Oregon State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Oregon State Bar, with full citations and source links on every page.
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When an Oregon lawyer retires or dies, can the lawyer (or the lawyer winding up the practice) discard original wills whose former clients cannot be located?
No, qualified. The opinion concludes original wills are client property the lawyer must preserve, or have preserved by competent successor counsel, under RPC 1.15-1; statute (ORS 112.815 and…
When an Oregon lawyer believes a client has lost the capacity to handle their own affairs, can the lawyer act protectively over the client's objection?
Yes, qualified. The opinion concludes that under RPC 1.14 a lawyer who reasonably believes a client has diminished capacity, is at risk of substantial harm, and cannot act in their own interest may…
Can an Oregon lawyer publicly campaign for and endorse candidates for judicial or other elected office?
Yes. The opinion concludes no ethical rule prohibits a lawyer from assisting in others' campaigns, including speaking publicly and lending the lawyer's name to endorsements, so long as the lawyer…
Can an Oregon lawyer running for judicial office campaign for that office?
Yes, qualified. The opinion concludes a lawyer may campaign for judicial office, subject to compliance with the applicable provisions of the Code of Judicial Conduct as required by Oregon RPC 8.2(b).
What must an Oregon lawyer do when a client commits perjury, or when a court-appointed client is fraudulently obtaining free counsel?
For past perjury, the lawyer must urge the client to correct it and, if the client refuses, may only seek to withdraw without disclosing the wrongdoing; but where the client's conduct is a…
If an Oregon lawyer's client disappears mid-appeal owing fees, can the lawyer stop work or settle the case without the client?
No to both, qualified. The opinion concludes the lawyer must keep handling the appeal until properly granted leave to withdraw under RPC 1.16, and may not settle the case without the client's…
Can an Oregon lawyer borrow money from, lease property from, or go into business with a client?
Yes, qualified. The opinion concludes a lawyer may enter a business transaction with a client only if the lawyer meets all of RPC 1.8(a): fair and fully disclosed written terms, written advice to…
Can an Oregon lawyer who represents a trade association take on one member against another member in an unrelated matter?
Yes. The opinion concludes the lawyer's client is the association, not its individual members, so representing one member against another non-client member in an unrelated matter is not a current…
Can an Oregon lawyer endorse a settlement check that is payable jointly to the lawyer and the client?
Only with the client's authorization. The opinion concludes a lawyer may endorse a check on the client's behalf if the client authorizes it, but may not do so without authorization; implied…
Can an Oregon lawyer employ a suspended or disbarred lawyer to do work that nonlawyers may lawfully perform?
Yes, qualified. A suspended or disbarred lawyer may do work that nonlawyers may lawfully do, but may not practice law and may not receive a share or percentage of legal fees earned on a specific…
Can an Oregon lawyer accept payment from an insurance adjuster to handle a conservatorship for an unrepresented minor and the minor's parents?
Yes, qualified. Under Oregon RPC 1.8(f) the lawyer must obtain the client's informed consent to the third-party payment and must not let the adjuster direct or regulate the lawyer's professional…
When can an Oregon lawyer assist nonlawyers (or sign documents prepared by them) without aiding the unauthorized practice of law?
A lawyer may help nonlawyers do what nonlawyers can lawfully do, and may use a collection agency for the lawyer's own or clients' debts, but may not sign letters or pleadings the lawyer has not…
Can an Oregon lawyer help a client buy back the client's own bad checks to reduce criminal exposure, if the steps are lawful?
Yes, qualified. The opinion concludes that because the actions the client asks for are assumed lawful, the lawyer has a duty under Oregon RPC 1.2 to act in accordance with the client's directions;…
When can an Oregon lawyer advise, supervise, or take part in a covert investigation that uses misrepresentation, and can the lawyer go undercover personally?
Oregon RPC 8.4(b) is a safe harbor that lets a lawyer advise or supervise lawful covert activity only when the lawyer in good faith believes there is a reasonable possibility of unlawful activity;…
Can a lawyer accept credit card payments for advance retainers, and how should the trust account, service fees, and chargebacks be handled?
A lawyer may accept credit card payments, but unearned retainers are client funds that may not be deposited into the lawyer's business account; if the bank requires one merchant account it must be a…
Can an Oregon lawyer take a new matter adverse to a former client when only confidential information, not the same matter, is at stake?
It depends on the information. The opinion concludes that where the new matter is not the same or substantially related to the former representation, the lawyer may proceed without consent unless…
Can a lawyer's engagement agreement require a corporate client to indemnify the lawyer against civil claims by a nonclient, like an investigated employee?
Yes. The opinion concludes a lawyer may include an engagement provision in which the client agrees to indemnify the lawyer against independent civil claims by a nonclient (here, an investigated…
Can a lawyer who is a public employee take part in a lawful labor strike against the government agency that employs them?
Yes, qualified. The opinion concludes nothing in the rules bars a public-employee lawyer from a lawful strike, but the lawyer must avoid neglecting client matters (by giving adequate advance notice…
Can a lawyer who used to work in the state appellate public defender's office take postconviction appeals alleging ineffective assistance by that office's lawyers?
Generally yes, with qualifications. The opinion concludes the lawyer may take such appeals, but a personal-interest conflict under Oregon RPC 1.7(a)(2) arises if loyalty to former colleagues would…
In a juvenile dependency case, when can a parent's lawyer ask for a guardian ad litem, and must the lawyer follow the guardian's directions afterward?
The opinion concludes a parent's lawyer should seek a guardian ad litem only when the client consistently cannot act in their own interests; a lawyer acting as a guardian ad litem performs a…
In a workers' compensation case, can a lawyer contact the opposing side's expert witness directly, and is notice to opposing counsel required?
Yes. No conduct rule bars contacting an opposing expert in a workers' compensation proceeding, and the broad discovery policy permits it without prior notice to opposing counsel, though the lawyer…
When a contingent-fee settlement is paid in installments, can the lawyer take more than the agreed percentage out of the early payments?
No. The opinion concludes that, absent a contrary agreement, a lawyer must take only the agreed prorated percentage from each settlement installment, because charging more than the client agreed to…
If a lawyer sends past clients periodic reminders about deadlines like patent maintenance fees or lease renewals, are those people current clients for conflict purposes?
They may be. The opinion concludes that, absent a clear written statement that no continuing relationship exists, recipients of periodic docket reminders can reasonably believe the lawyer-client…
Can a lawyer keep a cushion of personal funds in the client trust account to prevent an overdraft notice to the bar from a bookkeeping or bank error?
No. Oregon RPC 1.15-1(b) lets a lawyer place personal funds in a trust account only to cover bank charges or minimum balances, and only in necessary amounts, so a 'cushion' to avoid overdraft…
Can a lawyer contact jurors after the verdict to ask what they thought of the case or to look for grounds for appeal?
No. Oregon and federal court rules generally bar a lawyer from initiating contact with jurors about a case they were sworn to try, and violating those rules also violates Oregon RPC 3.5(c)(1), so…
Can a lawyer have a sexual relationship with a client during the representation, and can a lawyer represent someone with whom the lawyer already had a sexual relationship?
A lawyer may not begin sexual relations with a current client during the representation. A lawyer may continue a sexual relationship that existed before the representation, but only if the resulting…
Can a part-time deputy district attorney take private clients in matters connected to cases the office is prosecuting?
No, while still in office. The opinion concludes a deputy DA may not represent a private party in a civil matter involving substantially the same controversy as a pending prosecution, under ORS…
Can a prosecutor threaten to file more serious charges if a defendant refuses a plea offer or files pretrial motions?
Yes, qualified. The opinion concludes that threatening charges already supported by probable cause as part of plea negotiations facilitates the administration of justice and does not by itself…
Does a legal aid program create a conflict when it screens applicants and refers them to a pro bono panel lawyer, even if the opposing party was already referred to another panel lawyer?
Generally no. The opinion concludes that intake information gathered by a legal aid screener is protected, but screening can prevent it from disqualifying the program's other lawyers and the pro…
Can a lawyer partner with a nonlawyer to sell a web-based, automated legal information system without assisting the unauthorized practice of law?
Yes. The opinion concludes that an automated, web-based system that asks users stored questions and returns stored legal information or forms, with a clear notice that no human interaction is…
Must a lawyer who works only as an arbitrator or mediator deposit advance fees in a lawyer trust account, even though no client relationship exists?
Yes. Advance fees a lawyer receives while serving as an arbitrator or mediator are not client property because there is no lawyer-client relationship, but they are 'property of third persons,' which…
Can a county counsel's office communicate ex parte with, and prepare draft findings for, a county land-use hearing officer it helped hire?
Yes, qualified. Ex parte communication between county counsel and the planning division, hearing officer, or commissioners is not improper if authorized by ordinance or other law, by extension of…
In a civil case, can a lawyer contact the opposing side's fact witnesses or retained expert without notice, and can the lawyer try to persuade a witness not to testify?
A lawyer may contact unrepresented adverse fact witnesses without notice. Contacting a retained adverse expert is barred in federal civil litigation, where the discovery rules limit it, but is not…
In a state criminal case, may a prosecutor or a defense lawyer contact the other side's designated expert witness about the subject of the expert's anticipated testimony?
Yes, for both. No professional-conduct rule directly governs contacting an opposing testifying witness, so the question turns on the criminal-discovery statutes, which favor access to witnesses and…
Can an Oregon lawyer charge a contingent fee in a divorce, support, or cohabitant property case?
Usually no. The opinion concludes Oregon RPC 1.5(c) bars a contingent fee whose payment or amount turns on securing a divorce or on the amount of support or property settlement, and it applies that…
Can a personal-injury lawyer charge a contingent fee that is calculated in part on the recovery of uncontested PIP benefits?
Yes, qualified. A contingent fee may include the recovery of PIP benefits as long as the lawyer's entire fee for the matter, both the PIP and non-PIP portions, is not clearly excessive or…
Can a district attorney offer a plea bargain conditioned on the defendant waiving civil remedies against the arresting officers or resolving a related civil forfeiture?
Yes, qualified. Because the criminal charges are already pending, the offer is not a threat to present charges under RPC 3.4(g), and a simultaneous-settlement offer is not per se prejudicial to the…
Can a lawyer advise and represent a client in bankruptcy when the client owes the lawyer substantial fees that the bankruptcy would discharge?
Yes, qualified. The discharge of the lawyer's own fees creates a personal-interest conflict under RPC 1.7(a)(2), so the lawyer may advise and represent the client only with informed consent…
Can a lawyer represent a criminal defendant when a former client of the lawyer will testify as an expert witness for the prosecution?
No, qualified. A lawyer is not barred merely because a former client testifies adversely, but here the lawyer learned of the former client's wrongdoing during the earlier representation, making the…
When can an Oregon lawyer take a new case against a former client, and what counts as the same or a substantially related matter?
Not without consent. The opinion concludes that under Oregon RPC 1.9 a lawyer may not act against a former client in the same or a substantially related matter without each affected client's…
Can a lawyer produce and sell general legal-information audio or video recordings to the public with non-lawyer partners, and put the lawyer's name and practice area on them?
Yes: producing and marketing general legal-information tapes is not the practice of law, so RPC 5.5 and 5.4 do not bar the lawyer from joining with non-lawyers or sharing profits, and the lawyer may…
Can a criminal-defense lawyer take possession of stolen property to return it, accept a retainer that may be the fruits of a crime, or take custody of a client's murder weapon?
A lawyer may help return stolen property to its owner absent an unlawful purpose, and may accept a retainer unless the lawyer knows the funds are the fruits of a crime; but a lawyer may not accept…
Can a lawyer reveal confidential client information to defend against a former client's malpractice claim in a fee dispute or to answer a bar complaint about the representation?
Yes: RPC 1.6(b)(4) lets a lawyer reveal information relating to the representation to the extent reasonably necessary for self-defense, including to establish a claim or defense in a controversy…
Can an Oregon lawyer stop working on a client's lawsuit until the client pays overdue legal fees?
Not unilaterally. The opinion concludes a lawyer may seek the court's leave to withdraw for nonpayment under Oregon RPC 1.16, but if the court refuses leave, the lawyer must continue to represent…
When a lawyer or staff member notarizes a client's document, how must the lawyer keep the next signer from seeing the prior client entries in the notarial journal?
If a journal entry contains protected client information, the lawyer must prohibit, and have staff prohibit, later signers from viewing it, for example by covering prior names and signatures or by…
Must a lawyer report another lawyer's ethics violation, and can the lawyer report it when the information came from representing a client who objects?
No, where the knowledge is protected by RPC 1.6 or ORS 9.460(3) and no exception applies: RPC 8.3 does not require (or permit) disclosure of confidential client information. Otherwise the duty to…
Can a lawyer represent a buyer or seller in a real estate deal in which the lawyer's spouse is the broker earning a commission?
Qualified yes: because the spouse-broker is not the lawyer's client there is no client-client conflict, but the lawyer must assess whether interests in or duties to the spouse create a…
Can a lawyer at a firm that represents a corporation also serve as the corporation's officer, director, or shareholder, and is the conflict imputed to the whole firm?
Qualified yes: a lawyer may serve as an officer, director, or shareholder of a corporate client, but where there is a significant risk the dual role will materially limit the representation the…
Can an Oregon lawyer contact jurors after a trial has ended?
This opinion no longer states current guidance. Oregon State Bar Formal Opinion 2005-9 has been superseded and replaced by OSB Formal Opinion 2005-143, which is the operative opinion on…
Can a prosecutor make the decision to prosecute conditional on the complaining witness agreeing not to civilly compromise the case, and can the prosecutor instead suggest a civil compromise?
No to the first, yes to the second: conditioning prosecution on a witness's promise not to enter a statutory civil compromise is conduct prejudicial to the administration of justice under RPC…
Can one lawyer represent both spouses together in a joint bankruptcy, in preparing their wills, and in their divorce?
The opinion concludes joint representation in a bankruptcy or wills is usually permissible with informed written consent because spouses' interests are typically aligned, but representing both…
Can one lawyer represent more than one defendant in the same criminal case?
The opinion concludes usually no: in most criminal joint representations the lawyer would have to advance one client's interest (such as a plea deal to testify against the other) while opposing it…
Can a lawyer give a second opinion to someone already represented by another lawyer, and may the lawyer tell that other lawyer about the request?
The opinion concludes a lawyer approached for a second opinion may give it without the other lawyer's consent because the no-contact rule does not apply to a prospective client who seeks the lawyer…
In a suit against a company, can the opposing lawyer interview the company's current or former employees without defense counsel's permission, and ask what they told the company's lawyers?
The opinion concludes a current employee is off-limits without consent only if they are management or their conduct is at issue; former employees who are not separately represented may be contacted…
Can a lawyer take part in a church-organized prepaid legal plan for its members, and contact non-members in person at the church's request to support the church's causes?
The opinion concludes a lawyer may join a statute-compliant prepaid plan paid for by a church and may solicit non-members the church identifies, as long as the church does not direct the lawyer's…
Can a lawyer who first reviewed coverage for an insurer then defend both the insurer and the insured in the underlying lawsuit under a reservation of rights?
The opinion concludes the lawyer may, but because the prior coverage work creates a significant risk of materially limiting the defense of the insured, the lawyer must reasonably believe both…
Can a lawyer accept client referrals from friends and clients and send them a small thank-you gift without it counting as paying for referrals?
The opinion concludes a lawyer may accept such referrals and may give nominal thank-you gifts, as long as the gifts are tokens of appreciation and not payment given in exchange for or in…
Can a lawyer represent two clients in a chain of debt, a creditor of a seller and the buyer being sued by that seller, when one client may only be paid if the other loses?
The opinion concludes it depends on the facts: there is no conflict if the middle party can pay the creditor regardless of the outcome, a waivable conflict if payment is doubtful, and a direct,…
When a lawyer leaves one firm for another, can the lawyer tell clients before notifying the old firm, take the client files, and solicit those clients for the new firm?
The opinion concludes a departing lawyer may take the files of clients who request it (absent a valid firm lien) and may solicit former clients subject to the advertising and solicitation rules, but…
Can a lawyer who is also a state legislator take a fee from a client to push legislation that benefits the client?
No. The opinion concludes a lawyer-legislator may not accept a fee to seek legislation for a client, because the arrangement is bribe-giving and bribe-receiving under Oregon law and is barred by RPC…
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Legal ethics opinions from the Oregon State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.