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 a lawyer represents both an insurer and its insured, can the lawyer forward all settlement funds to the insurer and let the insurer decide how to split subrogation and the insured's uninsured losses?
The opinion concludes the lawyer may not, because the settlement funds belong to both clients; the lawyer must keep disputed sums separate and either hold them until the clients agree or interplead…
Can a lawyer who sits on a legal aid society's board represent a client opposing someone represented by one of the legal aid society's own staff lawyers?
The opinion concludes the board-member lawyer and the legal aid staff lawyer may each represent their respective clients in the same matter, because in the ordinary case the board role does not…
Can a lawyer list nonlawyer staff, such as an office manager or legal assistant, by name and title on the firm's letterhead?
The opinion concludes a lawyer may list nonlawyer personnel and their positions on firm letterhead as long as the listing is not false or misleading, for example by implying the staff are lawyers.
Can an Oregon lawyer contact the opposing party directly, or have a client or investigator do it, when that party has a lawyer?
No. The opinion concludes Oregon RPC 4.2 bars a lawyer from communicating about the matter with a represented opposing party, or causing a client, investigator, or adjuster to do so, without the…
Can a lawyer appear in advertising for an outside business, like a bank board the lawyer sits on?
Yes. The opinion concludes a lawyer who sits on a bank's board may let the bank use the lawyer's photograph in its advertisements, absent some reason to believe the photos would be used in a false…
Can a lawyer serve as the escrow agent in a deal where the lawyer also represents one of the parties?
No. The opinion concludes a lawyer may be a neutral escrow agent only when the lawyer represents none of the parties; a lawyer for a party cannot also be the neutral escrow, though the lawyer may…
Can a lawyer who represents a trade association also become a dues-paying member of that association?
Yes, qualified. The opinion concludes a lawyer may join a trade-association client as an associate member unless the membership materially limits the lawyer's judgment without the client's written…
Can two Oregon lawyers who share office space represent opposing parties in the same lawsuit?
Yes, qualified. The opinion concludes office sharers may represent opposing parties if they do not hold out as one firm, keep their files separate, and protect each other's client confidences; if…
What must an Oregon lawyer do with money held in trust for a client the lawyer can no longer locate?
The opinion holds the lawyer must keep the funds safeguarded in trust, use reasonable diligence to find the client, and, once the funds are presumed abandoned under Oregon's unclaimed-property act,…
Can a defense lawyer condition a settlement on the plaintiff's lawyer promising never to sue the defendant again?
No. The opinion concludes that conditioning a settlement on the plaintiff's lawyer agreeing not to sue the defendant in the future is a restriction on the lawyer's right to practice barred by RPC…
Is an employee covered by a prepaid group legal-services plan automatically a client of the plan's law firm?
No. The opinion concludes a plan beneficiary is not per se a current client of the firm; the firm may oppose one covered employee on behalf of another it actually represents, because mere…
Can one part-time nonlawyer work for two Oregon firms that are on opposite sides of matters?
Yes, qualified. The opinion concludes that, unlike a shared lawyer (whose dual employment would create a non-waivable firm conflict), a shared nonlawyer is governed by RPC 5.3: dual employment is…
Before filing suit, can an Oregon lawyer (or an investigator) contact a prospective defendant, take an affidavit, and negotiate a settlement?
Yes, qualified. The opinion concludes that because the lawyer does not know the prospective defendant is represented, RPC 4.2 is not triggered, so the lawyer or an investigator may speak to them,…
In an Oregon bankruptcy, can a lawyer represent the debtor and the debtor's creditors at once, or represent two creditors of the same debtor?
No to representing the debtor and that debtor's creditors together in the bankruptcy (a non-waivable conflict), but the lawyer may represent the debtor alone while keeping the creditors on unrelated…
Can an Oregon lawyer advance a litigation client's living expenses, post bail, or pay the lawyer's own investigation costs?
It depends on the advance. The opinion concludes advancing living expenses risks a conflict under RPC 1.7(a)(2) and is allowed only as modest gifts to indigent clients under RPC 1.8(e)(3); advancing…
Can a lawyer who sometimes serves as a pro tem judge, and the lawyer's partner, keep representing clients before other judges of that same court?
Yes, qualified. The opinion concludes the lawyer and partner may continue such representation without special disclosure or consent where there is no significant risk that the pro tem service…
Can an Oregon lawyer represent both the issuer and the underwriter on the same municipal bond issue?
No. The opinion concludes that simultaneously representing the issuer and the underwriter in the same bond transaction is a non-consentable current-client conflict under RPC 1.7, because the lawyer…
Can an Oregon lawyer send thank-you cards to clients and referral sources, or host an open house for clients and nonclients?
Yes, qualified. The opinion concludes thank-you cards to clients and referral sources are constitutionally protected and need not be treated as advertising, and a lawyer may host an open house but…
Can a part-time judge's or legislator's private law office answer the phone as 'Judge ___'s office' or 'Senator ___'s office'?
No. The opinion concludes that answering a private law office's public phone by referring to the lawyer's judicial or legislative title is a false or misleading communication and improperly implies…
Can an Oregon lawyer paid by an insurer represent both the insurer and the insured in a subrogation action against a third party?
Yes, qualified. The opinion concludes the lawyer may represent both where their interests do not appear to diverge, so long as the insured gives informed consent to the insurer paying the fee under…
Can an Oregon lawyer write a newspaper legal column, answer readers' legal questions, and speak to community groups about the law?
Yes, qualified. The opinion concludes a lawyer may write a legal column, answer readers' questions, appear on radio or television, and speak to groups, provided the communications are not false or…
Can an Oregon law firm make associates or departing partners sign a covenant not to compete or pay a penalty for taking firm clients?
No. Oregon RPC 5.6(a) bars agreements that restrict a lawyer's right to practice after leaving, and lawyers may not require a withdrawing lawyer to pay a penalty for competing; a firm may, however,…
Can an Oregon lawyer represent both the birth mother and the adopting parents in an adoption, or just the adopting parents when the lawyer formerly represented the birth mother?
No to joint representation, because the parties' interests are necessarily opposed and consent cannot cure it; yes to representing only the adopting parents, qualified, if the prior matter for the…
Can a suspended or disbarred Oregon lawyer be paid for work done before the discipline, and can the successor lawyer split a contingent fee with that lawyer?
Yes, qualified. The suspended or disbarred lawyer may collect an ethically appropriate fee for pre-discipline work, and the successor may forward that earned portion, but may not share any fee for…
Can a retired Oregon lawyer donate old client files to an archive, or share a former client's confidences with that client's new lawyer?
No to both, qualified. Absent the affected client's informed consent or another RPC 1.6 exception, a retired lawyer may not give files containing confidential information to an educational…
Can an Oregon lawyer file a complaint against a defendant who has a valid affirmative defense the defendant may not have discovered?
Yes, qualified. As long as the claim has a basis in law and fact that is not frivolous under Oregon RPC 3.1, the lawyer may file it; it is up to the defendant or the defendant's counsel to discover…
Can an Oregon lawyer agree to send clients to a nonlawyer business in exchange for that business referring customers back to the lawyer?
No. The opinion concludes a reciprocal client-referral arrangement with a nonlawyer business violates Oregon RPC 7.2 and 5.4(e), but a plain office-sharing arrangement with a nonlawyer that involves…
Can an Oregon lawyer claim the same items of damages in two separate lawsuits from two accidents when it is unclear which accident caused which injury?
Yes as to pleading the same damages in both complaints, because causation is unclear; but once a damage item has been paid by one defendant, the lawyer may not pursue clearly duplicative recovery…
Can a lawyer join a business-networking club that requires members to exchange referrals as a condition of membership?
No. The opinion concludes a lawyer may not participate in a networking association whose purpose and membership condition is the reciprocal exchange of business referrals, because a referral is a…
Is a public defender office treated as a law firm for conflicts, so that one lawyer's former-client conflict disqualifies the whole office, and does it change when the lawyer leaves?
Yes. A public defender organization is a firm under Oregon RPC 1.0(d), so a lawyer's former-client conflict under Oregon RPC 1.9 is imputed to the whole office under Oregon RPC 1.10(a) and cannot be…
If a lawyer attends a single court call covering four clients' cases in one hour, can the lawyer bill each client the full hour under an hourly fee agreement?
No, qualified. Under straight hourly billing the lawyer cannot bill more than one client for the same time; billing four clients a full hour each for one hour of work bills more time than worked,…
Can a law firm keep a retired partner's name in the firm name and list the retired partner on letterhead as a mediator, and can that partner consult for the firm without malpractice-fund coverage?
Yes. The opinion concludes a firm may keep a retired former partner's name in the firm name and list the partner as available solely as a mediator if true and not misleading; the partner may also…
Can an Oregon lawyer own and run a for-profit lawyer-referral service, and can that service give legal advice while screening callers?
A lawyer may own and manage a for-profit lawyer-referral service, qualified: the service must not practice law or help the lawyer-owner violate the rules, and the owner should avoid personally…
If one party to a mediation hides a material asset and tells the lawyer-mediator to conceal it, can the mediator finish the mediation, and can the mediator tell the other party?
No to both completing the mediation and disclosing the fraud. The opinion concludes the lawyer-mediator must withdraw rather than complete a mediation built on a party's concealment, may make a…
Can an insurance defense lawyer agree in advance to follow an insurer's litigation billing and management guidelines without regard to how they affect the insured?
No. The opinion concludes a lawyer may not commit in advance to comply with insurer litigation guidelines without regard to their effect on the insured; the lawyer must review the guidelines case by…
Can a lawyer view an opposing represented party's public website and send messages through it during litigation?
Viewing an adverse party's public website is permitted, like reading anything published for the public. Sending internet messages, however, is treated like written contact under Oregon RPC 4.2, so…
Can a criminal defense lawyer contact the complaining witness directly to suggest a civil compromise of the charges?
Yes. The opinion concludes a defense lawyer may contact a complaining witness to suggest a civil compromise, because the witness is not represented by the district attorney, so Oregon RPC 4.2 is not…
Can a government lawyer advise an agency investigator to contact a represented licensee, and may the lawyer warn the licensee's attorney about the contact?
The opinion concludes an assistant attorney general may advise an agency investigator about contacting a represented licensee directly (the agency, as a party, may contact another party even though…
Can an Oregon lawyer give advice or a recommendation to an unrepresented opposing person, like an adverse driver or a grand-jury witness?
No. The opinion concludes that even when RPC 4.2 does not apply because the person is not known to be represented, Oregon RPC 4.3 bars a lawyer from giving legal advice (other than to get counsel)…
Can one lawyer represent both the driver and the passengers of the same car in injury claims against the other driver?
It depends on the issue. The opinion concludes a lawyer cannot represent both if the driver's liability to the passengers is genuinely in play (a possible nonwaivable conflict), may represent both…
Can a defense lawyer send an insured client's detailed legal bills to the insurer's outside audit company, and may the lawyer ask the client to consent?
Not without consent if the bills contain protected information. The opinion concludes a lawyer may submit bills with no confidential information, but otherwise needs the insured's informed consent…
Can an Oregon lawyer secretly record a phone call or an in-person conversation without telling the other person?
It depends on the recording law. The opinion concludes a lawyer may record an Oregon phone call without notice because state law allows one-party recording, but may not secretly record an in-person…
If lawyers and firms are linked through 'of counsel' relationships, are their clients treated as one firm's clients for conflict-of-interest purposes?
Yes. The opinion concludes that an 'of counsel' lawyer is a member of the firm for conflict purposes, so firms and solo practices joined by of-counsel ties are treated as a single unit and their…
Can lawyers employed by an insurance company present themselves on letterhead as a law firm without disclosing that they work for the insurer?
No. The opinion concludes that for staff lawyers employed by an insurer to defend insureds, using a firm-style name on letterhead or pleadings without disclosing their status as insurer employees is…
Can a plaintiff's lawyer interview current and former employees of a state agency defendant without the Attorney General's consent?
A current agency employee is off-limits under Oregon RPC 4.2 only if the employee is part of management or their conduct is at issue; other current employees, and former employees, may be contacted…
If a lawyer receives a privileged document the other side sent by mistake, do the ethics rules require returning it unread?
No, qualified. Oregon RPC 4.4(b) requires a lawyer who knows a document was sent inadvertently only to promptly notify the sender; it does not require returning or refusing to read it. Whether the…
Can a lawyer withdraw earned hourly fees from a trust-account retainer when billing, and must the lawyer put the money back if the client later disputes the bill?
A lawyer may withdraw earned hourly fees from a trust account when invoicing the client, if the lawyer is unaware of any dispute over the right to payment. If the client objects afterward, the…
Can a lawyer who did joint estate planning for a married couple later represent one spouse against the other in their divorce?
It depends. The opinion concludes the lawyer may represent one former-client spouse in the dissolution without consent if the divorce is neither a matter-specific nor an information-specific…
Can a lawyer let their own client talk directly with the opposing party about settlement when that party is represented by counsel?
Yes, qualified. Oregon RPC 4.2 restricts communications that originate with the lawyer, not voluntary contact between the parties, so a lawyer need not stop the clients from speaking directly, but…
Can a lawyer adverse to a public body contact a government employee for copies of public records without the public body's lawyer's consent?
Yes. A limited request to a public employee to obtain a specific public record is a communication authorized by law under the Public Records Law, so Oregon RPC 4.2 does not bar it; but substantive…
Can a prosecutor contact a represented witness directly once the witness's lawyer has given notice of the representation?
No. Once the prosecutor knows a non-suspect witness is represented, Oregon RPC 4.2 bars direct contact about the witness's testimony, before or after indictment, and the witness's motive for hiring…
Can a law firm hire an outside recycling service to dispose of paper documents that contain confidential client information?
Yes. A firm may use a recycling service for client documents if it makes reasonable efforts to ensure the service's conduct is compatible with the firm's confidentiality duty, including instructing…
Can an in-house lawyer who was fired for refusing to make a false statement sue for wrongful termination if the suit requires revealing information about the representation?
Yes, but only with qualifications. Oregon RPC 1.6(b)(4) lets a lawyer disclose otherwise-protected information to establish a claim in a controversy with the client, so a fired in-house lawyer may…
Can a lawyer let clients finance legal fees through a nonlawyer company that pays the lawyer's vouchers minus a service charge and then collects from the client?
Yes, qualified. The company's 10% service charge is not improper fee sharing under RPC 5.4(a), which protects the lawyer's independence and does not bar a nonlawyer from collecting fees, and the…
Can a plaintiff's lawyer also represent the plaintiff's treating expert witness at the expert's deposition in the same case?
Yes, qualified. On these facts the interests of the plaintiff and her treating psychotherapist are not directly adverse and may be aligned, so there is no conflict under RPC 1.7 and no consent is…
What must a solo lawyer do to protect clients and their information if the lawyer dies or becomes disabled, and what may a successor lawyer do with the files?
Competence requires a solo lawyer to arrange for someone, who need not be a lawyer, to step in on death or disability to prevent client prejudice, such as by contacting the presiding judge to start…
When the only lawyer who worked on a client's matter leaves a firm and the client follows the lawyer, can the former firm later represent parties adverse to that client without consent?
Yes, qualified. Under RPC 1.10(b), once the lawyer who handled the client leaves and takes the client, the former firm needs the client's consent only if the new matter is the same or substantially…
Can a prosecutor or a co-defendant's lawyer contact a represented defendant about a separate, unrepresented charge, and may a prosecutor use undercover agents against a represented suspect before charging?
No to the first two: under RPC 4.2, neither a co-defendant's lawyer nor a prosecutor may talk to a defendant about another charge on which the defendant is unrepresented if the defendant is…
Can one lawyer represent several individuals together in forming a corporation or partnership?
It depends on the parties' interests. If, after reasonable inquiry, the would-be co-owners' interests are consistent with no material divergence, there is no conflict and the lawyer may represent…
Can a part-time special prosecutor also represent private clients adverse to the state, city, or county, and can the prosecutor obtain an advance blanket waiver of future conflicts from the state?
Yes. A special prosecutor's only government client is the state, so the lawyer may represent private clients against the state in unrelated matters with the affected clients' written informed…
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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.