Oregon Revised Statutes

Chapter 9 — Oregon State Bar; Attorneys; Law Libraries

149 sections

9.005 Definitions for ORS 9.005 to 9.757

As used in ORS 9.005 to 9.757, unless the context or subject matter requires otherwise: “Attorney” means an attorney licensee of the Oregon State Bar. “Board” and “board of governors” mean the board of governors of the bar. “Delegate” means a delegate of the house of delegates of the Oregon State Bar. “Governor” means a member of the board of governors o…

9.006 Authority of Supreme Court

Nothing in ORS 9.005 to 9.757 affects the inherent authority of the Supreme Court to adopt rules for the operation of the courts, including any rules relating to the regulation of the practice of law, that are deemed necessary by the court.

9.010 Status of licensee and Oregon State Bar; applicability of statutes

A licensee, admitted to practice in this state, is an officer of the court. The Oregon State Bar is a public corporation and an instrumentality of the Judicial Department of the government of the State of Oregon. The bar is authorized to carry out the provisions of ORS 9.005 to 9.757. The bar is subject to the following statutes applicable to public bodies…

9.020 [Amended by 1971 c.103 §1; repealed by 1973 c.114 §5]

9.025 Board of governors; number; eligibility; term

The Oregon State Bar shall be governed by a board of governors consisting of 19 members: Fourteen of the members shall be active licensees of the Oregon State Bar elected from the regions established under subsection (2)(a) of this section. A member elected under this subparagraph must maintain the member’s principal office in the region for which the membe…

9.030 Voting rights; eligibility of licensees for board of governors and house of delegates

An active licensee of the Oregon State Bar shall vote for members of the board of governors and house of delegates representing the region in which the licensee maintains the licensee’s principal office. An active licensee of the Oregon State Bar is eligible to be a candidate for, and to be appointed or elected to, the board of governors or house of delegat…

9.040 Election of governors; rules; vacancies

The election of governors shall be held annually on a date set by the board of governors. Any licensee of the Oregon State Bar who is eligible to serve as a governor for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the chief executive officer of the bar. The board shall establish a deadline for …

9.042 Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court

Upon the written request of any licensee of the Oregon State Bar, or upon the board’s own motion, the board of governors shall determine the eligibility of a candidate for the board. A request under this section must be filed with the chief executive officer of the bar within 30 days after the final day on which statements of candidacy are required to be fil…

9.050 Recall or removal of governors

On petition signed by 25 percent of the licensees in any region for the recall of any governor elected from that region, the chief executive officer of the Oregon State Bar shall serve notice as soon as possible on the governor informing the governor that the petition has been filed. If the governor does not resign within 10 days after the date the notice is…

9.055 Chief executive officer

The board of governors shall appoint a chief executive officer of the Oregon State Bar. The chief executive officer is the chief administrative employee of the bar. The chief executive officer may, but need not, be a licensee of the bar. The chief executive officer serves at the board’s discretion and shall perform such duties as the board prescribes.

9.060 President, president-elect and immediate past president

A president and president-elect shall be elected by the governors each year immediately following the annual election of governors and before the newly elected governors have qualified. The president and president-elect shall be elected from among the board members. All officers shall continue in office until their successors are elected and qualify. Vacanci…

9.070 Duties of president and president-elect; deposit and disbursement of fees

The president shall preside at all meetings of the house of delegates and of the board of governors, and in the president’s absence or inability to act, the president shall designate another officer to preside. The board of governors may prescribe other duties of the president and president-elect. All fees shall be paid into the treasury of the Oregon State…

9.080 Duties and authority of bar and of board of governors; professional liability fund; quorum; status of employees of bar

The state bar shall be governed by the board of governors, except as provided in ORS 9.136 to 9.155. The state bar has the authority to adopt, alter, amend and repeal bylaws and to adopt new bylaws containing provisions for the regulation and management of the affairs of the state bar not inconsistent with law. The board is charged with the executive functio…

9.090 Appropriation and disbursement of funds

The board may make appropriations and disbursements from the funds of the bar and pay all necessary expenses.

9.100 Statement of financial condition

The board shall have prepared annually a statement explaining the financial condition of the Oregon State Bar for the 12 months preceding. The chief executive officer of the bar shall promptly submit the statement to the Chief Justice of the Supreme Court.

9.110 Board of governors to formulate rules

The board of governors may formulate and declare rules for carrying out the functions of the state bar.

9.112 Board of governors to establish minimum continuing legal education requirements

The board of governors shall by rule establish minimum continuing legal education requirements for all active licensees of the Oregon State Bar. Rules adopted by the board of governors are subject to review by the Supreme Court.

9.114 Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules

The Oregon State Bar shall adopt rules to establish minimum training requirements for all active attorney licensees of the bar relating to the duties of attorneys under ORS 124.060 and 419B.010. Rules adopted under this section are subject to review and approval by the Supreme Court.

9.120 [Repealed by 1995 c.302 §23]

9.130 [Amended by 1979 c.508 §2; 1981 c.193 §2; 1983 c.373 §1; repealed by 1995 c.302 §23]

9.132 [1993 c.131 §2; renumbered 9.685 in 2011]

HOUSE OF DELEGATES

9.136 House of delegates created; membership; terms

The house of delegates of the Oregon State Bar is created. The house consists of elected and ex officio voting delegates. All delegates must be active licensees of the state bar except for the public members of the board of governors and the public members appointed by the board pursuant to ORS 9.145. The members of the board of governors of the Oregon Stat…

9.139 Powers of house of delegates

The delegates at a meeting of the house of delegates may, by a vote of the majority of the delegates attending the meeting, do either of the following: Modify or rescind an action or decision of the board of governors. Direct the board of governors as to future action. The board of governors is bound by a decision of the house of delegates made in the man…

9.142 Rules for conduct of business; meetings

The board of governors shall formulate rules for the conduct of the business of the house of delegates. Rules adopted by the board become effective upon the adoption of the rules by the house of delegates. The president of the Oregon State Bar may call special meetings of the house. The president shall call a special meeting of the house if 25 or more delega…

9.145 Public members

The board of governors shall appoint a public member delegate for each region in the State of Oregon established by ORS 9.025 (2)(a). A public member delegate shall serve a three-year term. A vacant public member delegate position shall be filled for the remainder of the term by a delegate appointed by the board of governors. The appointment of public member…

9.148 Participation by nondelegates; referral of question for vote; petition for consideration or vote

Active licensees of the Oregon State Bar may participate in the discussion of matters before the house of delegates, but only delegates may vote. The house of delegates may by rule impose restrictions on participation by licensees of the state bar who are not delegates. The board of governors or the house of delegates, acting on its own motion, may refer to…

9.150 Termination of delegate’s term

The term of service of any delegate shall end upon the death or resignation of the delegate. If the delegate is an attorney delegate, the term of service shall end on the date that the delegate: Terminates the delegate’s active licensure by the Oregon State Bar for any reason; Ceases to maintain the delegate’s principal office in the region the delegate wa…

9.152 Election of delegates; rules

The election of delegates to the house of delegates shall be held annually on a date set by the board of governors. The election shall be by ballot. Any licensee of the Oregon State Bar who is eligible to serve as a delegate for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the bar at least 30 da…

9.155 Recall of delegate

Upon the filing of a petition with the Oregon State Bar signed by 25 percent of the licensees of the bar from a region for the recall of a delegate elected from that region, the chief executive officer of the bar shall serve notice on the delegate of the filing of the petition. If the delegate does not resign within 15 days after the date that the notice is …

9.160 Bar license required to practice law; exceptions

Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active licensee of the Oregon State Bar. Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320. Any employee or…

9.162 Definitions for ORS 9.160 to 9.166

As used in ORS 9.160 to 9.166 and 9.280, unless the context or subject matter requires otherwise: “Person” means a human being, a public body as defined by ORS 174.109, a public or private corporation, an unincorporated association, a partnership, a limited liability company or any other business entity created under law. “Restitution” means full, partial …

9.164 Investigation of alleged violation of ORS 9.160

Upon written complaint of any person or upon its own initiative, the Board of Governors of the Oregon State Bar shall investigate any alleged violation of ORS 9.160.

9.166 Enjoining practicing law without a license; restitution to victim

If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from practicing law without a license. Any person who has been so enjoined may be punished f…

9.180 Classes of licenses

All persons admitted to practice law in this state thereby shall become active licensees of the bar. Every licensee shall be an active licensee unless, at the licensee’s request, or for reasons prescribed by statute, the rules of the Supreme Court, or the rules of procedure, the licensee is enrolled as an inactive licensee. An inactive licensee may, on compl…

9.190 [Amended by 1957 c.271 §1; 1961 c.138 §1; part renumbered 9.200 (2); repealed by 1969 c.602 §1 (9.191 enacted in lieu of 9.190)]

9.191 Annual licensure fees; professional liability assessments

Except as provided in subsection (2) of this section, the annual licensure fees to be paid by licensees of the Oregon State Bar shall be established by the Board of Governors of the Oregon State Bar, and each year notice of the proposed fees for the coming year shall be published and distributed to the licensees not later than 20 days before the annual meeti…

9.200 Effect of failure to pay licensure fees; reinstatement

Any licensee in default in payment of licensure fees established under ORS 9.191 (1) or any licensee in default in payment of assessed contributions to a professional liability fund established under ORS 9.080 (2) shall be given written notice of delinquency and a reasonable time to cure the default. The chief executive officer of the Oregon State Bar shall …

9.210 Board of bar examiners; fees of applicants for admission to bar

The Supreme Court shall appoint a board of bar examiners to carry out the admissions functions of the Oregon State Bar as set forth in the bar bylaws and the rules of the Supreme Court. The composition of the board of bar examiners shall be as provided in the rules of the Supreme Court, but the board must include at least two public members. The board shall…

9.220 General requirements for admission

An applicant for admission as a licensee of the bar must apply to the Supreme Court and show that the applicant: Is at least 18 years old, which proof may be made by the applicant’s affidavit. Is a person of good moral character and fit to practice law. For purposes of this section and ORS 9.025, 9.070, 9.110, 9.210, 9.250 and 9.527, the lack of “good mor…

9.230 [Repealed by 1981 c.193 §12]

9.240 [Amended by 1961 c.499 §3; repealed by 1993 c.213 §2]

9.241 Practice of law by attorneys licensed in other jurisdictions; associate licensure; rules; fee

Notwithstanding ORS 9.160, the Supreme Court may adopt rules to govern the appearance in judicial and administrative proceedings by attorneys who have not been admitted to practice law in this state. Subject to those rules, an attorney who has not been admitted to practice law in this state may appear as counsel for a party in an action or proceeding before …

9.242 Advice on law of foreign jurisdiction; rules

The Supreme Court may adopt rules permitting a person licensed to practice law in a foreign jurisdiction to advise on the law of that foreign jurisdiction in Oregon without the necessity of compliance with ORS 9.160. As used in this section, “foreign jurisdiction” means any nation, country, state, political or other entity other than any state of the United…

9.250 Order for admission; oath of qualified applicant

If the Supreme Court finds that an applicant for admission as a licensee of the bar is 18 years of age or more, is of good moral character and fit to practice law, and possesses the requisite learning and ability to practice as a licensee, the court shall enter an order that the applicant be admitted to practice as a licensee. The order shall specify that ad…

9.260 [Amended by 1953 c.604 §1; 1979 c.252 §21; repealed by 1989 c.1052 §7 (9.261 enacted in lieu of 9.260)]

9.261 Resignation of licensee

A licensee may resign from licensure by the bar pursuant to rules adopted by the board under ORS 9.542. After acceptance of the resignation by the Supreme Court, the licensee shall not be entitled to the rights nor subject to the disabilities or prohibitions incident to licensure, except that the licensee is still subject to the power of the court in respect…

9.270 [Amended by 1953 c.604 §1; 1961 c.499 §4; 1971 c.193 §17; 1979 c.252 §22; repealed by 1989 c.1052 §26]

9.280 Prohibition on acting as immigration consultant; definitions; exception

It shall be a violation of ORS 9.160 for any person to engage in the business or act in the capacity of an immigration consultant in this state, for compensation, unless the person is an active licensee of the Oregon State Bar. As used in this section, unless the context or subject matter requires otherwise: “Immigration consultant” means any person who gi…

9.310 Attorney defined; counsel

An attorney is a person authorized to represent a party in the written proceedings in any action, suit or proceeding, in any stage thereof. An attorney, other than the one who represents the party in the written proceedings, may also represent a party in court, or before a judicial officer, in which case the attorney is known as counsel, and the authority of…

9.320 Necessity for employment of attorney; effect of employment

Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, except that the state or a party that is not a natural person appears by attorney in all cases, unless otherwise specifically provided by law. Where a party appears by attorney, the written proceedings must be in the name of the attorney, who is the sole repre…

9.330 Authority of attorney

An attorney has authority to bind the attorney’s client in any of the proceedings in an action, suit or proceeding, by the attorney and client agreement, filed with the clerk or entered in the appropriate record of the court. The attorney also has authority to receive money or property claimed by the client in an action, suit or proceeding, during the penden…

9.340 Challenge by party of attorney’s authority to appear for party

If it is alleged by a party for whom an attorney appears that the attorney does so without authority, and the allegation is verified by the affidavit of the party, the court may, if it finds the allegation true, at any stage of the proceedings relieve the party for whom the attorney has assumed to appear from the consequences of the attorney’s acts.

9.350 Challenge of attorney’s authority to appear for adverse party

The court or judge thereof may, on motion of either party and on showing reasonable grounds therefor, require the attorney for an adverse party to prove the authority under which the attorney appears, and until the attorney does so, may stay all proceedings by the attorney on behalf of the party for whom the attorney assumes to appear.

9.360 Compelling delivery by attorney of money or papers

When an attorney refuses to deliver over money or papers to a person from whom or for whom the attorney has received them in the course of professional employment, the attorney may be required by an order of the court in which a judicial proceeding was prosecuted or defended, or if none were prosecuted or defended, then by an order of the circuit court or ju…

9.370 Compelling delivery when attorney claims lien

If an attorney claims a lien, under the provisions of ORS 87.430, upon the money or papers subject to delivery under ORS 9.360, the court shall: Impose, as a condition of making the order, the requirement that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action or suit; Summarily inquire into the fa…

9.380 Changing attorneys and terminating attorney-client relationship

The attorney in an action or proceeding may be changed, or the relationship of attorney and client terminated, as follows: Before judgment or final determination, upon the consent of the attorney filed with the clerk or entered in the appropriate record of the court; or At any time, upon the order of the court, based on the application of the client or the…

9.390 Notice of change or termination

When an attorney is changed, or the relationship of attorney and client is terminated, as provided in ORS 9.380, written notice of the change or termination shall be given to the adverse party. Until the notice is given, the adverse party is bound to recognize the former attorney.

9.400 [1987 c.774 §8; renumbered 20.340 in 1997]

PROFESSIONAL CONDUCT

9.460 Duties of attorneys

An attorney shall: Support the Constitution and laws of the United States and of this state; Employ, for the purpose of maintaining the causes confided to the attorney, such means only as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of law or fact; Maintain the confidences and secrets of the att…

9.470 [Repealed by 1965 c.353 §2]

9.480 [Amended by 1965 c.353 §1; 1981 c.193 §9; renumbered 9.527]

9.490 Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule

The board of governors, with the approval of the house of delegates given at any regular or special meeting, shall formulate rules of professional conduct for attorneys, and when such rules are adopted by the Supreme Court, shall have power to enforce the same. Such rules shall be binding upon all attorney licensees of the bar. A court of this state may not…

9.500 Solicitation of personal injury business by nonlawyer

No person shall solicit within the state any business on account of a claim for personal injuries to any person, or solicit any litigation on account of personal injuries to any person within the state, and any contract wherein any person not an attorney agrees to recover, either through litigation or otherwise, any damages for personal injuries to any perso…

9.505 Payment for referring claims resulting from personal injury or death

No person shall offer or promise payment of money or other consideration, or accept any offer or promise of payment of money or other consideration, nor shall any person pay or accept money or other consideration, for referring to an attorney any claim for damage resulting from personal injury or death.

9.510 Solicitation by attorneys

No attorney shall solicit business at factories, mills, hospitals or other places, or retain members of a firm or runners or solicitors for the purpose of obtaining business on account of personal injuries to any person, or for the purpose of bringing damage suits on account of personal injuries.

9.515 Referral of claims, suits or actions between licensees; division of fees

Nothing contained in ORS 9.505 shall prevent referral of claims, suits or actions between licensees of the bar. The provisions of ORS 9.505 shall not prohibit the referral of claims, suits or actions between licensees of the bar or the dividing of fees for legal services with another licensee consistent with the rules of professional conduct adopted pursuan…

9.520 Acceptance and prosecution of solicited claims

No attorney shall accept from a solicitor described in ORS 9.500 any claim for damages, or bring an action for damages on account of any claim obtained from such solicitor. Any agreement between an attorney and such solicitor regarding compensation to be paid to the attorney or solicitor is void.

9.525 [1975 c.641 §8; repealed by 1983 c.618 §1]

BAR DISCIPLINARY PROCEEDINGS

9.527 Grounds for disbarment, suspension or reprimand

The Supreme Court may disbar, suspend or reprimand a licensee of the bar whenever, upon proper proceedings for that purpose, it appears to the court that: The licensee has committed an act or carried on a course of conduct of such nature that, if the licensee were applying for admission to the bar, the application should be denied; The licensee has been co…

9.528 Advice on conducting covert operations; participation in covert operations

Notwithstanding ORS 9.527 (4), the attorneys listed in subsection (2) of this section: May provide legal advice and direction to the officers and employees of a public body, as defined in ORS 192.311, or to the officers and employees of the federal government, on conducting covert activities for the purpose of enforcing laws, even though the activities may …

9.529 Status of proceedings relating to discipline, admission or reinstatement

Bar proceedings relating to discipline, admission and reinstatement are neither civil nor criminal in nature. They are sui generis and within the inherent power of the Supreme Court to control. The grounds for denying any applicant admission or reinstatement or for the discipline of licensees set forth in ORS 9.005 to 9.757 are not intended to limit or alter…

9.530 [Repealed by 1965 c.353 §2]

9.532 State professional responsibility board

The Supreme Court shall appoint a state professional responsibility board to institute disciplinary proceedings of the Oregon State Bar against licensees of the bar, as provided in the bar bylaws and the rules of the Supreme Court.

9.534 Disciplinary board; procedure before board; oaths; subpoenas; hearing; record

The Supreme Court shall appoint a disciplinary board, which may include one or more professional adjudicators as set forth in the rules of the Supreme Court and the Oregon State Bar bylaws, to adjudicate disciplinary proceedings of the bar. A licensee, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against…

9.535 [1975 c.641 §9; 1979 c.450 §1; repealed by 1983 c.618 §1]

9.536 Disciplinary board decision; appeal to Supreme Court; review; costs

Upon the conclusion of a hearing, the disciplinary board shall file with the State Court Administrator a written decision in the matter. The Oregon State Bar or the accused may seek review of the decision by the Supreme Court. Such review shall be a matter of right upon the request of either party. Otherwise, the decision of the disciplinary board shall be f…

9.537 Civil immunity of witnesses, bar officials and employees

Any person who has made a complaint to the bar concerning the conduct of a licensee, or who has given information or testimony in or relative to a proposed or pending admission, reinstatement or disciplinary proceeding is absolutely immune from civil liability for any such acts. The Oregon State Bar and its officers, the members of the state professional re…

9.539 Application to admission and reinstatement proceedings

ORS 9.534 and 9.536 apply to admission and reinstatement proceedings to the extent provided in the rules of procedure and the rules of the Supreme Court. However, the Supreme Court shall review the decisions of the disciplinary board in all such matters.

9.540 [Amended by 1961 c.499 §5; 1971 c.193 §18; repealed by 1973 c.490 §1 (9.541 enacted in lieu of 9.540)]

9.541 [1973 c.490 §2 (enacted in lieu of 9.540); repealed by 1975 c.641 §13]

9.542 Rules for investigation of licensees and applicants; authority of board of governors to require fingerprints

The board of governors, subject to the approval of the Supreme Court, may adopt rules of procedure relating to the investigation of the conduct of licensees and applicants for admission and reinstatement to the bar, and relating to the conduct of admission, reinstatement and disciplinary proceedings. For the purpose of requesting a state or nationwide crimi…

9.545 [1983 c.617 §2 (enacted in lieu of 9.595); 1999 c.171 §1; renumbered 9.568 in 1999]

9.550 [Amended by 1961 c.499 §6; 1973 c.490 §3; 1975 c.641 §6; 1979 c.252 §23; repealed by 1983 c.618 §1]

9.555 Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions

Upon commencement of any action in which the bar is a plaintiff, the bar shall mail a copy of the complaint by certified or registered mail, return receipt requested, to the Attorney General and shall file proof of such mailing with the court. When the bar is served with summons and complaint in an action in which the bar is named as a defendant, the bar sh…

9.560 [Amended by 1963 c.106 §1; 1973 c.490 §4; 1975 c.641 §7; 1979 c.252 §24; repealed by 1983 c.618 §1]

9.565 Tax return information from Department of Revenue; use

The Department of Revenue may provide to the Oregon State Bar the name and address of any person admitted to practice law in this state if the department has reasonable grounds to believe that: The person admitted to practice law prepared a return or report for another person that is filed with the department and the return or report was prepared in violati…

9.568 State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity

The board of governors of the Oregon State Bar may create a state lawyers assistance committee for the purpose of implementing a licensees assistance program and, pursuant thereto, authorize the state lawyers assistance committee to investigate and resolve complaints or referrals regarding licensees whose performance or conduct may impair their ability to pr…

9.570 [Repealed by 1983 c.618 §1]

LEGAL SERVICES PROGRAM

9.572 Bar to establish Legal Services Program; director; advisory and technical committees

The Oregon State Bar shall by rule establish a Legal Services Program. The program shall provide standards and guidelines for legal service providers receiving funding from the program. The rules shall also provide methods for evaluating legal service providers. Funding received under the program may be used only for the provision of legal services to the po…

9.574 [1997 c.801 §72; 2003 c.737 §98; repealed by 2011 c.595 §97a]

9.576 Review of providers; mediation; hearing; suspension of funding

The director of the Legal Services Program appointed under ORS 9.572 shall periodically review legal service providers who receive funding from the program. If the director determines that there are reasonable grounds to believe that a provider is not in substantial compliance with the standards and guidelines adopted under ORS 9.572, the director shall nego…

9.577 [2011 c.595 §3a; repealed by 2019 c.643 §13]

9.578 Funding sources

The Oregon State Bar may apply for, accept and expend moneys from any public or private source, including the federal government, made available for the purpose of establishing or funding legal service programs in Oregon.

9.580 [Repealed by 1983 c.618 §1]

9.582 Use of amounts not paid to class members in class action lawsuits

All amounts paid or delivered to the Oregon State Bar under ORCP 32 O are continuously appropriated to the Oregon State Bar, and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572. Note: 9.582 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS ch…

9.590 [Repealed by 1953 c.609 §2]

9.595 [1981 c.193 §11; repealed by 1983 c.617 §1 (9.545 enacted in lieu of 9.595)]

9.600 [Repealed by 1953 c.609 §2]

9.610 [Repealed by 1953 c.609 §2]

CLIENT SECURITY FUND

9.615 Definition for ORS 9.615 to 9.665

As used in ORS 9.615 to 9.665, “client security fund” means a fund created under ORS 9.625.

9.620 [Repealed by 1953 c.609 §2]

9.625 Plan to relieve client losses; rules

The board of governors may adopt a plan to relieve or mitigate pecuniary losses to the clients of active licensees caused by dishonest conduct of those licensees in their practice of law. The plan may provide for establishing, administering and dissolving a separate fund and for payments from that fund to reimburse losses and costs and expenses of administer…

9.630 [Repealed by 1953 c.609 §2]

9.635 Sources of client security fund

A client security fund may include: Transfers by the board of governors from other funds of the state bar; Voluntary contributions and payments by licensees under ORS 9.645; Claims recovered under ORS 9.665; and Income from investments of the fund.

9.640 [Repealed by 1953 c.609 §2]

9.645 Annual payment by state bar licensees

To establish and maintain a client security fund, the board of governors may require an annual payment by each active licensee of the state bar. The payment authorized by this section shall be due at the same time, and enforced in the same manner, as payment of the annual licensure fee.

9.650 [Repealed by 1953 c.609 §2]

9.655 Investigation of claim of loss; subpoena

Upon the filing of a claim, verified under oath, by a client claiming a pecuniary loss payable from the client security fund, the board of governors or its designated representative shall determine if the person named in the claim as the licensee whose dishonest conduct caused the loss was an active licensee of the Oregon State Bar engaged in the practice of…

9.657 Immunity from civil liability

Any person who has made a claim with the client security fund committee of the bar concerning a loss allegedly caused by the intentional dishonest conduct of a licensee representing the person, or who has given information to the bar relative to a client security fund claim or award shall be absolutely immune from civil liability for such acts. The Oregon S…

9.660 [Repealed by 1953 c.609 §2]

9.665 Authority for reimbursement of client; waiver of conditions; subrogation for amount paid

Except as provided in this section, reimbursement from the client security fund is discretionary with the board of governors. The board shall not authorize payment unless the conditions of ORS 9.655 (1) have been found to exist. However, the board may, in its sole discretion, waive one or more of the conditions of ORS 9.655 (1) in cases of extreme hardship …

9.670 [Repealed by 1953 c.609 §2]

LAWYER TRUST ACCOUNTS

9.675 Mandatory certification and disclosures for lawyer trust accounts

An active licensee of the Oregon State Bar shall certify annually to the bar whether the licensee maintains any lawyer trust accounts in Oregon. If a licensee maintains one or more lawyer trust accounts, the licensee must disclose the financial institution in which each account is held and the account number for each account. The chief executive officer of t…

9.680 [Repealed by 1953 c.609 §2]

9.685 Trust account overdraft notification program

Subject to the requirements of ORS 9.490, the Supreme Court may establish a trust account overdraft notification program for licensees. The board of governors may adopt regulations for the administration of a trust account overdraft notification program established under this section. Regulations adopted under this subsection are binding upon all licensees …

9.688 Circuit court jurisdiction to determine entitlement to property in lawyer trust account

A circuit court has jurisdiction to determine who is entitled to property contained in a lawyer trust account during a probate of a deceased licensee’s estate.

9.690 [Repealed by 1953 c.609 §2]

SEARCH OR SEIZURE OF LEGAL FILES OR PREMISES

9.695 Status of files or work premises of licensee; inadmissibility of evidence subject to search or seizure

Notwithstanding ORS 133.535, the files, papers, effects or work premises of a licensee relating to the provision of legal service by the licensee shall not be subject to search or seizure by any law enforcement officer, either by search warrant or otherwise. The provisions of subsection (1) of this section do not apply where there is probable cause to belie…

9.700 [Repealed by 1953 c.609 §2]

ASSUMING PRACTICE OF NONPERFORMING LICENSEE

9.705 Definitions for ORS 9.705 to 9.757

As used in ORS 9.705 to 9.757: “Affected licensee” means a licensee or former licensee of the Oregon State Bar whose law practice is placed within the jurisdiction of the court under ORS 9.720 or as to whom a petition has been filed to place such law practice within the jurisdiction of the court under ORS 9.715. “Law practice” means a practice conducted by…

9.710 Jurisdiction of circuit court over law practice of nonperforming licensee

The circuit court of the county in which a licensee engaged in the practice of law in this state maintains or has maintained a principal office has jurisdiction as provided in ORS 9.705 to 9.757 whenever the licensee has died, is disbarred or suspended from the active practice of law, is incarcerated or has abandoned the practice and: The licensee failed to…

9.715 Petition to take jurisdiction over law practice

When the Oregon State Bar or an attorney determines that one of the circumstances listed in ORS 9.710 exists, the bar or the attorney may petition the court ex parte to take immediate jurisdiction over the affected licensee’s law practice as provided in ORS 9.705 to 9.757. When an attorney files a petition under subsection (1) of this section, the attorney …

9.720 Court taking jurisdiction over law practice

If the court finds that it has jurisdiction and finds that the assumption of such jurisdiction is necessary in order to protect the interest of the clients of the affected licensee or to protect the public interest, the court may, by appropriate order, immediately take jurisdiction over the law practice of the affected licensee to the extent the court determ…

9.722 [1997 c.135 §2; repealed by 2015 c.6 §5]

9.725 Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution

If the court assumes jurisdiction under ORS 9.705 to 9.757, it shall appoint the Oregon State Bar or, if the bar declines the appointment, an attorney, to act as custodian of the law practice of the affected licensee. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court m…

9.727 Service of order of custodianship

The Oregon State Bar or an attorney appointed as custodian of a law practice under ORS 9.725 shall serve a copy of an order appointing the custodian on the affected licensee or any person assisting in the suspension or termination of the affected licensee’s practice. The bar or appointed attorney shall serve the copy of the order by regular mail to the last-…

9.730 Assistance by professional liability fund and other licensees

After appointment as custodian of a law practice under ORS 9.725, the Oregon State Bar may engage the services of the Oregon State Bar Professional Liability Fund created under ORS 9.005 to 9.757 or any active licensee of the bar to assist in the performance of the bar’s duties as custodian. Acts performed by a licensee of the bar in assisting the custodian …

9.735 Compensation of custodian

The court shall enter a judgment awarding reasonable compensation and expenses to the Oregon State Bar or an attorney appointed under ORS 9.725 for acting as custodian under ORS 9.705 to 9.757. The judgment shall be against the affected licensee or the estate of the affected licensee. The judgment is a lien upon all nontrust funds, office furnishings, suppli…

9.740 Court orders appealable; stay

Jurisdictional and final orders of the circuit court pursuant to ORS 9.705 to 9.757 are appealable but may not be stayed except as ordered by the circuit court or any appellate court.

9.745 Statutes of limitation suspended

Any applicable statute of limitations or time limit for the filing set by statute or rule of court as it relates to the affected licensee’s clients shall be suspended automatically by the filing of a petition for jurisdiction under ORS 9.705 to 9.757 for a period of 120 days following the date of filing of such petition.

9.750 Confidentiality of files and records; attorney-client privilege

Persons examining the files and records of the law practice of an affected licensee pursuant to ORS 9.705 to 9.757 shall preserve the confidentiality of the information relating to the affected licensee’s representation of a client and shall make disclosure only to the extent necessary to carry out the purposes of ORS 9.705 to 9.757. Such disclosure is a dis…

9.755 Final report of custodian; petition for compensation; court approval

Whenever the purposes of ORS 9.705 to 9.757 have been accomplished with respect to the law practice of an affected licensee for which the Oregon State Bar or an attorney has been appointed as custodian under ORS 9.725, the bar or the appointed attorney shall file with the court a final report and accounting of all funds and property coming into the possessio…

9.757 Retention of client materials

Except as provided in subsection (2) of this section or by court order, the Oregon State Bar may dispose of client papers and files that have not been claimed by a client of an affected licensee within six months after written notice to the client from the bar. The bar must dispose of the papers and files in a manner reasonably calculated to protect the conf…

9.760 Judicial department library services; fees

The State Court Administrator may authorize any library of the judicial department of government to provide photographic or other copies of any of its materials, and to make reasonable charges for such copies or services.

9.770 [Amended by 1959 c.655 §2; repealed by 1985 c.308 §6]

9.780 Exchange of legal publications

The State Court Administrator may send, free of charge, one copy of the codes, session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports of this state as the same may be published, to each state and foreign country that exchanges, free of charge, its codes, session laws and equivalent reports with this state. All legal books and publicati…

9.790 Legislative Counsel furnishing copies of codes and session laws for exchange

The Legislative Counsel shall, upon requisition of the State Court Administrator, supply a sufficient number of copies of the codes and session laws of this state, as the same may be published, to carry out the provisions of ORS 9.780.

9.800 Sale of surplus codes and session laws

The State Court Administrator may sell the unused sets of Oregon codes and session laws which are not needed for the purpose of exchanging for the codes and session laws of other states and for other books. The sales shall be for cash and the proceeds deposited as provided by ORS 8.130.

9.810 [Repealed by 1985 c.308 §6]

9.815 County law libraries and law library services

Each county shall: Operate a free law library at a location that is convenient and available at reasonable hours; or Provide free law library services at one or more locations that are convenient and available at reasonable hours. A county governing body may enter into a contract with a law library association or other organization for the operation of th…

9.820 Law libraries in Multnomah County

In all counties containing more than 700,000 inhabitants, according to the latest federal decennial census, the governing body of the county may: Enter into an intergovernmental agreement with the Judicial Department to provide law library services; or Enter into a contract with any law library association or corporation owning and maintaining a law librar…

9.825 Law library surveys; reports

The State Court Administrator shall conduct every two years an electronic survey of all county law libraries and the law library services provided by counties. The survey must request information on: The extent to which counties provide access to statutes, rules, cases and other legal information, whether through printed materials or electronic access; Sta…

9.829 Use of moneys distributed to counties

Notwithstanding any other law, the governing body of a county may, after consulting with the presiding judge of the circuit court, use up to one-half of the moneys distributed to the county by the Chief Justice of the Supreme Court from moneys appropriated to the Judicial Department for the purpose of operating law libraries or providing law library services…

9.830 [Amended by 1965 c.619 §4; 1981 s.s. c.3 §78; 1983 c.763 §36; repealed by 2011 c.595 §104]

9.840 [Amended by 1963 c.519 §2; 1965 c.619 §5; 1981 s.s. c.3 §79; 1983 c.763 §37; 1997 c.801 §147; 2011 c.224 §2; repealed by 2011 c.595 §104]

9.850 [Amended by 1963 c.519 §3; 1965 c.619 §6; 2003 c.14 §11; 2011 c.224 §3; repealed by 2011 c.595 §104]

UNIVERSAL REPRESENTATION

9.860 Universal representation program; grants; transfer of funds to Legal Services Program for immigration legal services; advisory committee; report to legislature

A nonprofit organization registered in this state that addresses and executes worker relief as the organization’s primary purpose shall serve as the fiscal agent to award grants to organizations to provide services related to immigration matters through a universal representation program. Funds must be allocated for, but are not limited to, the following pur…

9.865 Universal Representation Fund

The Universal Representation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Universal Representation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Department of Administrative Services for the purpose of disbursement to the fiscal agent desc…

9.990 Penalties

Any person who violates ORS 9.160 shall be fined not more than $500 or imprisoned in the county jail for a period not to exceed six months, or both. Any person who violates any of the provisions of ORS 9.500 or 9.520 commits a Class A violation. Any person violating any of the provisions of ORS 9.505 shall, upon conviction, be fined not more than $1,000 or…