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 insurer hires a lawyer to defend an insured under a reservation of rights, can the lawyer take a step that helps the insurer but cuts off the insured's defense or coverage?
No. A lawyer hired by an insurer to defend an insured has two clients, and where the insurer defends under a reservation of rights the insured is the primary client whose protection must be the…
When a lawyer moves between criminal defense practice, a district attorney's office, or the bench, which conflicts follow the lawyer, and when are they imputed to the new firm or curable by screening?
A lawyer carries former-client and former-government conflicts when switching sides, and may take a conflicting matter only with the affected clients' written informed consent. A defense lawyer's…
Can lawyers who only share office space call themselves associates, of counsel, or practice under a joint firm name?
No. The opinion concludes that lawyers who merely share office space but keep separate practices may not hold themselves out as associates, as of counsel to each other, or under a joint firm name,…
When a lawyer represents a personal representative or trustee, are the estate, trust, or beneficiaries also the lawyer's clients, and can the lawyer tell beneficiaries about the fiduciary's breach of duty?
A lawyer for a personal representative or trustee represents the fiduciary alone, not the estate, trust, or beneficiaries, so the current-client conflict rules do not bar representing one person who…
Where must a lawyer deposit a large client fund held pending settlement, and can the client direct the interest to the Oregon Law Foundation instead of earning it?
Because the fund is substantial and expected to be held long enough to earn net interest, it must go in an interest-bearing trust account at a qualifying institution with the interest going to the…
Can a lawyer who represents a charity and sits on its board also represent a donor making a gift to the charity, or draft the donor's will naming the charity?
The lawyer may not represent both the charity and the donor in the gift transaction, because that is a nonwaivable conflict under RPC 1.7(a)(1) and (b)(3). The lawyer may represent only the donor in…
Can an Oregon lawyer agree to review and finalize estate-planning documents prepared by an out-of-state company that sells the plans to customers and pays the lawyer?
No. A company that consults with customers, explains documents, and gives estate-planning advice is engaged in the unauthorized practice of law, and a lawyer who reviews and executes its documents…
Can a law firm represent criminal defendants when one of its lawyers is the city councilor or mayor and city police officers will be witnesses?
Yes, qualified. The city is not the firm's client, so RPC 1.7(a)(1) does not apply, and cross-examining a city police officer does not by itself create a conflict; the firm should watch for personal…
Can a law firm market its services by paying to appear in a community welcoming program's profile book and by offering discounts through a health club's member-benefits program?
Yes to the welcoming program, because printed, truthful advertising is allowed under RPC 7.2(a) and 7.1. Yes, qualified, to the health club program: because the firm effectively gives the club a…
Can an Oregon law firm and an out-of-state firm list each other as an 'Associated Office' on their letterhead?
Yes. An Oregon firm may list a Washington firm it works with as an 'Associated Office,' and may let the Washington firm do the same, because the designation is not false or misleading under RPC 7.1…
Can a lawyer who runs a family-mediation practice advertise in the 'Counselors' section of the Yellow Pages as well as the 'Attorneys' section?
Qualified yes: a lawyer may run a separate counseling or mediation business and may advertise it, or advertise as a lawyer in the Counselor section, so long as the advertisement is not false or…
Can a tax lawyer buy a nonlawyer's tax preparation business, and what solicitation and conflict limits apply afterward?
Yes: nothing in the rules or ORS chapter 9 bars a lawyer from buying a business, but the lawyer may not use the acquisition for improper solicitation (such as conditioning the purchase on the…
Can a multistate law firm advertise to its Oregon clients that lawyers who are not Oregon State Bar members are available?
Qualified yes: multistate firms are permitted and may advertise the availability of out-of-state lawyers, who can perform the cross-border activities RPC 5.5(c) and (d) allow, but the firm may not…
Can a lawyer who serves as a part-time municipal judge represent private clients before the town council or defend a client by cross-examining police officers who appear before that judge?
Qualified yes to both: neither representation is barred outright, and on the facts given there is no RPC 1.7 conflict (one client per matter) and no improper use of public office, but the lawyer…
Can a lawyer and a non-lawyer run a joint mediation business under a trade name, and how do the fee-sharing and unauthorized-practice rules apply?
A lawyer may serve as a mediator and may join with a non-lawyer to provide mediation services and use a non-misleading trade name; but if the service involves the practice of law (such as drafting…
Can an Oregon lawyer own an outside business that does deals with the lawyer's clients, and advise those clients on the deals?
Yes, qualified. The opinion concludes nothing bars a lawyer from owning other businesses, but advising a client on a transaction with the lawyer's own enterprise requires satisfying the…
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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.