reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 representative of the client of the attorney as between the client and the adverse party, except as provided in ORS 9.310. [Amended by 1975 c.451 §171; 2015 c.7 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 pendency thereof, or within three years after judgment, and upon the payment or delivery thereof to discharge the claim or acknowledge satisfaction of the judgment. This section does not prevent a party from employing a new attorney to issue execution upon a judgment or to take other proceedings prescribed by law for its enforcement, and when the party does so, the authority of the former attorney ceases. [Amended by 1985 c.540 §23; 2003 c.576 §277]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 judge thereof for the county where such attorney resides or may be found, to do so within a specified time, or show cause why the attorney should not be punished for a contempt.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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:
(1) 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;
(2) Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or
(3) Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report, determine the same as in other cases. [Amended by 1975 c.648 §70; 1991 c.67 §2; 2003 c.14 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.380 - Changing attorneys and terminating attorney-client relationship.

(1) The attorney in an action or proceeding may be changed, or the relationship of attorney and client terminated, as follows:
(a) 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
(b) At any time, upon the order of the court, based on the application of the client or the attorney, for good and sufficient cause.
(2) The relationship of attorney and client may be terminated after the entry of a judgment or other final determination in an action or proceeding by the filing of a notice of termination of the relationship in the action or proceeding. The notice must be signed by the attorney and must state that all services required of the attorney under the agreement between the attorney and the client have been provided. [Amended by 1985 c.540 §24; 2003 c.576 §278; 2011 c.60 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [Amended by 2011 c.60 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.460 - Duties of attorneys.

An attorney shall:
(1) Support the Constitution and laws of the United States and of this state;
(2) 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;
(3) Maintain the confidences and secrets of the attorney’s clients consistent with the rules of professional conduct established pursuant to ORS 9.490; and
(4) Never reject, for any personal consideration, the cause of the defenseless or the oppressed. [Amended by 1989 c.1052 §9; 1991 c.726 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.490 - Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule.

(1) 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 members of the bar.
(2) A court of this state may not order that evidence be suppressed or excluded in any criminal trial, grand jury proceeding or other criminal proceeding, or order that any criminal prosecution be dismissed, solely as a sanction or remedy for violation of a rule of professional conduct adopted by the Supreme Court. [Amended by 1995 c.302 §19; 1995 c.708 §2; 2023 c.72 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 person shall be void.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [1961 c.561 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.515 - Referral of claims, suits or actions between members; division of fees.

(1) Nothing contained in ORS 9.505 shall prevent referral of claims, suits or actions between members of the bar.
(2) The provisions of ORS 9.505 shall not prohibit the referral of claims, suits or actions between members of the bar or the dividing of fees for legal services with another member consistent with the rules of professional conduct adopted pursuant to ORS 9.490. [1961 c.561 §§2,3; 1989 c.1052 §10; 2023 c.72 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.527 - Grounds for disbarment, suspension or reprimand.

The Supreme Court may disbar, suspend or reprimand a member of the bar whenever, upon proper proceedings for that purpose, it appears to the court that:
(1) The member has committed an act or carried on a course of conduct of such nature that, if the member were applying for admission to the bar, the application should be denied;
(2) The member has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States, in any of which cases the record of the conviction shall be conclusive evidence;
(3) The member has willfully disobeyed an order of a court requiring the member to do or forbear an act connected with the legal profession;
(4) The member is guilty of willful deceit or misconduct in the legal profession;
(5) The member is guilty of willful violation of any of the provisions of ORS 9.460 or 9.510;
(6) The member is guilty of gross or repeated negligence or incompetence in the practice of law; or
(7) The member has violated any of the provisions of the rules of professional conduct adopted pursuant to ORS 9.490. [Formerly 9.480; 1989 c.1052 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.528 - Advice on conducting covert operations; participation in covert operations.

(1) Notwithstanding ORS 9.527 (4), the attorneys listed in subsection (2) of this section:
(a) 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 require the use of deceit or misrepresentation; and
(b) May participate in covert activities that are conducted by public bodies, as defined in ORS 192.311, for the purpose of enforcing laws, or in covert activities that are conducted by the federal government for the purpose of enforcing laws, even though the participation may require the use of deceit or misrepresentation.
(2) The provisions of this section apply to the Attorney General, the Deputy Attorney General, assistant attorneys general, district attorneys, deputy district attorneys and any other attorney employed by, or working on behalf of, a public body, as defined in ORS 192.311, or the federal government. [2001 c.667 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 members set forth in ORS 9.005 to 9.757 are not intended to limit or alter the inherent power of the Supreme Court to deny any applicant admission or reinstatement to the bar or to discipline a member of the bar. [1983 c.618 §3; 1997 c.249 §9; 2023 c.72 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 members of the bar, as provided in the bar bylaws and the rules of the Supreme Court. [1983 c.618 §4; 2017 c.524 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.534 - Disciplinary board; procedure before board; oaths; subpoenas; hearing; record.

(1) 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.
(2) A member, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to examine and cross-examine witnesses. The member has the right to appear and testify, and the right to the issuance of subpoenas for attendance of witnesses and the production of books, papers or documents in the defense of the member.
(3) Rules of evidence and discovery in disciplinary proceedings shall be as provided in the rules of procedure.
(4)(a) The disciplinary board has the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the accused member, and the production of books, papers and documents pertaining to the matter before the disciplinary board.
(b) A witness in a disciplinary proceeding who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced by application to any circuit court.
(c) Any member of the disciplinary board may administer oaths or affirmations and issue any subpoena provided for in paragraph (a) of this subsection.
(5) The hearing before the disciplinary board shall be held in the county in which the member charged maintains an office for the practice of law, the county in which the member resides, or the county in which the offense is alleged to have been committed. With the consent of the member, the hearing may be held elsewhere in the state.
(6) A record of all hearings shall be made and preserved by the disciplinary board. [1983 c.618 §5; 2017 c.524 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.536 - Disciplinary board decision; appeal to Supreme Court; review; costs.

(1) 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 final. The procedure for seeking discretionary review and on review shall be as provided in the rules of procedure.
(2) When a matter is before the Supreme Court for review, the court shall consider the matter de novo and may adopt, modify or reject the decision of the disciplinary board in whole or in part and thereupon enter an appropriate order.
(3) The Supreme Court, or the disciplinary board in cases where its decision has become final, may award judgment in any bar proceeding for all or part of a party’s actual and necessary costs and disbursements incurred. The procedures for recovery of such costs and disbursements shall be the same as in civil cases.
(4) The State Court Administrator shall enter any judgment for costs and disbursements in the records of the Supreme Court and shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the member or applicant resides or maintains an office for the practice of law or other business. If a judgment for costs and disbursements is entered against the bar, the State Court Administrator shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the bar maintains its principal place of business. On receipt of a certified copy of the judgment, the clerk of the circuit court shall file it and cause it to be entered in the circuit court register. Such judgment shall thereafter have the same force and effect, may be enforced by execution in the same manner, may be extended in the same manner and, upon payment, shall be satisfied in the same manner as other judgments entered in circuit court. [1983 c.618 §6; 1985 c.540 §25; 1991 c.790 §2; 1997 c.149 §1; 2003 c.192 §4; 2003 c.576 §175]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.537 - Civil immunity of witnesses, bar officials and employees.

(1) Any person who has made a complaint to the bar concerning the conduct of a member, 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.
(2) The Oregon State Bar and its officers, the members of the state professional responsibility board, the board of bar examiners, the board of governors and the disciplinary board, bar counsel, investigators, disciplinary monitors, mentors and employees of the bar are absolutely immune from civil liability in the performance of their duties relative to proposed or pending admission, professional licensing requirements, reinstatement or disciplinary proceedings. [1983 c.618 §7; 2017 c.524 §3; 2023 c.72 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. However, the Supreme Court shall review the decisions of the disciplinary board in all such matters. [1983 c.618 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.542 - Rules for investigation of members and applicants; authority of board of governors to require fingerprints.

(1) 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 members and applicants for admission and reinstatement to the bar, and relating to the conduct of admission, reinstatement and disciplinary proceedings.
(2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the board of governors may require the fingerprints of a person who is applying for admission or reinstatement to the bar or for renewal of a license issued by the bar. [1983 c.618 §9; 2005 c.730 §56; 2023 c.72 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.555 - Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions.

(1) 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.
(2) When the bar is served with summons and complaint in an action in which the bar is named as a defendant, the bar shall give notice to the Attorney General by mailing a copy of the summons and complaint to the Attorney General by certified or registered mail, return receipt requested, within five working days of the date of service on the bar.
(3) The notice provisions of subsections (1) and (2) of this section shall not apply to matters involving admission of any applicant to the bar, discipline or reinstatement of a member of the bar or claims made against a member of the bar for which the professional liability fund of the bar may be obligated to pay money damages under ORS 9.080 (2). [1985 c.446 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.572 - Bar to establish Legal Services Program; director; advisory and technical committees.

(1) 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 poor without charge and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.
(2) The Oregon State Bar shall appoint a director of the Legal Services Program established under this section. The bar shall prescribe the duties of the director and fix the salary of the director.
(3) The Oregon State Bar may establish any advisory or technical committees it deems necessary to advise the bar in establishing and operating the Legal Services Program. [1997 c.801 §73; 2011 c.595 §99]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.576 - Review of providers; mediation; hearing; suspension of funding.

(1) 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 negotiate with the provider in an attempt to bring the program into compliance.
(2) If the director of the Legal Services Program is unable to negotiate satisfactory compliance with the standards and guidelines of the program established by the Oregon State Bar under ORS 9.572, the director shall give the provider 30 days in which to bring the program into compliance. If the director concludes that the program is not in compliance at the end of the 30-day period, the matter shall be submitted to mediation. The director and the provider shall jointly select a mediator. If the director and provider are unable to select a mediator within 15 days after the expiration of the 30-day period, any presiding judge for a judicial district may appoint a mediator upon the petition of the director.
(3) If mediation under subsection (2) of this section fails to produce a resolution of the matter, the director shall give the provider notice that a hearing will be held not sooner than 30 days after the date the notice is given. If, after hearing, the director determines that the provider is not in compliance with the standards and guidelines of the program and that the provider has failed to show satisfactory progress toward achieving compliance, the director shall suspend further funding of the program until such time as the provider makes a showing of compliance. [1997 c.801 §74; 2011 c.595 §100]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [1997 c.801 §75]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [2015 c.2 §4]
Note:
9.582 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 9 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [1967 c.546 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 members caused by dishonest conduct of those members 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 administering the fund. The board may adopt rules of procedure to carry out the plan. The insurance laws of the state shall not apply to this fund. [1967 c.546 §3; 1975 c.641 §10; 1989 c.1052 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.635 - Sources of client security fund.

A client security fund may include:
(1) Transfers by the board of governors from other funds of the state bar;
(2) Voluntary contributions and payments by members under ORS 9.645;
(3) Claims recovered under ORS 9.665; and
(4) Income from investments of the fund. [1967 c.546 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.645 - Annual payment by state bar members.

To establish and maintain a client security fund, the board of governors may require an annual payment by each active member 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 membership fee. [1967 c.546 §5; 1975 c.641 §11; 1979 c.314 §1; 1983 c.122 §1; 1989 c.1052 §25; 1991 c.726 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.655 - Investigation of claim of loss; subpoena.

(1) 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 member whose dishonest conduct caused the loss was an active member of the Oregon State Bar engaged in the practice of law in Oregon at the time of the transaction out of which the claim arose and whether the transaction arose out of the person’s practice of law in Oregon. The board or designated representative shall then determine whether the loss was caused by the person’s dishonest conduct and if the person:
(a) Has been found guilty of a crime arising out of the dishonest conduct;
(b) In the case of a claim of loss of $5,000 or less, has been disbarred, suspended or reprimanded in disciplinary proceedings or has resigned from the bar due to circumstances arising out of the dishonest conduct; or
(c) Is a judgment debtor under the money award portion of a judgment entered in favor of the client in a proceeding arising out of the dishonest conduct, and execution issued on the judgment has been returned uncollected or issuance of execution would be a useless act.
(2) At any time after a claim is filed by a client claiming a pecuniary loss payable from the client security fund, the board or the board’s representative may compel by subpoena the person named in the claim as the member whose dishonest conduct caused the loss, or any other person having knowledge of the matter, to appear for the purpose of giving testimony, and may compel by subpoena the production of records and documents pertinent to the claim. The subpoena shall have the same force and effect as in a civil action in the circuit court, and may be enforced by order of the circuit court for the county in which the person was served. [1967 c.546 §6; 1975 c.641 §12; 1979 c.383 §1; 1989 c.1052 §13; 2003 c.576 §279; 2005 c.347 §4; 2007 c.59 §1; 2023 c.72 §14]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.657 - Immunity from civil liability.

(1) 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 member 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.
(2) The Oregon State Bar, its officers, the members of the client security fund committee, the board of governors, bar counsel, investigators and employees of the bar shall be absolutely immune from civil liability in the performance of their duties relative to client security fund claims or awards. [1989 c.1052 §4; 2021 c.497 §2; 2023 c.72 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.665 - Authority for reimbursement of client; waiver of conditions; subrogation for amount paid.

(1) Except as provided in this section, reimbursement from the client security fund is discretionary with the board of governors.
(2) 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 or special and unusual circumstances. The state bar is subrogated, in the amount that a client’s claim is reimbursed from the client security fund, to all rights and remedies of that client against the member whose dishonest conduct caused the loss, against the estate of the member or against any other person liable for the loss. [1967 c.546 §7; 1989 c.1052 §14; 1991 c.726 §7; 2003 c.14 §10; 2023 c.72 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.675 - Mandatory certification and disclosures for lawyer trust accounts.

(1) An active member of the Oregon State Bar shall certify annually to the bar whether the member maintains any lawyer trust accounts in Oregon. If a member maintains one or more lawyer trust accounts, the member must disclose the financial institution in which each account is held and the account number for each account. The chief executive officer of the bar shall prescribe a form and due date for the certification and disclosures required by this section.
(2) If a member does not file the certification and disclosures required by this section by the due date prescribed under subsection (1) of this section, the chief executive officer shall give the member written notice of default and prescribe a reasonable time to cure the default. The chief executive officer shall send the notice of default to the member at the member’s electronic mail address on file with the bar on the date of the notice of default. The chief executive officer shall send the notice of default by mail to any member who is not required to have an electronic mail address on file with the bar under the rules of procedure. If a member does not file the certification and disclosures required by this section within the time allowed to cure the default as stated in the notice of default, the person’s membership in the bar is automatically suspended. The chief executive officer shall provide the names of all persons suspended under this section to the judges of the circuit courts, the Court of Appeals and the Oregon Tax Court.
(3) A person suspended under this section may be reinstated to membership in the bar only if the person pays all required fees and contributions and complies with all rules of procedure and rules of the Supreme Court relating to reinstatement. [2011 c.304 §2; 2013 c.3 §3; 2017 c.94 §12; 2019 c.248 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.685 - Trust account overdraft notification program.

(1) Subject to the requirements of ORS 9.490, the Supreme Court may establish a trust account overdraft notification program for members.
(2) 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 members of the bar only after those regulations are approved by the Supreme Court. [Formerly 9.132; 2023 c.72 §17]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 member’s estate. [2021 c.497 §10; 2023 c.72 §18]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.695 - Status of files or work premises of member; inadmissibility of evidence subject to search or seizure.

(1) Notwithstanding ORS 133.535, the files, papers, effects or work premises of a member relating to the provision of legal service by the member shall not be subject to search or seizure by any law enforcement officer, either by search warrant or otherwise.
(2) The provisions of subsection (1) of this section do not apply where there is probable cause to believe that the member has committed, is committing or is about to commit a crime.
(3) As used in this section, "member" means a member or associate member of the Oregon State Bar or a person licensed to practice law in any court of this state or any court of record of the United States or of any state, territory or other jurisdiction of the United States.
(4) Evidence or the fruits thereof obtained in violation of this section shall be inadmissible in any criminal or civil action or proceeding, except for an action or suit brought for violation of this section or the rights protected thereby. [1981 c.908 §1; 2023 c.72 §19]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.705 - Definitions for ORS 9.705 to 9.757.

As used in ORS 9.705 to 9.757:
(1) "Affected member" means a member or former member 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.
(2) "Law practice" means a practice conducted by an individual, a partnership or a professional corporation. [1979 c.252 §2; 1985 c.512 §4; 1989 c.1052 §15; 2015 c.6 §1; 2023 c.72 §20]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.710 - Jurisdiction of circuit court over law practice of nonperforming member.

The circuit court of the county in which a member 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 member has died, is disbarred or suspended from the active practice of law, is incarcerated or has abandoned the practice and:
(1) The member failed to make arrangements for the orderly suspension or termination of the law practice of the member; or
(2) A duly appointed personal representative or other person assisting with the suspension or termination of the law practice is unable to adequately protect the interests of the member’s clients. [1979 c.252 §3; 1985 c.512 §5; 1989 c.1052 §16; 2015 c.6 §2; 2023 c.72 §21]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.715 - Petition to take jurisdiction over law practice.

(1) 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 member’s law practice as provided in ORS 9.705 to 9.757.
(2) When an attorney files a petition under subsection (1) of this section, the attorney shall provide notice to the Oregon State Bar. [1979 c.252 §4; 1985 c.512 §6; 1989 c.1052 §17; 1991 c.249 §2; 2015 c.6 §3; 2021 c.497 §3; 2023 c.72 §22]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 member or to protect the public interest, the court may, by appropriate order, immediately take jurisdiction over the law practice of the affected member to the extent the court determines is necessary. The exercise of jurisdiction may extend only to the affected member’s lawyer trust account or may include all legal files, clients’ trust funds, clients’ property and all books, records, funds and property used in the law practice of the affected member. [1979 c.252 §5; 2015 c.6 §4; 2023 c.72 §23]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.725 - Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution.

(1) 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 member. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court may order the bar or the appointed attorney to do one or more of the following:
(a) Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;
(b) Notify persons and entities who appear to be clients of the affected member that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;
(c) Apply for extensions of time pending employment of other counsel by the client;
(d) File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;
(e) Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;
(f) Arrange for the surrender or delivery of clients’ papers or property; and
(g) Do such other acts as the court may direct to carry out the purposes of ORS 9.705 to 9.757.
(2) The court has jurisdiction over that portion of the files, records and property of the affected member for the purposes of ORS 9.705 to 9.757 as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected member, the clients of the affected member and the public.
(3) Any financial institution holding funds in a lawyer trust account of the affected member shall release the funds to the bar or the appointed attorney upon presentment of a copy of the order appointing the custodian. The bar or the appointed attorney shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar or the appointed attorney as provided in ORS 98.302 to 98.436.
(4) The court may not charge a filing fee for filing a petition under ORS 9.715. [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18; 2015 c.6 §6; 2021 c.497 §4; 2023 c.72 §24]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 member or any person assisting in the suspension or termination of the affected member’s practice. The bar or appointed attorney shall serve the copy of the order by regular mail to the last-known address of the affected member in the records of the bar or to a duly appointed fiduciary at the address provided in an official filing. The affected member or assisting person may, within 10 days of the service, request a hearing to challenge the order. After the hearing, the court may vacate or modify the custodianship order as the court finds appropriate. [2015 c.6 §9; 2021 c.497 §5; 2023 c.72 §25]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.730 - Assistance by professional liability fund and other members.

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 member of the bar to assist in the performance of the bar’s duties as custodian. Acts performed by a member of the bar in assisting the custodian do not constitute acceptance of employment by any client of the affected member. [1979 c. 252 §9; 1985 c.512 §8; 1989 c.1052 §19; 2015 c.6 §7; 2023 c.72 §26]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 member or the estate of the affected member. The judgment is a lien upon all nontrust funds, office furnishings, supplies, equipment, library and other personal property used in the law practice of the affected member retroactive to the date of filing of the petition for jurisdiction under ORS 9.705 to 9.757. The judgment lien takes priority over all general unsecured creditors, nonpossessory liens and security interests that were unperfected on the date the court assumed jurisdiction, and may be foreclosed as provided in ORS chapter 87. [1979 c.252 §11; 1985 c.512 §9; 1989 c.1052 §20; 2003 c.576 §225; 2013 c.3 §1; 2015 c.6 §11; 2021 c.497 §6; 2023 c.72 §27]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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. [1979 c.252 §7; 1985 c.512 §10; 1989 c.1052 §21]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 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 member’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. [1979 c.252 §8; 1985 c.512 §11; 1989 c.1052 §22; 2023 c.72 §28]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 009 - Oregon State Bar; Attorneys; Law Libraries › Section 9.750 - Confidentiality of files and records; attorney-client privilege.

Persons examining the files and records of the law practice of an affected member pursuant to ORS 9.705 to 9.757 shall preserve the confidentiality of the information relating to the affected member’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 disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected member was consulted. Communications between the Oregon State Bar or its designees or an attorney appointed as custodian of a law practice under ORS 9.725 and a client of the affected member are subject to the attorney-client privilege to the same extent as it would have applied to communications by or to the affected member. [1979 c.252 §10; 1985 c.512 §12; 1989 c.1052 §23; 2015 c.6 §12; 2021 c.497 §7; 2023 c.72 §29]