary proceeding commenced by formal complaint before
January 1, 1996; or
(4)
been suspended for misconduct for a period of more than 6 months; or
(5)
been suspended for misconduct for a period of 6 months or less but has remained in a suspended
status for a period of more than 6 months prior to the date of application for reinstatement; or
(6)
[Reserved].
(7)
been involuntarily transferred to an inactive membership status; or
(8)
been suspended under BR 7.1 for a period of more than five years prior to the date of application for
reinstatement; or
(9)
been suspended for any reason and has remained in that status more than 10 years.
and who desires to be reinstated as an active member or to resume the practice of law in Oregon shall be
reinstated as an active member of the Bar only upon formal application and compliance with the Rules of
Procedure in effect at the time of such application. Applicants for reinstatement under this rule must file a
completed application with the Bar on a form prepared by the Bar for that purpose. The applicant shall attest
that the applicant did not engage in the practice of law except where authorized to do so during the period of
the applicant’s suspension, disbarment, or resignation. A reinstatement to inactive status is not allowed under
this rule. An applicant who has been suspended for a period exceeding 6 months may not apply for
reinstatement any earlier than 3 months before the earliest possible expiration of the period specified in the
opinion or order imposing suspension.
(b)
Required Showing; Effect of Noncooperation.
(1)
Each applicant under this rule must show that the applicant has good moral character and general
fitness to practice law; that the applicant has reformed since engaging in earlier misconduct, if any; and
that the resumption of the practice of law in Oregon by the applicant will not be detrimental to the
administration of justice or the public interest. Reformation may be established by evidence, such as:
(i) character evidence from people who know and have had the opportunity to observe the applicant;
(ii) evidence of the applicant’s participation in activities for the public good; (iii) evidence of the
applicant’s forthrightness in acknowledging earlier wrongdoing; (iv) evidence of the applicant’s adequate
resolution of any previous substance abuse problem; and (v) evidence of the applicant’s willingness to pay
restitution to those people harmed by the applicant’s earlier conduct. In determining whether the
evidence is sufficient to establish reformation, the Supreme Court must be satisfied that the applicant has
reformed in light of the earlier misconduct.
(2)
Each applicant has a duty to cooperate and comply with requests from the Bar in its efforts to assess
the applicant’s good moral character and general fitness to practice law, including responding to a lawful
demand for information; the execution of releases necessary to obtain information and records from third
parties whose records reasonably bear upon character and fitness; and reporting promptly any changes,
additions or corrections to information provided in the application.
(3)
The Chief Executive Officer may refer to the Board any applicant who, during the pendency of a
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reinstatement application, engages in conduct that would violate RPC 8.1(a) if done by an attorney or LP,
with a recommendation that the Board determine that the applicant has not made the showing required
by BR 8.1(b) and recommend to the Supreme Court that the application be denied. No applicant shall
resume the practice of law in Oregon or active membership status unless all the requirements of this rule
are met.
(c)
Learning and Ability. In addition to the showing required in BR 8.1(b), each applicant under this rule
must show that the applicant has the requisite learning and ability to practice law in Oregon. The Bar
may recommend and the Supreme Court may require as a condition precedent to reinstatement
that the applicant take and pass the bar examination administered by the BBX, or successfully
complete a prescribed course of
continuing legal education. Factors to be considered in determining an applicant’s learning and ability include,
but are not limited to: the length of time since the applicant was an active member of the Bar; whether and
when the applicant has practiced law in Oregon; whether the applicant practiced law in any jurisdiction since
they were last an active member in Oregon; and whether the applicant has participated in continuing legal
education activities since they were last an active member in Oregon.
(d)
Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application
fee of $750 at the time the application for reinstatement is filed.
(e)
Review by Chief Executive Officer; Referral of Application to Board. Notice of and requests for comment on
applications filed under BR 8.1 shall be published on the Bar’s website for a period of 30 days. If, after review
of an application filed under BR 8.1 and any information gathered in the investigation of the application, the
Chief Executive Officer determines that the applicant has made the showing required by BR 8.1(b), the Chief
Executive Officer shall recommend to the Supreme Court, as provided in BR 8.7, that the application be
granted, conditionally or unconditionally. If the Chief Executive Officer is unable to determine from a review of
an application and any information gathered in the investigation of the application that the applicant has
made the showing required by BR 8.1(b), the Chief Executive Officer shall refer the application to the Board for
consideration, with notice to the applicant.
(f)
Board Consideration of Application. If, after a referral from the Chief Executive Officer, the Board
determines from its review of the application and any information gathered in the investigation of the
application that the applicant has made the showing required by BR 8.1(b), the Board shall recommend to the
Supreme Court, as provided in BR 8.7, that the application be granted, conditionally or unconditionally. If the
Board determines that the applicant has not made the showing required by BR 8.1(b), the Board shall
recommend to the court that the application be denied.
(g)
If either the Chief Executive Officer or the Board recommend to the Supreme Court, under paragraph (e) or
(f)
of this rule, that the application be granted conditionally or unconditionally, then the court must determine
whether the applicant has satisfied the burden of proof set out in BR 8.12. If the court determines that the
applicant has not satisfied the burden of proof, the court may deny the application or it may remand to the
Chief Executive Officer or the Board, or take any other action that it deems appropriate.
(Rule 8.1(c) and (f) amended by Order dated May 31, 1984, effective July 1, 1984.)
(Rule 8.1(c) amended by Order dated July 27, 1984 nun pro tunc May 31, 1984.)
(Rule 8.1 amended by Order dated March 13, 1989, effective April 1, 1989, corrected June 1, 1989.)
(Rule 8.1(a) and (c) amended by Order dated March 20, 1990, effective April 2, 1990.)
(Rule 8.1(a), (c), and (d) amended by Order dated December 14, 1995.)
(Rule 8.1(a) amended by Order dated February 5, 2001.)
(Rule 8.1(d) amended by Order dated October 19, 2009.)
(Rule 8.1(c) amended and Rule 8.1(e) and (f) added by Order dated April 5, 2013.)
(Rule 8.1(a)(i), 8.1(a)(ii), 8.1(a)(iii), 8.1(a)(iv), 8.1(a)(v), 8.1(a)(vi), 8.1(a)(vii), and 8.1(a)(viii) redesignated as Rule 8.1(a)(1),
8.1(a)(2), 8.1(a)(3), 8.1(a)(4), 8.1(a)(5), 8.1(a)(6), 8.1(a)(7), and 8.1(a)(8); Rule 8.1(a), 8.1(a)(4), 8.1(a)(5), 8.1(a)(6),
8.1(a)(7), 8.1(a)(8), 8.1(b), 8.1(c), 8.1(d), 8.1(e), and 8.1(f) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.1(a)(1) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 8.1(b) amended and redesignated BR 8.1(b)(1), 8.1(b)(2), and 8.1(b)(3) and Rule 8.1(g) added by Order dated
October 27, 2019, effective December 1, 2019.)
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(Rule 8.1(a)(9) added by Order dated October 15, 2020, effective November 14, 2020.)
(Rule 8.1(a) amended by Order dated December 8, 2020.)
(Rule 8.1(a), Rule 8.1(a)(1), 8.1(a)(6), 8.1(a)(7), 8.1(a)(8), 8.1(a)(9), 8.1(c), and 8.1(d) amended by Order dated
December 14, 2022, effective January 1, 2023.)
(Rule 8.1(b)(3) amended by Order dated August 1, 2023.)
Rule 8.2 Reinstatement — Informal Application Required.
(a)
Applicants. Any person who has been a member of the Bar, but who
(1)
resigned under Form A of these rules prior to December 1, 2019, and 10 years or less prior to the date
of application for reinstatement, and who has not been a member of the Bar during such period; or
(2)
is presently enrolled voluntarily as an inactive, retired, or pro bono member; or
(3)
has been suspended for failure to pay the Professional Liability Fund assessment, Client Security Fund
assessment, or membership fees or penalties and has remained in that status for more than 6 months but
not in excess of 10 years prior to the date of application for reinstatement; or
(4)
been suspended for failure to comply with the Minimum Continuing Legal Education (MCLE) Rules and
Regulations, or for failure to file with the Bar a certificate disclosing lawyer trust accounts and has
remained in that status for more than 6 months but not in excess of 10 years prior to the date of
application for reinstatement; or
(5)
has been suspended under BR 7.1 and has remained in that status more than 6 months but not in
excess of 5 years prior to the date of application for reinstatement; or
(6)
has been suspended solely for failure to pay the Professional Liability Fund assessment, Client Security
Fund assessment, or membership fees or penalties and has remained in that status for more than
6 months but not in excess of 10 years prior to the date of application for reinstatement and seeks
reinstatement to inactive or retired status;
may be reinstated by the Chief Executive Officer by filing an informal application for reinstatement with the
Bar and compliance with the Rules of Procedure in effect at the time of such application. The informal
application for reinstatement shall be on a form prepared by the Bar for such purpose. The applicant shall
attest that the applicant did not engage in the practice of law except where authorized to do so during the
period of the applicant’s inactive, retired, or active pro bono status, suspension, or resignation. No applicant
shall resume the practice of law in Oregon, or active, inactive, retired, active pro bono membership status,
unless all the requirements of this rule are met.
(b)
Required Showing. Each applicant under this rule must show that the applicant has good moral character
and general fitness to practice law, and that the applicant’s resumption of the practice of law in Oregon will
not be detrimental to the administration of justice or the public interest. Each applicant has a duty to
cooperate and comply with requests from the Bar in its efforts to assess the applicant’s good moral character
and general fitness to practice law, including responding to a lawful demand for information; the execution of
releases necessary to obtain information and records from third parties whose records reasonably bear upon
character and fitness; and reporting promptly any changes, additions or corrections to information provided in
the application. The Chief Executive Officer may refer to the Board any applicant who, during the pendency of
a reinstatement application, engages in conduct that would violate RPC 8.1(a) if done by an attorney, with a
recommendation that the Board determine that the applicant has not made the showing required by BR 8.1(b)
and recommend to the Supreme Court that the application be denied. No applicant shall resume the practice
of law in Oregon or active membership status unless all the requirements of this rule are met.
(c)
Learning and Ability. In addition to the showing required in BR 8.2(b), each applicant under this rule must
show that the applicant has the requisite learning and ability to practice law in Oregon. The Ba may
recommend the applicant successfully complete a prescribed course of continuing legal education. Factors to
be considered in determining an applicant’s learning and ability include, but are not limited to: the length of
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time since the applicant was an active member of the Bar; whether and when the applicant has practiced law
in Oregon; whether the applicant practiced law in any jurisdiction during the period of the applicant’s
suspension, resignation, inactive, or retired status since they were last an active member in Oregon; and
whether the applicant has participated in continuing legal education activities during the period of suspension,
inactive, or retired status in Oregon since they were last an active member in Oregon. The following are
minimum criteria to establish learning and ability in an informal process:
(1)
Applicants who have not practiced law or completed continuing legal education courses in any
jurisdiction for more than five years will be required to complete a minimum of 15 credits of continuing
legal education.
(2)
Applicants who have not practiced law or completed continuing legal education courses in any
jurisdiction for more than ten years will be required to complete a minimum of 45 credits of continuing
legal education.
(3)
Applicants who have not practiced law or completed continuing legal education courses in any
jurisdiction for more than 15 years will be required to complete a minimum of 45 credits of continuing
legal education or may be required to take and pass the bar exam administered by the BBX.
(4)
Notwithstanding the amount of time that an applicant has been suspended, inactive, or otherwise in
an other-than-active-status, any applicant who has been actively engaged in the authorized full-time
practice of law for no less than 24 of the 48 months immediately preceding their application will be
deemed to have met the learning and ability standard.
(d)
Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application
fee of $300 at the time the application for reinstatement is filed.
(e)
Exceptions. Any applicant otherwise qualified to file for reinstatement under this rule but who
(1)
during the period of the member’s suspension, resignation, active pro bono, inactive, or retired status
has been convicted in any jurisdiction of an offense that 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; or
(2)
during the period of the member’s suspension, resignation, active pro bono, inactive, or retired status,
has been suspended for professional misconduct for more than six months or has been disbarred by any
court other than the Supreme Court; or
(3)
has engaged in conduct that raises issues of possible violation of the Bar Act, former Code of
Professional Responsibility, or Rules of Professional Conduct; shall be required to seek reinstatement
under BR 8.1. Any applicant required to apply for reinstatement under BR 8.1 because of this rule shall
pay all fees, assessments and penalties due and delinquent at the time of the applicant’s resignation,
suspension or transfer to inactive status, and an application fee of $750 to the Bar at the time the
application for reinstatement is filed, together with any payments due under BR 8.6.
(f)
Referral of Application to Board. If the Chief Executive Officer is unable to determine from a review of an
informal application and any information gathered in the investigation of the application that the applicant for
reinstatement has made the showing required by BR 8.2(b), the Chief Executive Officer shall refer the
application to the Board for consideration, with notice to the applicant.
(g)
Board Consideration of Application. If, after a referral from the Chief Executive Officer, the Board
determines from its review of the informal application and any information gathered in the investigation of
the application that the applicant for reinstatement has made the showing required by BR 8.2(b), the Board
shall reinstate the applicant. If the Board determines that the applicant has not made the showing required by
BR 8.2(b), the Board shall deny the application for reinstatement. The Board also may determine that an
application filed under BR 8.2 be granted conditionally. The Board shall file an adverse recommendation or a
recommendation of conditional reinstatement with the Supreme Court under BR 8.7.
(h)
Suspension of Application. If the Chief Executive Officer or the Board, as the case may be, determines
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that additional information is required from an applicant regarding conduct during the period of suspension,
resignation, inactive, or retired status, the Chief Executive Officer or the Board, as the case may be, may
require additional information concerning the applicant’s conduct and defer consideration of the application
for reinstatement until the required information is obtained.
(Rule 8.2(b) amended by Order dated May 31, 1984, effective July 1, 1984.)
(Rule 8.2 amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 8.2 (a) and (b) amended by Order dated March 20, 1990, effective April 2, 1990.)
(Rule 8.2(a) amended by Order dated December 28, 1993.)
(Rule 8.2(a) amended by Order dated December 14, 1995.)
(Rule 8.2 amended by Order dated December 9, 2004, effective January 1, 2005.)
(Rule 8.2(d)(iii) amended by Order dated April 26, 2007.)
(Rule 8.2(c) and 8.2(d) amended by Order dated October 19, 2009.)
(Rule 8.2(a)(iv) added by Order dated June 6, 2012.)
(Rule 8.2(a)(v) added by Order dated August 12, 2013, effective November 1, 2013.)
(Rule 8.2(a)(i), 8.2(a)(ii), 8.2(a)(iii), 8.2(a)(iv), 8.2(a)(v), 8.2(d)(i), 8.2(d)(ii), and 8.2(d)(iii) redesignated as Rule 8.2(a)(1),
8.2(a)(2), 8.2(a)(3), 8.2(a)(4), 8.2(a)(5), 8.2(d)(1), 8.2(d)(2), and 8.2(d)(3); Rule 8.2(a), 8.2(a)(1), 8.2(a)(2), 8.2(a)(3),
8.2(a)(4), 8.2(a)(5), 8.2(b), 8.2(c), 8.2(d)(1), 8.2(d)(2), 8.2(d)(3), 8.2(e), 8.2(f), and 8.2(g) amended by Order dated May 3,
2017, effective January 1, 2018.)
(Rule 8.2(a), 8.2(a)(1), and 8.2(d)(1) amended and Rule 8.2(a)(6) and 8.2(a)(7) added by Order dated May 22, 2019,
effective September 1, 2019.)
(Rule 8.2(a)(8) added and Rule 8.2(d)(1) and 8.2(d)(2) amended by Order dated October 15, 2020, effective November 14,
2020.)
(Rule 8.2(g) amended by Order dated December 8, 2020.)
(Rule 8.2(a)(4) was amended by Order dated October 31, 2022, effective November 1, 2022.)
(Rule 8.2(a), 8.2(a)(1-6), 8.2(c), 8.2(c)(1-4), and Rule 8.2(d-g) redesignated as Rule 8.2(d-h) amended, Rule 8.2(a)(7) and
8.2(a)(8) deleted by Order dated December 14, 2022, effective January 1, 2023.
Rule 8.3 Reinstatement — Compliance Affidavit.
(a)
Applicants. Subject to the provisions of BR 8.1(a)(5), any person who has been a member of the Bar but
who has been suspended for misconduct for a period of six months or less may be reinstated upon the filing
of a Compliance Declaration with Disciplinary Counsel as set forth in BR 13.9, unless the court or Disciplinary
Board in any suspension order or decision shall have directed otherwise, or new charges have been
authorized against the attorney by the State Professional Responsibility Board.
(b)
Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application
fee of $250 at the time the application for reinstatement is filed.
(Rule 8.3 established by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 8.3(a) amended by Order dated December 28, 1993.)
(Rule 8.3(b) amended by Order dated October 19, 2009.)
(Rule 8.3(a) and 8.3(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.3 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 8.4 Reinstatement — Financial, Noncompliance With Minimum Continuing Legal Education, or
Trust Account Certification Matters.
(a)
Applicants. This rule applies to any person who has been a member of the Bar but has been suspended
solely for failure to pay the Professional Liability Fund assessment, Client Security Fund assessment or annual
membership fees or penalties, or failure to file a certificate disclosing lawyer trust accounts.
(b)
Reinstatement Requirements. An Applicant described in Rule 8.4(a) may be reinstated by the Chief
Executive Officer to the membership status from which the person was suspended within six months from the
date of the applicant’s suspension, upon payment to the Bar of all applicable assessments, fees and penalties
owed by the member to the Bar, and also,
(1)
for members suspended for failure to pay membership fees or penalties or the Client Security Fund
assessment, payment of a reinstatement fee of $100;
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(2)
for members suspended for failure to pay the Professional Liability Fund assessment, payment of a
reinstatement fee of $100;
(3)
for members suspended for failure to pay both membership fees or penalties or the Client Security
Fund assessment, and the Professional Liability Fund assessment, payment of a reinstatement fee of
$200;
(4)
for members suspended for failure to file a lawyer trust account certificate, filing such a certificate
with the Bar and payment of a reinstatement fee of $100; or
(5)
for members suspended for failure to comply with MCLE Rules and Regulations, cure of
noncompliance as described in MCLE Rule 7.5 together with payment of a reinstatement fee of $100.
(c)
Reinstatement Request. An applicant seeking reinstatement under this rule must submit a written request
to the Chief Executive Officer together with payment of all required sums. The request shall be on a form
prepared by the Bar for that purpose including an explanation how the applicant has complied with this rule
and an attestation that the applicant did not engage in the practice of law except where authorized to do so
during the period of the applicant’s suspension. The applicant shall submit the written request within six
months form the date of the applicant’s suspension.
(d)
Exceptions. Any applicant otherwise qualified to request reinstatement under this rule but who, during the
period of the member’s suspension, has been suspended for misconduct for more than six months or been
disbarred by any court other than the Supreme Court, must seek reinstatement under BR 8.1. Any applicant
required to apply for reinstatement under BR 8.1 pursuant to this rule shall pay all fees, assessments and
penalties due and delinquent at the time of the applicant’s suspension and an application fee of $500 to the
Bar at the time the application for reinstatement is filed, together with any payments due under BR 8.6.
(Rule 8.4 (former BR 8.3) amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 8.4(a)(ii) – 8.4(a)(iv) and 8.4(b) amended by Order dated October 19, 2009.)
(Rule 8.4(a) amended by Order dated June 6, 2012.)
(Rule 8.4(a)(i), 8.4(a)(ii), 8.4(a)(iii), 8.4(a)(iv), and 8.4(a)(v) redesignated as Rule 8.4(a)(1), 8.4(a)(2), 8.4(a)(3), 8.4(a)(4), and
8.4(a)(5); Rule 8.4(a) and 8.4(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.4(a), 8.4(a)(1). 8.4(a)(2), 8.4(a)(3), 8.4(a)(4), and Rule 8.4(b) redesignated as Rule 8.4(a), 8.4(b)(1), 8.4(b)(2),
8.4(b)(3), 8.4(b)(4), 8.4(b)(5), 8.4(c), and Rule 8.4(d) amended by Order dated October 31, 2022, effective November 1,
2022.)
Rule 8.5 Reinstatement — Noncompliance With Ethics School Requirements.
(a)
Applicants. Subject to BR 8.1(a)(viii), any person who has been a member of the Bar but suspended solely
for failure to comply with the requirements of the Ethics School established by BR 6.4 may seek reinstatement
at any time subsequent to the date of the applicant’s suspension by meeting the following conditions:
(1)
Completing the requirements that led to the suspension;
(2)
Filing a written statement with the Chief Executive Officer, on a form prepared by the Bar for that
purpose, which establishes compliance with this rule and the applicable Ethics School Rule and attests
that the applicant did not engage in the practice of law except where authorized to do so during the
period of the applicant’s suspension; and
(3)
Submitting a reinstatement fee of $100 at the time of filing the written statement.
(b)
Referral to Supreme Court. Upon compliance with the requirements of this rule, the Chief Executive Officer
shall submit a recommendation to the court with a copy to the applicant. No reinstatement is effective until
approved by the court.
(c)
Exception. Reinstatement under this rule shall have no effect upon any member’s status under any other
proceeding under these Rules of Procedure.
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(Rule 8.4 established by Order dated November 24, 1987, effective January 1, 1988.)
(Rule 8.5 (former BR 8.4) amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 8.5(a) amended by Order dated December 14, 1995.)
(Rule 8.5(a) amended by Order dated October 19, 2009.)
(Rule 8.5(a) amended by Order dated June 6, 2012.)
(Rule 8.5(a)(i), 8.5(a)(ii), and 8.5(a)(iii) redesignated as Rule 8.5(a)(1), 8.5(a)(2), and 8.5(3); Rule 8.5(a), 8.5(a)(2), 8.5(a)(3),
and 8.5(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.5(a) and 8.5(a)(2) amended by order dated October 31, 2022, effective November 1, 2022.)
Rule 8.6 Other Obligations Upon Application.
(a)
Financial Obligations. Each applicant seeking reinstatement shall pay to the Bar, at the time the
application for reinstatement is filed, all past due assessments, fees, and penalties owed to the Bar for prior
years, and the membership fee and Client Security Fund assessment for the year in which the application for
reinstatement is filed, less any active or inactive membership fees or Client Security Fund assessment paid by
the applicant previously for the year of application. Each applicant under BR 8.1(a)(1) and BR 8.1(a)(8), shall
also pay to the Bar, at the time of application, an amount equal to $100 for each year the applicant remained
suspended or resigned, and for which no membership fee has been paid. Each applicant under BR 8.2(a)(1),
BR 8.2(a)(3), or (4) shall also pay to the Bar, at the time of application, an amount equal to $100 for each year
the applicant remained suspended or resigned and for which no membership fee has been paid. Each
applicant shall also pay, upon reinstatement, any applicable assessment to the Professional Liability Fund.
(b)
Judgment for Costs; Client Security Fund Claim. Each applicant shall also pay to the Bar, at the time of
application:
(1)
any unpaid judgment for costs and disbursements assessed in a disciplinary or contested
reinstatement proceeding; and
(2)
an amount equal to any claim paid by the Client Security Fund due to the applicant’s conduct, plus
accrued interest thereon.
(c)
Refunds. In the event an application for reinstatement is denied, the Bar shall refund to the applicant the
membership fees and assessments paid for the year the application was filed, less the membership fees and
assessments that applied during any temporary reinstatement under BR 8.7.
(d)
Adjustments. In the event an application for reinstatement is filed in one year and not acted upon until the
following year, the applicant shall pay to the Bar, prior to reinstatement, any increase in membership fees or
assessments since the date of application. If a decrease in membership fees and assessments has occurred,
the Bar shall refund the decrease to the applicant.
(Rule 8.6(a) and (b) amended by Order dated December 14, 1995.)
(Rule 8.6(a), (b) and (c) amended by Order dated February 5, 2001.)
(Rule 8.6(a) amended by Order dated June 6, 2012.)
(Rule 8.6(a) amended by Order dated August 10, 2015.)
(Rule 8.6(b)(i) and 8.6(a)(ii) redesignated as Rule 8.6(b)(1) and 8.6(b)(2); Rule 8.6(a) amended by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 8.6(a) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 8.6(a) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 8.7 Board Investigation and Recommendation.
(a)
Investigation and Recommendation. On the filing of an application for reinstatement under BR 8.1 and BR
8.2 in which the applicant seeks reinstatement for reasons other than previously imposed discipline,
Regulatory Counsel shall conduct such investigation as it deems proper and report to the Chief Executive
Officer, as the case may be. For all applications filed pursuant to BR 8.1 or BR 8.2(d) in which applicants seek
reinstatement as a result of imposed discipline or as otherwise provided in BR 8.2(d), Disciplinary Counsel shall
conduct such investigations as it deems proper and report to the Chief Executive Officer, as necessary. For
applications filed under BR 8.1, the Chief Executive Officer, as the case may be, shall recommend to the
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Supreme Court that the application be granted, conditionally or unconditionally, or denied, and shall mail a
copy of its recommendation to the applicant.
(b)
Temporary Reinstatements. Except as provided herein, upon making a determination that the applicant is
of good moral character and generally fit to practice law, the Chief Executive Officer may temporarily
reinstate an applicant pending receipt of all investigatory materials. A temporary reinstatement shall not
exceed a period of four months unless authorized by the court. An applicant who seeks reinstatement
following a suspension or disbarment for professional misconduct, or an involuntary transfer to inactive
status, shall not be temporarily reinstated pursuant to this rule.
(c)
Conditional Reinstatement. The Bar may make a recommendation for voluntary conditional reinstatement
to the Court for a formal reinstatement under BR 8.1 or BR 8.2 if the Bar’s investigation establishes concerns
about the applicant’s current or future character and fitness practicing law due to past conduct. The Bar may
propose to the applicant to recommend to the court voluntary conditional reinstatement of the applicant
with probationary conditions to mitigate concerns about an applicant’s character and fitness. The applicant
must agree to voluntary conditional reinstatement for the Bar to submit a recommendation of voluntary
conditional reinstatement to the court. All voluntary conditional reinstatements, including probationary
conditions, require approval from the Court. The Court may modify or deny conditional reinstatement.
(Rule 8.7 amended by Order dated December 28, 1993.)
(Rule 8.7(a) amended by Order dated December 9, 2004, effective January 1, 2005.)
(Rule 8.7(a) and (b) amended by Order dated April 5, 2013.)
(Rule 8.7(a) and 8.7(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.7(a) amended by Order dated December 8, 2020.)
(Rule 8.7(a) and (b) amended, and Rule 8.7(c) added by Order dated December 26, 2023, effective January 1, 2024.)
Rule 8.8 Petition to Review Adverse Recommendation.
(a)
Not later than 28 days after the Bar files an adverse recommendation regarding the applicant with the
Supreme Court, an applicant who desires to contest the Bar’s recommendation shall file with the State Court
Administrator a petition stating in substance that the applicant desires to have the case reviewed by the court,
serving a copy on Disciplinary Counsel. The State Court Administrator shall give written notice of such a
referral to the Disciplinary Board Clerk, Disciplinary Counsel, and the applicant. The applicant’s resignation,
disbarment, suspension, inactive, or retired membership status shall remain in effect until the court’s final
disposition of the petition.
(b)
If the court considers it appropriate, it may refer the petition to the Disciplinary Board to inquire into the
applicant’s moral character and general fitness to practice law. If the court determines that the applicant has
not satisfied the burden of proof set out in BR 8.12, the court may deny the application or it may remand to
the Board, or take any other action that it deems appropriate.
(Rule 8.8 amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 8.8 amended by Order dated April 5, 2013.)
(Rule 8.8 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.8 amended and redesignated as Rule 8.8(a) and 8.8(b) by Order dated October 27, 2019, effective December 1,
2019.)
Rule 8.9 Procedure on Referral By Supreme Court.
On receipt of notice of a referral to the Disciplinary Board under BR 8.8, Disciplinary Counsel may appoint Bar
Counsel to represent the Bar. Disciplinary Counsel or Bar Counsel shall prepare and file with the Disciplinary
Board Clerk, with proof of service on the applicant, a statement of objections. The statement of objections
shall be substantially in the form set forth in BR 13.5.
(Rule 8.9 amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 8.9 amended by Order dated May 3, 2017, effective January 1, 2018.)
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Rule 8.10 Answer to Statement Of Objections.
The applicant shall answer the statement of objections within 14 days after service of the statement and
notice to answer upon the applicant. The answer shall be responsive to the objections filed. General denials
are not allowed. The answer shall be substantially in the form set forth in BR 13.3 and shall be filed with the
Disciplinary Board Clerk, with proof of service on Disciplinary Counsel. After the answer is filed or upon the
expiration of the time allowed in the event the applicant fails to answer, the matter shall proceed to hearing.
(Rule 8.10 amended by Order dated July 17, 2003, effective July 1, 2003.)
(Rule 8.10 amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 8.11 Hearing Procedure.
Titles 4, 5, and 10 apply as far as practicable to reinstatement proceedings referred by the Supreme Court to
the Disciplinary Board for hearing.
(Rule 8.11 amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 8.12 Burden of Proof.
An applicant has the burden of proving the elements of the applicable standard by clear and convincing
evidence.
(Rule 8.12 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.12 amended by Order dated October 27, 2019, effective December 1, 2019.)
Rule 8.13 Burden Of Producing Evidence.
While an applicant for reinstatement has the ultimate burden of proof to establish good moral character and
general fitness to practice law, the Bar shall initially have the burden of producing evidence in support of its
position that the applicant should not be readmitted to the practice of law.
Rule 8.14 Reinstatement and Transfer--Active Pro Bono.
(a)
Reinstatement from Inactive Status. An applicant who has been enrolled voluntarily as an inactive member
and who has not engaged in any of the conduct described in BR 8.2(d) may be reinstated by the Chief
Executive Officer to Active Pro Bono status. The Chief Executive Officer may deny the application of such an
applicant for reinstatement for the reasons set forth in BR 8.2(d), in which case the applicant may be
reinstated only upon successful compliance with all of the provisions of BR 8.2. The application for
reinstatement to Active Pro Bono status shall be on a form prepared by the Bar for such purpose. No fee is
required.
(b)
Transfer to Regular Active Status. An applicant who has been on Active Pro Bono status for a period of
5 years or less and who desires to be eligible to practice law without restriction may be transferred to regular
active status in the manner provided in and subject to the requirements of BR 8.1 and BR 8.2.
(Rules 8.5 - 8.11 amended by Order dated November 24, 1987, effective January 1, 1988.)
(Rules 8.6 - 8.13 amended by Order dated March 13, 1989, effective April 1, 1989.)
(Rule 8.14 added by Order dated September 6, 2001, effective September 6, 2001.)
(Rule 8.14(a) and (b) amended by Order dated October 19, 2009.)
(Rule 8.14(a) and 8.14(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 8.14(b) amended by Order dated October 15, 2020, effective November 14, 2020.)
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Title 9 — Resignation
Rule 9.1 Resignation.
An attorney or LP may resign membership in the Bar by filing a resignation that shall be effective only on
acceptance by the Supreme Court. If no inquiries or grievances involving the attorney or LP are under
investigation by the Bar, no disciplinary proceedings are pending against the attorney or LP, the attorney or LP
is not suspended, disbarred, or on probation pursuant to BR 6.1 or BR 6.2, and the attorney or LP is not
charged in any jurisdiction with an offense that is a misdemeanor that may involve moral turpitude, a felony
under the laws of this state, or a crime punishable by death or imprisonment under the laws of the United
States, the resignation must be on the form set forth in BR 13.6 and shall be filed with Regulatory Counsel. In
all other circumstances, the resignation must be on the form set forth in BR 13.7 and shall be filed with
Disciplinary Counsel.
(Rule 9.1 amended by Order dated February 5, 2001.)
(Rule 9.1 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 9.1 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 9.1 amended by Order dated December 8, 2020.)
(Rule 9.1 amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 9.2 Acceptance Of Resignation.
Disciplinary or Regulatory Counsel, as the case may be, shall promptly forward the resignation to the State
Court Administrator for submission to the Supreme Court. Upon acceptance of the resignation by the court,
the name of the resigning attorney or LP shall be stricken from the roll of attorneys or LPs; and they shall no
longer be entitled to the rights or privileges of an attorney or LP, but shall remain subject to the jurisdiction of
the court with respect to matters occurring while they were an attorney or LP. Unless otherwise ordered by
the court, any pending investigation of charges, allegations, or instances of alleged misconduct by the
resigning attorney or LP shall, on the acceptance by the court of their resignation, be closed, as shall any
pending disciplinary proceeding against the attorney or LP.
(Rule 9.2 amended by Order dated February 5, 2001.)
(Rule 9.2 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 9.2 amended by Order dated December 8, 2020.)
(Rule 9.2 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 9.2 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 9.3 Duties Upon Resignation.
(a)
Attorney or LP to Discontinue Practice. An attorney or LP who has resigned membership in the Oregon
State Bar shall not practice law after the effective date of the resignation. This rule shall not preclude an
attorney or LP who has resigned from providing information on the facts of a case and its status to a
succeeding attorney or LP, and such information shall be provided on request.
(b)
Responsibilities. It shall be the duty of an attorney or LP who has resigned to immediately take all
reasonable steps to avoid foreseeable prejudice to any client and to comply with all applicable laws and
disciplinary rules.
(c)
Notice. When, as a result of an attorney's or LP’s resignation, an active client matter will be left for which
no other active member of the Bar, with the consent of the client, has agreed to resume responsibility, the
resigned attorney or LP shall give written notice of the cessation of practice to the affected clients, opposing
parties, courts, agencies, and any other person or entity having reason to be informed of the cessation of
practice. Such notice shall be given no later than fourteen (14) days after the effective date of the resignation.
Client property pertaining to any active client matter shall be delivered to the client or an active member of
the Bar designated by the client as substitute counsel no later than 21 days after the effective date of the
resignation.
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(d)
Contempt. Disciplinary Counsel may petition the Supreme Court to hold an attorney or LP who has
resigned in contempt for failing to comply with the provisions of BR 9.3(a), (b), or (c). The court may order the
attorney or LP to appear and show cause, if any, why the attorney or LP should not be held in contempt of
court and sanctioned accordingly.
(Rule 9.3 amended by Order dated March 13, 1989, effective April 1, 1989.)
(Former Rule 9.3(c) redesignated as Rule 9.3(d); Rule 9.3(c) added; and Rule 9.3(d) amended by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 9.3(d) amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 9.3 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 9.3(c) amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 9.4 Effect of Form B Resignation.
An attorney or LP who has resigned membership in the Bar under Form B of these rules after December 31,
1995, shall never be eligible to apply for reinstatement under Title 8 of these rules and shall not be considered
for admission under OR 9.220 or on any basis under the Rules for Admission of Attorneys.
(Rule 9.4 added by Order dated December 14, 1995.)
(Rule 9.4 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 9.4 amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 9.5 Effect of Form A Resignation after November 30, 2019.
An attorney or LP who has resigned membership in the Bar under Form A of these rules after November 30,
2019, shall never be eligible to apply for reinstatement under Title 8 of these rules, but may be considered for
admission under ORS 9.220 or any basis under the Rules for Admission of Attorneys or Rules for Admission of
Licensed Paralegals.
(Rule 9.5 repealed by Order dated January 17, 2008.)
(Rule 9.5 added by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 9.5 amended by Order dated August 17, 2022, effective July 1, 2023.)
Title 10 — Review By Supreme Court
Rule 10.1 Disciplinary Proceedings.
Upon the conclusion of a disciplinary hearing, the Adjudicator, pursuant to BR 1.8, shall file the trial panel’s
written opinion with the Disciplinary Board Clerk, and the Disciplinary Board Clerk shall send copies to
Disciplinary Counsel, Bar Counsel, and the respondent. The Bar or the respondent may seek review of the
matter by the Supreme Court; otherwise, the decision of the trial panel shall be final on the 31st day following
the notice of receipt of the trial panel opinion by the Disciplinary Board Clerk.
(Rule 10.1 amended by Order dated July 8, 1988.)
(Rule 10.1 amended by Order dated August 2, 1991.)
(Rule 10.1 amended by Order dated August 19, 1997, effective October 4, 1997.)
(Rule 10.1 amended by Order dated February 5, 2001.)
(Rule 10.1 amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 10.1 amended by Order dated June 17, 2003, effective January 1, 2004.)
(Rule 10.1 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 10.1 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 10.1 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 10.2 Request for Review.
Within 30 days after the Disciplinary Board Clerk has acknowledged, as required by BR 2.4(h)(4), receipt of a
trial panel opinion, the Bar or the respondent may file with the Disciplinary Board Clerk and the State Court
Administrator a request for review as set forth in BR 13.8. A copy of the request for review shall be served on
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the opposing party.
(Rule 10.2 amended by Order dated July 22, 1991.)
(Rule 10.2 amended by Order dated February 5, 2001.)
(Rule 10.2 amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 10.2 amended by Order dated October 19, 2009.)
(Rule 10.2 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 10.2 amended by Order dated May 22, 2019, effective September 1, 2019.)
Rule 10.3 Contested Reinstatement Proceeding.
Upon the conclusion of a contested reinstatement hearing, the trial panel shall file its written opinion with
the Disciplinary Board Clerk and the State Court Administrator, and serve copies on Disciplinary Counsel and
the applicant. Each such reinstatement matter shall be reviewed by the Supreme Court.
(Rule 10.3 amended by Order dated July 8, 1988.)
(Rule 10.3 amended by Order dated August 19, 1997, effective October 4, 1997.)
(Rule 10.3 amended by Order dated February 5, 2001.)
(Rule 10.3 corrected by Order dated June 28, 2001.)
(Rule 10.3 amended by Order dated June 17, 2003, effective July 1, 2003 .)
(Rule 10.3 amended by Order dated June 17, 2003, effective January 1, 2004.)
(Rule 10.3 amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 10.4 Filing In Supreme Court.
(a)
Record. Disciplinary Counsel shall file the record of a proceeding with the State Court Administrator upon
the receipt by Disciplinary Counsel of:
(1)
a request for review timely filed pursuant to BR 10.2; or
(2)
a trial panel opinion in any contested reinstatement proceeding.
The record shall include a copy of the trial panel’s opinion. Upon receipt of the record, the matter shall be
reviewed by the court as provided in BR 10.5.
(Rule 10.4(a)(i) amended by Order dated July 22, 1991.)
(Rule 10.4 amended by Order dated June 29, 1993.)
(Rule 10.4(a)(ii) and (b) amended by Order dated August 19, 1997, effective October 4, 1997.)
(Rule 10.4 amended by Order dated June 17, 2003, effective January 1, 2004.)
(Former Rule 10.4(a)(i) and 10.4(a)(ii) redesignated as Rule 10.4(a)(1) and 10.4(a)(2); Rule 10.4(a), 10.4(a)(1), and
10.4(a)(2) amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 10.5 Procedure In Supreme Court.
(a)
Briefs. No later than 28 days after the Supreme Court’s written notice to Disciplinary Counsel and the
respondent or applicant of receipt of the record, the party who requested review or the applicant, as the case
may be, must file an opening brief. The brief must include a request for relief asking the court to adopt,
modify, or reject, in whole or in part, the decision of the trial panel. Otherwise, the format of the opening brief
and the timing and format of any answering or reply briefs shall be governed by the applicable Oregon Rules
of Appellate Procedure. The failure of the Bar or a respondent or applicant to file a brief does not prevent the
opposing litigant from filing a brief. Answering briefs are not limited to issues addressed in petitions or
opening briefs, and may urge the adoption, modification, or rejection in whole or in part of any decision of the
trial panel.
(b)
Oral Argument. The Oregon Rules of Appellate Procedure relating to oral argument apply in disciplinary
and contested reinstatement proceedings.
(Rule 10.5(b) and (c) amended by Order dated July 22, 1991.)
(Rule 10.5(b), 10.5(c), and 10.5(d) amended by Order dated October 19, 2009.)
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(Former Rule 10.5(a) and 10.5(b) deleted; former Rule 10.5(c) and 10.5(d) redesignated as Rule 10.5(a) and 10.5(b); Rule
10.5(a) and 10.5(b) amended by Order dated May 3, 2017, effective January 1, 2018.)
Rule 10.6 Nature Of Review.
The Supreme Court shall consider each matter de novo upon the record and may adopt, modify, or reject the
decision of the trial panel in whole or in part and thereupon enter an appropriate order. In admission or
reinstatement proceedings, the Supreme Court may require an applicant whose admission or reinstatement
has been denied to wait a period of time designated by the court before reapplying for admission or
reinstatement.
(Rule 10.6 amended by Order dated July 22, 1991.)
(Rule 10.6 amended by Order dated October 19, 2009.)
(Rule 10.6 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 10.6 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 10.6 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 10.7 Costs and Disbursements.
(a)
Costs and Disbursements. “Costs and disbursements” are actual and necessary (1) service, filing and
witness fees; (2) expenses of reproducing any document used as evidence at a hearing, including perpetuation
depositions or other depositions admitted into evidence; (3) expenses of the hearing transcript, including the
cost of a copy of the transcript if a copy has been provided by the Bar to a respondent or an applicant without
charge; and (4) the expense of preparation of an appellate brief in accordance with ORAP 13.05. Lawyer fees
are not recoverable costs and disbursements, either at the hearing or on review. Prevailing party fees are not
recoverable by any party.
(b)
Allowance of Costs and Disbursements. In any discipline or contested reinstatement proceeding, costs and
disbursements as permitted in BR 10.7(a) may be allowed to the prevailing party by the Disciplinary Board or
the Supreme Court. A respondent or applicant prevails when the charges against the respondent are
dismissed in their entirety or the applicant is unconditionally reinstated to the practice of law in Oregon. The
Bar shall be considered to have prevailed in all other cases.
(c)
Recovery After Offer of Settlement. A respondent may, at any time up to fourteen (14)days prior to
hearing, serve upon Disciplinary Counsel an offer to enter into a stipulation for discipline or no contest plea
under BR 3.6. In the event the SPRB rejects such an offer, and the matter proceeds to hearing and results in a
final decision of the Disciplinary Board or the court imposing a sanction no greater than that to which the
respondent was willing to plead no contest or stipulate based on the charges the respondent was willing to
concede or admit, the Bar shall not recover, and the respondent shall recover, actual and necessary costs
and disbursements as permitted in BR 10.7(a) incurred after the date the SPRB rejected the respondent’s
offer.
(d)
Procedure for Recovery and Collection. The procedure set forth in the Oregon Rules of Appellate Procedure
regarding the filing of cost bills and objections thereto shall apply, except that, in matters involving final
decisions of the Disciplinary Board, cost bills and objections thereto shall be resolved by the Adjudicator. The
cost bill and objections thereto shall be filed with the Disciplinary Board Clerk, with proof of service on the
other party, and shall not be due until 21 days after the date a trial panel’s decision is deemed final under
BR 10.1. The procedure for entry of judgments for costs and disbursements as judgment liens shall be as
provided in ORS 9.536.
(Rule 10.7 amended by Order dated June 25, 1985, effective July 15, 1985; amended by further Orders dated July 8, 1985
and July 22, 1985; amended by Order dated March 13, 1989, effective April 1, 1989. Rule 10.7 (a) amended by Order dated
October 1, 1990; amended by Order dated June 28, 2001.)
(Rule 10.7(d) amended by Order dated June 17, 2003, effective July 1, 2003.)
(Rule 10.7(a) and (d) amended by Order dated April 26, 2007.)
(Rule 10.7(b) amended by Order dated October 19, 2009.)
(Rule 10.7(a), 10.7(b), 10.7(c), and 10.7(d) amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 10.7(b) amended by Order dated December 26, 2023, effective January 1, 2024.)
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Title 11 — Time Requirements
Rule 11.1 Failure to Meet Time Requirements.
The failure of any person or body to meet any time limitation or requirement in these rules shall not be
grounds for the dismissal of any charge or objection, unless a showing is made that the delay substantially
prejudiced the ability of the respondent or applicant to receive a fair hearing.
(Rule 11.1 amended by Order dated May 3, 2017, effective January 1, 2018.)
Title 12 — Unlawful Practice of Law Committee
Rule 12.1 Appointment.
The Supreme Court may appoint as many members as it deems necessary to carry out the Unlawful Practice of
Law Committee’s functions. At least two members of the Unlawful Practice of Law Committee must be
members of the general public, and no more than one-quarter of the Unlawful Practice of Law Committee
members may be lawyers engaged in the private practice of law.
Rule 12.2 Investigative Authority.
Pursuant to ORS 9.164, the Unlawful Practice of Law Committee shall investigate on behalf of the Bar
complaints of the unlawful practice of law. For purposes of this rule, “unlawful practice of law” means (1) the
practice of law in Oregon, as defined by the Supreme Court, by a person who is not an active member of the
Bar and is not otherwise authorized by law to practice law in Oregon; or (2) holding oneself out, in any
manner, as authorized to practice law in Oregon when not authorized to practice law in Oregon.
Rule 12.3 Public Outreach and Education.
(a)
The Unlawful Practice of Law Committee may engage in public outreach to educate the public about the
potential harm caused by the unlawful practice of law. The Unlawful Practice of Law Committee may
cooperate in its education efforts with federal, state, and local agencies tasked with preventing consumer
fraud.
(b)
The Unlawful Practice of Law Committee may write informal opinions on questions relating to what
activities may constitute the practice of law. Opinions must be approved by the Board before publication. The
published opinions are not binding, but are intended only to provide general guidance to lawyers and
members of the public about activities that Supreme Court precedent and Oregon law indicate may constitute
the unlawful practice of law.
Rule 12.4 Enforcement.
The Bar may petition the Supreme Court to hold a disbarred attorney or LP or an attorney or LP whose
resignation pursuant to BR 9.1 has been accepted by the court in contempt for engaging in the unlawful
practice of law. The court may order the disbarred or resigned attorney or LP to appear and show cause, if
any, why the disbarred or resigned attorney or LP should not be held in contempt of court and sanctioned
accordingly.
(Former Title 12 redesignated as Title 13; Title 12, Rule 12.1, 12.2, 12.3, and 12.4 added by Order dated May 3, 2017,
effective January 1, 2018.)
(Rule 12.4 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 12.4 amended by Order dated August 17, 2022, effective July 1, 2023.)
Title 13 — Forms
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Rule 13.1 Formal Complaint.
A formal complaint in a disciplinary proceeding shall be in substantially the following form:
IN THE SUPREME COURT
OF THE STATE OF OREGON
In Re: ) No.
)
Complaint as to the conduct of ) FORMAL
, Respondent ) COMPLAINT
For its first cause of complaint, the Oregon State Bar alleges:
1.
The Oregon State Bar was created and exists by virtue of the laws of the State of Oregon and is, and at all
times mentioned herein was, authorized to carry out the provisions of ORS Chapter 9, relating to discipline of
attorneys or licensed paralegals..
2.
The Respondent, , is, and at all times mentioned herein was, an attorney at law
or a Licensed Paralegal, duly admitted by the Supreme Court of the State of Oregon to practice law in
Oregon and a member of the Oregon State Bar, having his [her] office and place of business in the County of
, State of
.
3.
et seq.
(State with certainty and particularity the actions of the Respondent alleged to be in violation of the
disciplinary rules or statutes, including time, place and transaction, if necessary.)
4.
(or next number)
The aforesaid conduct of the Respondent violated the following standard[s] of professional conduct
established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).
AND, for its second cause of complaint against said Respondent, the Oregon State Bar alleges:
5.
(or next number)
Incorporates by reference as fully set forth herein Paragraphs , , , and of its first cause
of complaint.
6.
(or next number)
(State with certainty and particularity the actions of the Respondent alleged to be in violation of the
disciplinary rules or statutes, including time, place and transaction, if necessary.)
7.
(or next number)
The aforesaid conduct of the Respondent violated the following standard[s] of professional conduct
established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).
AND, for its third cause of complaint against said Respondent, the Oregon State Bar alleges:
8.
(or next number)
Incorporates by reference as fully set forth herein Paragraphs , , , , and of its
first cause of complaint and Paragraphs , , , and of its second cause of complaint.
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9.
(or next number)
(State with certainty and particularity the actions of the Respondent alleged to be in violation of the
disciplinary rules or statutes, including time, place and transaction, if necessary.)
10.
(or next number)
The aforesaid conduct of the Respondent violated the following standard[s] of professional conduct
established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).
WHEREFORE, the Oregon State Bar demands that the Respondent make answer to this complaint; that a
hearing be set concerning the charges made herein; that the matters alleged herein be fully, properly and
legally determined; and pursuant thereto, such action be taken as may be just and proper under the
circumstances.
DATED this day of , 20 .
OREGON STATE BAR
By:
Disciplinary Counsel
(Rule 12.1 amended by Order dated February 5, 2001.)
(Former Rule 12.1 redesignated as Rule 13.1; Rule 13.1 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.1 amended by Order dated August 17, 2022, effective July 1, 2023.)
(Rule 13.1 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 13.2 Notice to Answer.
A copy of the formal complaint (statement of objections), accompanied by a notice to answer it within a
designated time, shall be served on the respondent (applicant). Such notice shall be in substantially the
following form:
(Heading as in complaint/statement of objections)
NOTICE TO ANSWER
You are hereby notified that a formal complaint against you (statement of objections to your reinstatement)
has been filed by the Oregon State Bar, a copy of which formal complaint (statement of objections) is attached
hereto and served upon you herewith. You are further notified that you may file with the Disciplinary Board
Clerk, with a service copy to Disciplinary Counsel, your verified answer within fourteen (14) days from the date
of service of this notice upon you. In case of your default in so answering, the formal complaint (statement of
objections) shall be heard and such further proceedings had as the law and the facts shall warrant.
(The following paragraph shall be used in a disciplinary proceeding only:)
You are further notified that an attorney or LP accused of misconduct may, in lieu of filing an answer, elect to
file with Disciplinary Counsel of the Oregon State Bar, a written resignation from membership in the Oregon
State Bar. Such a resignation must comply with BR 9.1 and be in the form set forth in BR 12.7. You should
consult an attorney of your choice for further information about resignation.
The address of the Oregon State Bar is 16037 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, or by mail
at P. O. Box 231935, Tigard, Oregon 97281-1935.
DATED this day of , 20 .
OREGON STATE BAR
By:
Disciplinary Counsel
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(Rule 12.2 amended by Order dated February 5, 2001.)
(Rule 12.2 amended by Order dated April 26, 2007.)
(Rule 12.2 amended by Order dated March 20, 2008.)
(Rule 12.2 amended by Order dated October 19, 2009.)
(Former Rule 12.2 redesignated as Rule 13.2; Rule 13.2 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.2 amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 13.3 Answer.
The answer of the respondent (applicant) shall be in substantially the following form:
(Heading as in complaint/statement of objections)
ANSWER
, (name of respondent (applicant)), whose residence address is
, in the County of , State of
Oregon, and who maintains his [her] principal office for the practice of law or other business at
, in the County of , State of Oregon, answers
the formal complaint (statement of objections) in the above-entitled matter as follows:
1.
Admits the following matters charged in the formal complaint (statement of objections) as follows:
2.
Denies the following matters charged in the formal complaint (statement of objections) as follows:
3.
Explains or justifies the following matters charged in the formal complaint (statement of objections).
4.
Sets forth new matter and other defenses not previously stated, as follows:
5.
WHEREFORE, the accused (applicant) prays that the formal complaint (statement of objections) be dismissed.
DATED this day of , 20
.
RESPONDENT (APPLICANT)
Attorney for Respondent (Applicant)
I hereby declare that the above statement is true to the best of my knowledge and belief, and that I
understand it is made for use as evidence in the trial panel hearing and is subject to penalty for perjury.
RESPONDENT (APPLICANT)
(Former Rule 12.3 redesignated as Rule 13.3; Rule 13.3 amended by Order dated May 3, 2017, effective January 1, 2018.)
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Rule 13.4 [Reserved for expansion]
(Rule 12.4 repealed by Order dated July 22, 1991.)
(Former Rule 12.4 redesignated as Rule 13.4 by Order dated May 3, 2017, effective January 1, 2018.)
Rule 13.5 Statement of Objections To Reinstatement.
In a contested reinstatement proceeding, the statement of objections shall be in substantially the following
form:
IN THE SUPREME COURT
OF THE STATE OF OREGON
In The Matter Of The )
Application of ) STATEMENT
) OF
For Reinstatement as ) OBJECTIONS
an Active Member ) TO
of the Oregon State Bar ) REINSTATEMENT
The Oregon State Bar objects to the qualifications of the Applicant for reinstatement on the ground and for
the reason that the Applicant has not shown, to the satisfaction of the Board of Governors, that he [she] has
the good moral character or general fitness required for readmission to practice law in Oregon, that his [her]
readmission to practice law in Oregon will be neither detrimental to the integrity and standing of the Bar or
the administration of justice, nor subversive to the public interest, or that he [she] is, in all respects, able and
qualified, by good moral character and otherwise, to accept the obligations and faithfully perform the duties
of an attorney in Oregon, in one or more of the following particulars:
1.
The Applicant does not possess good moral character or general fitness to practice law, in that the Applicant,
(state the facts of the matter)
2.
(Same)
3.
(Same)
WHEREFORE, the Oregon State Bar requests that the recommendation of the Board of Governors to the
Supreme Court of the State of Oregon in this matter be approved and adopted by the Court and that the
application of the Applicant for reinstatement as an active member of the Oregon State Bar be denied.
DATED this day of
, 20 .
OREGON STATE BAR
By:
Disciplinary Counsel
(Rule 12.5 amended by Order dated February 5, 2001.)
(Rule 12.5 amended by Order dated October 19, 2009.)
(Former Rule 12.5 redesignated as Rule 13.5 by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.5 amended by Order dated December 26, 2023, effective January 1, 2024.)
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Rule 13.6 Form A Resignation.
IN THE SUPREME COURT
OF THE STATE OF OREGON
In Re: ) FORM A
(Name) ) RESIGNATION
I, , declare that my residence address is
(No. and Street), (City),
(State), (Zip Code), and that I hereby tender my resignation from membership in the Oregon State
Bar and respectfully request and consent to my removal from the roster of those admitted to practice before
the courts of this state and from membership in the Oregon State Bar.
I hereby certify that I am not charged in any jurisdiction with an offense that is a misdemeanor that may
involve moral turpitude, a felony under the laws of this state, or a crime punishable by death or imprisonment
under the laws of the United States.
I hereby certify that all client files and client records in my possession pertaining to active or current clients
have been or will be placed promptly in the custody of , a resident
Oregon attorney, whose principal office address is , who
has agreed to serve as custodian to take possession of the files and take such further action as necessary to
protect the interests of the clients, and that all such clients have been or will be promptly notified accordingly,
and that the following arrangements have been made with regard to client files and records pertaining to
inactive or former clients, if any:
OR
I hereby certify that all client files and client records pertaining to active or current clients have been or will be
placed promptly in the custody of the Professional Liability Fund, which has agreed to take possession of the
files and take such further action as necessary to protect the interests of the clients, and that such clients have
been or will be promptly notified accordingly, and that the following arrangements have been made with
regard to client files and records pertaining to inactive or former clients, if any:
OR
I hereby certify that I have no client files or client records pertaining to active or current clients and that the
following arrangements have been made with regard to client files and records pertaining to inactive or
former clients, if any:
I agree to perform the duties of a resigned attorney set forth in BR 9.3 and that I may be held in contempt of
court if I do not.
DATED at ,this day of , 20 .
I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND
THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.
(Signature of Member)
I, , Chief Executive Officer of the Oregon State Bar, do hereby certify that there are no
inquiries or grievances involving the above-name attorney under investigation by the Bar, no disciplinary
proceedings are pending against the attorney, and the attorney is not suspended, disbarred, or on probation
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pursuant to BR 6.1 and BR 6.2.
DATED this day of , 20 .
OREGON STATE BAR
By:
Chief Executive Officer
(Former Rule 12.6 redesignated as Rule 13.6; Rule 13.6 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.6 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 13.6 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 13.7 Form B Resignation.
IN THE SUPREME COURT
OF THE STATE OF OREGON
In Re:
(Name)
)
)
FORM B
RESIGNATION
State of
County of
)
) ss
I, , being duly sworn on oath, depose and say that my principal office for the
practice of law or other business is located at (Building No. and Name, if
any, or Box No.), (Street address, if any),
(City),
(State), (Zip Code); that my residence address is
(No. and Street), (City), (State), (Zip Code), and that I
hereby tender my resignation from membership in the Oregon State Bar and request and consent to my
removal from the roster of those admitted to practice before the courts of this state and from membership in
the Oregon State Bar.
I am aware that there is pending against me a formal complaint concerning alleged misconduct and/or that
complaints, allegations or instances of alleged misconduct by me are under investigation by the Oregon State
Bar and that such complaints, allegations and/or instances include:
(List of formal complaints, proceedings or investigations pending.)
I do not desire to contest or defend against the above-described complaints, allegations or instances of
alleged misconduct. I am aware of the rules of the Supreme Court and of the bylaws and rules of procedure of
the Oregon State Bar with respect to admission, discipline, resignation and reinstatement of members of the
Oregon State Bar. I understand that any future application by me for reinstatement as a member of the
Oregon State Bar is currently barred by BR 9.4, but that should such an application ever be permitted in the
future, it will be treated as an application by one who has been disbarred for misconduct, and that, on such
application, I shall not be entitled to a reconsideration or reexamination of the facts, complaints, allegations or
instances of alleged misconduct upon which this resignation is predicated. I understand that, on its filing in
this court, this resignation and any supporting documents, including those containing the complaints,
allegations or instances of alleged misconduct, will become public records of this court, open for inspection by
anyone requesting to see them.
This resignation is freely and voluntarily made; and I am not being, and have not been, subjected to coercion
or duress. I am fully aware of all the foregoing and any other implications of my resignation.
I hereby certify that all client files and client records in my possession pertaining to active or current clients
have been or will be placed promptly in the custody of , a resident Oregon
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attorney, whose principal office address is , who
has agreed to serve as custodian to take possession of the files and take such further action as necessary to
protect the interests of the clients, and that all such clients have been or will be promptly notified accordingly,
and that the following arrangements have been made with regard to client files and records pertaining to
inactive or former clients, if any:
OR
I hereby certify that all client files and client records pertaining to active or current clients have been or will be
placed promptly in the custody of the Professional Liability Fund, which has agreed to take possession of the
files and take such further action as necessary to protect the interests of the clients, and that such clients have
been or will be promptly notified accordingly, and that the following arrangements have been made with
regard to client files and records pertaining to inactive or former clients, if any:
OR
I hereby certify that I have no client files or client records pertaining to active or current clients and that the
following arrangements have been made with regard to client files and records pertaining to inactive or
former clients, if any:
I agree to perform the duties of a resigned attorney set forth in BR 9.3 and that I may be held in contempt of
court if I do not.
DATED at , this day of , 20 .
(Signature of Attorney)
Subscribed and sworn to before me this day of , 20
.
Notary Public for Oregon
My Commission Expires:
(Rule 12.7 amended by Order dated June 5, 1997, effective July 1, 1997).
(Rule 12.7 amended by Order dated February 5, 2001.)
(Former Rule 12.7 redesignated as Rule 13.7 by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.7 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 13.7 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 13.8 Request for Review.
A request for review pursuant to BR 10.3 shall be in substantially the following form.
IN THE SUPREME COURT
OF THE STATE OF OREGON
In Re: )
) No.
[Complaint as to the )
Conduct of/Application for )
Admission as a Licensed )
Paralegal:] )
) REQUEST FOR
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[Respondent/Applicant] ) REVIEW
[The Respondent/The Oregon State Bar] hereby requests the Supreme Court to review the decision of the
[Disciplinary Board trial panel/hearing panel] rendered on [date] in the above matter.
DATED this day of , 20 .
[signature of respondent or counsel]
(Former Rule 12.8 redesignated as Rule 13.8; Rule 13.8 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.8 amended by Order dated August 17, 2022, effective July 1, 2023.)
Rule 13.9 Compliance Declaration.
A compliance declaration filed under BR 8.3 shall be in substantially the following form:
COMPLIANCE DECLARATION
In re: Application of
(Name of attorney) (Bar number)
For reinstatement as an active/inactive (circle one) member of the OSB.
1.
Full name Date of Birth
2.
Residence address Telephone
3.
I hereby attest that during my period of suspension from the practice of law from to
, (insert dates) I did not at any time engage in the practice of law except where authorized to do
so.
4.
I also hereby attest that I complied as directed with the following terms of probation: (circle applicable
items)
a.
abstinence from consumption of alcohol and mind-altering chemicals/drugs, except as prescribed by a
physician
b.
attendance at Alcoholics Anonymous meetings
c.
cooperation with Chemical Dependency Program
d.
cooperation with State Lawyers Assistance Committee
e.
psychiatric/psychological counseling
f.
passed Multi-State Professional Responsibility exam
g.
attended law office management counseling and/or programs
h.
other - (please specify)
i.
none required
I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND
THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.
(Name)
(Rule 12.9 established by Order dated March 13, 1989, effective April 1, 1989.)
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(Rule 12.9 amended by Order dated February 5, 2001.)
(Former Rule 12.9 redesignated as Rule 13.9; Rule 13.9 amended by Order dated May 3, 2017, effective January 1, 2018.)
(Rule 13.9 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 13.9 amended by Order dated December 26, 2023, effective January 1, 2024.)
Rule 13.10 Compliance Declaration.
A compliance declaration filed under BR 7.1(g) shall be in substantially the following form:
COMPLIANCE DECLARATION
In re: Reinstatement of
(Name of attorney) (Bar number)
For reinstatement as an active/inactive (circle one) member of the OSB.
1.
Full name Date of Birth
2.
Residence address Telephone
3.
I hereby attest that during my period of suspension from the practice of law from to
, (insert dates)
□
I did not at any time engage in the practice of law except where authorized to do so.
OR
□
I engaged in the practice of law under the circumstances described on the attached [attach an explanation
of activities relating to the practice of law during suspension].
4.
I also hereby attest that I responded to the requests for information or records by Disciplinary Counsel and
have complied with any subpoenas issued by Disciplinary Counsel, or provided good cause for not complying
to the request.
I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND
THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.
(Name)
(Rule 12.10 established by Order dated August 12, 2013, effective November 1, 2013.)
(Former Rule 12.10 redesignated as Rule 13.10; Rule 13.10 amended by Order dated May 3, 2017, effective January 1,
2018.)
(Rule 13.10 amended by Order dated May 22, 2019, effective September 1, 2019.)
(Rule 13.10 amended by Order dated December 26, 2023, effective January 1, 2024.)
