Status Changes FAQ





 

Transferring Status


There are several options to choose from if you are no longer going to actively practice law in Oregon. Please refer to OSB Bylaw Article 6: Membership Classification and Fees for information regarding eligibility requirements for each status. All voluntary transfers of status are eligible for reinstatement. The reinstatement process for all status changes is the same. Bar fees are not prorated or refunded; be mindful of this fact when transferring status midyear.

If you think you will need to be active within the same calendar year, switching status is generally not recommended as it will cost you money and time. If you think you will be away from the practice of law in Oregon for longer than one year you should explore the options below.



How do I transfer to inactive status?


Fill out and mail in the Application for Transfer to Inactive Membership Status along with $125 fee payment.

Annual membership fees are $125 and there are no MCLE, IOLTA or PLF obligations associated with this status. You will receive the bar Bulletin. There are no additional fees associated with this transfer and you can request a future effective date within 30 days of the application. There is a space on the form for you to let us know where your client files will be retained, which is for informational purposes as we receive frequent phone calls from clients looking for files. Inactive members do not receive access to Fastcase but can subscribe for a fee by completing and returning the Inactive/Retired Member Fastcase Subscription form or contacting the barís accounting department, extension 305. Between December 1 and January 31, completed transfer forms must be received with payment to complete your status change. If forms or payment are received after January 31, regular active bar fees will apply. Please note that completing the Professional Liability Exemption form DOES NOT transfer your status to inactive.



How do I transfer to retired status?


Fill out and mail in the Application for Transfer to Retired Membership Status along with $125 fee payment.

A member must be over the age of 65 to qualify for this status. Annual membership fees are $125 and there are no MCLE, IOLTA or PLF obligations associated with this status. You will receive the bar Bulletin. There are no additional fees associated with this transfer and you can request a future effective date within 30 days of the application. There is a space on the form for you to let us know where your client files will be retained, which is for informational purposes as we receive frequent phone calls from clients looking for files. Retired members do not receive access to Fastcase but can subscribe for a fee by completing and returning the Inactive/Retired Member Fastcase Subscription form or contacting the bar’s accounting department, extension 305. Between December 1 and January 31, completed transfer forms must be received with payment to complete your status change. If forms or payment are received after January 31, regular active bar fees will apply. Please note that completing the Professional Liability Exemption form DOES NOT transfer your status to retired, and previously declaring yourself retired with the MCLE department DOES NOT automatically transfer your status.



How do I transfer to active pro bono status?


Fill out and mail in the Application for Transfer to Pro Bono Status along with $125 fee payment.

Annual membership fees are $125 and there are no MCLE or IOLTA obligations associated with this status. You will receive the bar Bulletin and access to Fastcase and BarBooks. There are no additional fees associated with this transfer. There are no obligations to complete a certain number of pro bono hours with this status. As an active pro bono member, you may practice law with one of the bar approved organizations certified under Section 13.2 of the bar's bylaws. Between December 1 and January 31, completed transfer forms must be received with payment to complete your status change. If forms or payment are received after January 31, regular active bar fees will apply.



How do I resign?


Fill out and mail in the Form A Resignation Form.

Resignation Form A: If you resign before January 31, no future membership fees will be collected. This status is not permanent. If you decide to return to the active practice of law you may be able to reinstate your membership. You will retain your bar number. The resignation forms are approved by the Oregon Supreme Court. You may not resign Form A if you have a complaint pending with the Client Assistance Office or Disciplinary Counsel’s office. A member who resigns after January 31, and before the final May 2 deadline, will not be suspended for non-payment but any unpaid fees will remain owing and will be collected if the member should seek reinstatement at a later date.




Reinstating


Will I have to take the bar exam again?

If you transferred voluntarily and were in good standing at the time the chances are very slim.

If you have been away from the active practice of law for less than five years, retaking the bar exam is not even a possibility written into the rule. It is not uncommon, however,  for the bar’s board of governors or executive director to request that a member complete CLE credits prior to reinstatement if the member has been away from the practice of law for a number of years.



Which form do I need to fill out to become active again?


If you have been away from the active practice of law in Oregon for less than five years (measured from the effective date of your status transfer), you will need to complete a BR 8.2 reinstatement application.

The 8.2 reinstatement application must be notarized and submitted with a $250 reinstatement fee. You do not need to include a fingerprint card but we will ask for your social security number on the application. The reinstatement process rarely takes longer than two months.


If you have been away from the active practice of law in Oregon for five years or longer, you will need to complete a BR 8.1 reinstatement application.

The reinstatement application must be notarized and submitted with a $500 reinstatement fee and a release form including your social security number. The Oregon Supreme Court must approve all 8.1 reinstatement applications, which means the process generally takes two or three months. In addition, the OSB executive director may recommend the application be reviewed by the Board of Governors before submission to the court, which increases the processing time.




Additional Frequently Asked Questions


How difficult is it to reinstate?

It isn’t difficult at all. The applications are between 3-5 pages and cost $250-500. After you return the completed form with the money, you just sit back and wait. We will contact you just before the application is finalized to collect the balance of the active bar fees for the year. That’s it!



What are the ramifications of voluntarily transferring my status or resigning?

There are none, really. The status changes mentioned on this page are all voluntary, done in good standing.



I have some ethics questions I’d like answered. Who should I talk to?

Please contact General Counsel at the Oregon State Bar.



I have further regulatory questions that aren’t answered here. Who can I call?

Please contact Regulatory Services.



Can I transfer my status after January 31?

Members may transfer their status after January 31, but must pay the full active fees before the transfer will be processed. No refunds of active fees are issued to members who transfer their status after January 31. The deadline to transfer your status and have it affect the membership fee rate is 5:00 p.m. on January 31.