NEW DR 1-105

New Disciplinary Rule 1-105 provides as follows:

DR 1 Maintaining the Integrity and Competence of the Legal Profession

* * *

DR 1-105 Written Advisory Opinions on Professional Conduct; Consideration Given in Disciplinary Proceedings

(A) The Oregon State Bar Board of Governors may issue formal written advisory opinions on questions under this code. The Oregon State Bar Legal Ethics Committee and General Counsel may also issue informal written advisory opinions on questions under this code. The General Counsel’s Office of the Oregon State Bar shall maintain records of both OSB formal and informal ethics opinions and shall make copies of each available to the Oregon Supreme Court, Disciplinary Board, State Professional Responsibility Board, and Disciplinary Counsel. The General Counsel’s Office may also disseminate the bar’s advisory opinions as it deems appropriate to its role in educating lawyers about this code.

(B) In considering alleged violations of this code, the Disciplinary Board and Oregon Supreme Court may consider any lawyer’s good faith effort to comply with an opinion issued under subsection (A) of this rule as

(1) a showing of the lawyer’s good faith effort to comply with this code; and

(2) a basis for mitigation of any sanction that may be imposed if the lawyer is found to be in violation of this code.

(C) This rule is not intended to, and does not, preclude the Disciplinary Board or the Oregon Supreme Court from considering any other evidence of either good faith or basis for mitigation in a bar disciplinary proceeding.