In September 2005, the Board of Governors approved the issuance of Formal Ethics Opinions 2005-1 through 2005-175 to replace the previous Formal Ethics Opinions issued between 1991 and 2004. For the most part, the opinions are identical in substance to their predecessor counterparts, but with citations and references to conform to the Oregon Rules of Professional Conduct that became effective January 1, 2005. Citations to newer case law and other interpretative authorities, including the ABA Model Rules, have also been added.
With the issuance of these 2005 opinions, the Board of Governors has withdrawn the prior opinions as formal authorities. It is recognized, however, that the 1991 through 2004 opinions may be of value in analyzing professional conduct that occurred before the effective date of the Oregon RPCs and the issuance of the new opinions is not meant to suggest that the prior opinions were incorrect or inadequate in their interpretation of the former Oregon Code of Professional Responsibility.
Copies of the former opinions are available from the General Counsel's office by contacting Helen Hierschbiel, General Counsel at (503) 431-6361, (800) 452-8260 ext. 361 (within Oregon) or hhierschbiel@osbar.org.
| 2005-1
| Withdrawal
from Litigation: Unpaid Fees |
|
2005-2 |
Information About Legal Services:
Cross-Referrals, Office Sharing with Nonlawyer |
|
2005-3 |
Information About Legal Services:
Disseminating
Information Through the Media or Through Speeches |
|
2005-4 |
Conflicts of Interest, Current
Clients:
Advancement of Living Expenses, Bail and Travel Expenses to Client |
| 2005-5
| Fraudulent
or Dishonest Conduct: Unwitnessed and Telephonic Notarization |
| 2005-6
| Communicating
with Represented Persons |
|
2005-7 |
Lawyer as State Legislator:
Lobbying on a Client's Behalf |
|
2005-8 |
Lawyer as Witness |
| 2005-9
| Communicating
with Jurors After Trial [superseded by 2005-143] |
| 2005-10
| Conflicts
of Interest, Current Client: Lawyer Has Other Business |
|
2005-11 |
Conflicts of Interest, Former
Clients: Matter-Specific Conflicts |
|
2005-12 |
Firm Names: Office Sharing
with Separate Practices |
|
2005-13 |
Fee Agreements: Contingent
Fees, Domestic Relations |
|
2005-14 |
Deputy District Attorneys
Representing Private Parties |
|
2005-15 |
Fee Agreements: Contingent
Fees Paid in Installments |
|
2005-16 |
Communicating with Unrepresented
Persons |
| 2005-17
| Conflicts
of Interest, Former Clients: Use of Confidential Information |
| 2005-18
| Competance
and Diligence: Buying Up Client's Bad Checks |
|
2005-19 |
Dishonesty, Misrepresentation
and Representation Within the Bounds of the Law: Seeking Duplicate Damages
|
| 2005-20
| Unauthorized
Practice of Law: Assisting Nonlawyers |
|
2005-21 |
Frivolous Litigation: Affirmative
Defenses |
| 2005-22
| Conflicts
of Interest, Current Clients: Avoiding Influence by Others |
| 2005-23
| Information
Relating to the Representation of a Client: Retired and Former Lawyer |
| 2005-24
| Unauthorized
Practice of Law: Employing and Compensating Nonlawyers and Disbarred and Suspended
Lawyers |
| 2005-25
| Fee
Agreements: Suspended and Disbarred Lawyers, Fees and Division of Fees |
| 2005-26
| Lawyer-Client
Relationship: Endorsing Check on Client's Behalf, Lawyer as Agent |
| 2005-27
| Conflicts
of Interest, Current Clients: Representation of Trade Association and Its Members
|
| 2005-28
| Conflicts
of Interest, Current and Former Clients:
Representing Both Sides in Adoption
|
| 2005-29
| Law
Partnerships: Covenants Not to Compete |
|
2005-30 |
Conflicts of Interest, Current
Clients:
Simultaneous Representation of Insurer and Insured |
| 2005-31
|
Information About Legal Services: Improper Use of Titles |
|
2005-32 |
Conflicts of Interest, Current
Clients: Limiting Business Relations with Client |
|
2005-33 |
Conflicts of Interest, Current
Clients: Withdrawal When Client Not Found |
|
2005-34 |
Information Relating to the
Representation of a Client: Client Perjury |
|
2005-35 |
Information About Legal Services:
Greeting Cards and Open House |
|
2005-36 |
Lawyer Campaigning for Judicial
Office |
| 2005-37
| Conflicts
of Interest, Current Clients: Issuers and Underwriters of Bonds |
| 2005-38
| Lawyer
Campaigning for Others in Elections |
|
2005-39 |
Lawyer as Pro Tem Judge
|
| 2005-40
| Conflicts
of Interest, Current Clients:
Representing Debtor and One or More Creditors in
Bankruptcy |
|
2005-41 |
Competence and Diligence:
Client with Diminished Capacity |
|
2005-42 |
Communicating with Unrepresented
Persons: Prospective Defendant |
|
2005-43 |
Client Property: Preserving
Will Where Former Client Not Found |
|
2005-44 |
Conflicts of Interest, Current
Clients: Part-time Nonlawyer Employees |
|
2005-45 |
Fee Agreements: Client to
Pay More If Finances Change |
|
2005-46 |
Conflicts of Interest, Current
Clients:
"Who Is the Client," Group Legal Assistance Plans |
| 2005-47
| Settlement
Including Promise Not to Sue Again |
|
2005-48 |
Trust Accounts: Unclaimed
Client Funds in Trust |
|
2005-49 |
Disclosure of Entity Status
|
| 2005-50
| Conflicts
of Interest, Current Clients: Office Sharers Representing Opposing Parties
|
| 2005-51
| Conflicts
of Interest, Current Clients:
Lawyer Membership in Trade Association Represented
by Lawyer |
|
2005-52 |
Client Funds: Obligation of
Lawyer to Client Creditors and PIP Carrier |
|
2005-53 |
Duty Not to Assist in Fraudulent
Behavior |
| 2005-54
| Fee
Agreements: Contingent to Hourly Fee When Client Rejects Settlement Offer
|
| 2005-55
| Lawyer
as Escrow Agent |
|
2005-56 |
Impartiality: Gifts to Judges
|
| 2005-57
| Conflicts
of Interest, Current Clients:
Government Lawyers, Support Enforcement Division
|
| 2005-58
|
Information About Legal Services:
Publicizing Lawyer's Relationship to Independent
Business |
| 2005-59
| Frivolous
Litigation: Joinder of Defendants |
|
2005-60 |
Lawyer Changing Firms: Duty
to Retain or Surrender Client Property |
|
2005-61 |
Conflicts of Interest, Current
Clients:
Malpractice, Failure to Timely File, Settlement Between Lawyer and Client |
| 2005-62
| Conflicts
of Interest, Current and Former Clients:
Representation of Original and Successor
Personal Representatives |
|
2005-63 |
Fee Agreements:
Interim
Payment to Lawyer Before Probate Completed |
|
2005-64 |
Statements of Opinion Concerning
Judge's Competence |
|
2005-65 |
Listing of Nonlawyer Personnel
on Firm Letterhead |
|
2005-66 |
Conflicts of Interest, Current
Clients: Legal Aid Society |
|
2005-67 |
Conflicts of Interest, Current
and Former Clients: County Counsel |
|
2005-68 |
Trust Accounts: Claims of
Two or More Persons |
|
2005-69 |
Fee Agreements: Dividing Court-Awarded
Fees with Nonlawyer |
|
2005-70 |
Lawyer Changing Firms: Duty
of Loyalty |
|
2005-71 |
Ex Parte Contact with Judge
[this
opinion has been withdrawn] |
|
2005-72 |
Conflicts of Interest, Current
Clients: Creditor of Seller vs. Buyer |
|
2005-73 |
Information About Legal Services:
Acceptance of Referrals |
|
2005-74 |
Electronic Recording of In-Person
Conferences or Telephone Conversations Without Notice or Consent of All Participants
[superseded by 2005-156] |
|
2005-75 |
Financial Relations Between
Lawyer and Judge |
|
2005-76 |
Lawyer's Duty to Disclose
Certain Adoption Informatioin to Client, Lawyer as Agent |
|
2005-77 |
Conflicts of Interest, Current
Clients:
Representation of Insured After Investigation of Matter for Insurer |
| 2005-78
| Fee
Agreements: Increasing Fee Because of Dispute |
|
2005-79 |
Information About Legal Services:
Providing Legal Services to Church Members or on Behalf of Church-Related Causes
|
| 2005-80
| Communicating
with Represented Persons: Current and Former Employees of Entities Represented
by Counsel, Lawyer-Client Privilege |
|
2005-81 |
Communicating with Represented
Persons: Information Relating to the Representation of a Client, Second Opinions
|
| 2005-82
| Conflicts
of Interest, Current Clients: Representing Multiple Criminal Defendants |
| 2005-83
| Ex
Parte Contact with Administrative Law Judge |
|
2005-84 |
Ex Parte Contact: Lawyer for
Nonparty, OLCC Hearing |
|
2005-85 |
Identifying the Client: Corporations
and Partnerships |
|
2005-86 |
Conflicts of Interest, Current
Clients:
Representing Husband and Wife in Bankruptcy, Wills, Dissolution |
| 2005-87
| Unauthorized
Practice of Law: Financial and Estate Planning Service |
|
2005-88 |
Trust Accounts: Withdrawal
of Attorney Fees When Due [superseded by 2005-149] |
| 2005-89
| Prosecuting
Attorneys: Obtaining Promise Not to Enter into Civil Compromise, Suggesting
Civil Compromise |
|
2005-90 |
Client Property: Attorney
Liens |
| 2005-91
| Conflicts
of Interest, Current Clients: Lawyer as Officer, Director or Shareholder of Corporate
Client, Vicarious Disqualification |
|
2005-92 |
Competent and Diligent Representation:
Assisting Client in Breach of Contract |
|
2005-93 |
Conflicts of Interest, Current
Clients:
Lawyer Drafting Parent's Will and Probating Parent's Estate |
| 2005-94
| Conflicts
of Interest: Lawyer's Spouse as Real Estate Broker |
|
2005-95 |
Conflicts of Interest: Duty
to Report Disciplinary Rule Violations |
|
2005-96 |
Information Relating to the
Representation of a Client: Notarial Journals |
|
2005-97 |
Fee Agreements: Modifications
of Fee Agreement and Interest Charges |
|
2005-98 |
Fee Agreements: Flat Fees,
Diligence and Competence |
|
2005-99 |
Conflicts of Interest Between
Lawyer and Client: Sexual Relations Between Domestic Relations Lawyer and Domestic
Relations Client [superseded by 2005-140] |
|
2005-100 |
Information About Legal
Services:
Initiating Contact with Lawyer Referral Service Clients |
| 2005-101
| Unauthorized
Practice of Law:
Lawyer as Mediator, Trade Names, Division of Fees with Nonlawyer
|
| 2005-102
| Conflicts
of Interest Between Lawyer and Client, Public Officials, Conduct Prejudicial to
Administration of Justice: Lawyer-Municipal Judge Representing Clients Before
City Council or Court |
|
2005-103 |
Information About Legal
Services:
Multistate Law Firm, Advertising Availability of Out-of-State Lawyer |
| 2005-104
| Information
Relating to the Representation of a Client: Self-Defense Exception |
| 2005-105
| Information
Relating to the Representation of a Client: Receipt of Property Stolen by Client
or Other "Fruits" of Crime |
|
2005-106 |
Information About Legal
Services:
Purchase of Tax Return Preparation Practice or Private Law Practice |
| 2005-107
| Unauthorized
Practice of Law: Producing General Legal Information Tapes |
| 2005-108
| Information
About Legal Services: Dual Professions, Yellow Pages Advertising |
| 2005-109
| Letterhead
Listing an Out-of-State Law Firm as "Associated Offices" |
|
2005-110 |
Conflicts of Interest, Former
Clients: Former Client as Adverse Witness |
|
2005-111 |
Conflicts of Interest, Current
Clients:
Representing Bankruptcy Client Who Owes Lawyer Substantial Fees |
| 2005-112
| Information
About Legal Services: Distribution of Brochure by Welcoming Program and Participation
in Health Club Services Program |
|
2005-113 |
District Attorneys: Plea
Bargains Including Waiver of Civil Remedies |
|
2005-114 |
Conflicts of Interest, Current
Client: City Councilor or Mayor, Lawyer's Associate Acting as Criminal Defense
Counsel |
| 2005-115
| Unauthorized
Practice of Law: Third-Party Influence |
|
2005-116 |
Conflicts of Interest, Current
Clients: Charity and Donor |
|
2005-117 |
Trust Accounts: Funds Held
in IOLTA or Non-IOLTA Account, Types of Depository Institutions |
| 2005-118
| Conduct
Prohibited by Court Rules: Communicating with Adverse Expert Witness, Dissuasion
of Witness from Testifying [superseded by 2005-132] |
| 2005-119
| Conflicts
of Interest, Current Clients: Fiduciaries |
|
2005-120 |
Conflicts of Interest, Former Clients: Lawyer Changing Firms, Former Prosecutor or Judge, Disqualification, Screening [revised 2007] |
|
2005-121 |
Conflicts of Interest, Current
Clients: Insurance Defense |
|
2005-122 |
Conflicts of Interest, Current
Clients: Multiple Government Clients, Future Conflict Waivers |
| 2005-123
| Conflicts
of Interest, Current Clients: Formation of Corporation or Partnership |
| 2005-124
| Fee
Agreements: Excessive Fees, Contingent Fees, PIP Benefits |
| 2005-125
| Client
Property: Photocopy Charges for Client Files, Production or Withholding of Client
Files |
| 2005-126
| Communicating
with Represented Persons: Prosecutions |
|
2005-127 |
Information About Legal
Services: Writing to Accident Victims |
|
2005-128 |
Conflicts of Interest, Current
and Former Clients:
Lawyer Changing Firms, Imputed Disqualification |
| 2005-129
| Competent
Representation, Information Related to the Representation of a Client: Responsibilities
on Death of a Sole Practitioner |
|
2005-130 |
Conflicts of Interest, Current
Clients: Plaintiff and Witness for Plaintiff |
|
2005-131 |
Contacting Adverse Expert
Witness in a Criminal Case |
|
2005-132 |
Communicating with Adverse
Expert Witness:
Dissuasion of Witness from Testifying |
|
2005-133 |
Attorney Fees: Financing
Arrangement |
|
2005-134 |
Ex Parte Contact: County
Counsel Contact with Hearing Officer and County Land Use Officials |
| 2005-135
| Trust
Accounts: Depositing Fees of Arbitrator or Mediator |
|
2005-136 |
Information Relating to the
Representation of a Client: Lawyers Wrongful Termination Claim |
| 2005-137
| Unauthorized
Practice of Law:
Joint Venture to Produce Interactive Legal Information System
|
| 2005-138
| Prospective
Clients: Legal Aid Service Referrals to Private Lawyers |
|
2005-139 |
Prejudice to Administration
of Justice:
Prosecutor's Threat to Charge More Serious Offense |
| 2005-140
| Lawyer
Self-Interest Conflict: Sexual Relations with Client |
|
2005-141 |
Information Relating to the
Representation of a Client: Recycling of Documents |
| 2005-142
| Communicating
with Represented Persons: Criminal Witnesses |
|
2005-143 |
Communicating with Jurors
After Trial |
|
2005-144 |
Communicating with Represented
Persons: Obtaining Public Records from a Represented Public Body [revised
2007] |
| 2005-145
| Trust
Accounts: "Cushions" to Avoid Overdrafts |
|
2005-146 |
Conflicts of Interest, Current
Clients: Long-Term Docket Obligations |
|
2005-147 |
Communicating with Represented
Persons:
Direct Communication Between Represented Parties |
| 2005-148
| Conflicts
of Interest, Former Clients:
Representating One Spouse in Dissolution After Joint
Estate Planning |
|
2005-149 |
Trust Accounts: Replenishing
Account When Fees Are Disputed |
|
2005-150 |
Competence and Diligence:
Inadvertent Disclosure of Privileged Information |
|
2005-151 |
Fee Agreements: Fixed Fees
|
| 2005-152
| Communicating
with Represented Persons: Current and Former Employees of State Agency |
| 2005-153
|
Information About Legal Services: Insurer-Employed Lawyers' Firm Name |
| 2005-154
| Contacting
Adverse Expert Witness in a Workers' Compensation Proceeding |
| 2005-155
| Conflicts
of Interest: Multiple "Of Counsel" Relationships |
| 2005-156
| Illegal
Conduct: Electronic Recording of Conversations |
|
2005-157 |
Information Relating to the
Representation of a Client:
Submission of Bills to Insurer's Third-Party Audit
Service |
| 2005-158
| Conflicts
of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property
Damage Claims |
|
2005-159 | Competence
and Diligence: Requesting a Guardian ad Litem in a Juvenile Dependency Case
|
| 2005-160
| Conflicts
of Interest: Former State Public Defender in Private Practice |
| 2005-161
| Competence
and Diligence:
Agency Investigator's Contact with Represented Persons |
| 2005-162
| Competence
and Diligence/Neglect of a Matter: Public Employee Lawyer Strike |
| 2005-163
| Communicating
with Unrepresented Persons:
Defense Lawyer Suggesting Civil Compromise |
| 2005-164
| Communicating
with Represented Persons:
Contact Through Web Sites and the Internet |
| 2005-165
| Fee
Agreements: Indemnification Against Claims by Nonclients |
| 2005-166 | Competence
and Diligence: Compliance with Insurance Defense Guidelines |
| 2005-167 | Lawyer
as Mediator: Attempted Fraud by One Party |
|
2005-168 | Lawyer-Owned
Lawyer Referral Service |
|
2005-169 |
Information About Legal Services: Firm Names-Retired Partner Mediator |
| 2005-170
| Fraudulent
or Dishonest Conduct: Billing Multiple Clients for Simultaneous Service |
| 2005-171
| Fee
Agreements:
Interim Payment to Lawyer Before Probate Completed |
| 2005-172
| Trust
Accounts: Accepting Credit Card Retainer Payments |
|
2005-173 |
Dishonesty and Misrepresentation: Participation in Covert Investigations |
| 2005-174
|
Conflicts of Interest, Former Clients:
Vicarious Disqualification in Public Defender
Organizations |
|
2005-175 |
Information About Legal Services: Lawyer Membership in Business Referral Clubs |
| 2006-176 |
Conflicts of Interest:
Lawyer Functioning in Multiple Roles in Client's Real Estate Transaction |
| 2007-177 |
Issue Conflicts |
| 2007-178 |
Competence and Diligence:
Excessive Workloads of Indigent Defense Providers |
| 2007-179 |
Trial Publicity |
| 2007-180 |
Internet Advertising: Payment of Referral Fees
|
| 2009-181 |
Government Lawyer
Employment Negotiations
|
| 2009-182 |
Conflict of Interest: Current Client's Filing of Bar Complaint; Withdrawal
|
| 2011-183 |
Scope of Representation; Limiting the Scope
|
| 2011-184 |
Confidentiality, Conflicts of Interest:
Consulting Between Lawyers Not in the Same Firm |
| 2011-185 |
Withdrawal from Litigation: Client Confidences |
| 2011-186 |
Receipt of Documents Sent without Authority |
| 2011-187 |
Competency: Disclosure of Metadata |
| 2011-188 |
Information Relating to the Representation of a Client:
Third-Party Electronic Storage of Client Materials |
