OSB Bulletin Bar Counsel Article Archive

Pivoting Online:
Oregon State Bar Programs Zoom into 2021
By Amber Hollister and Mark A. Turner

A Divergence in Loyalty:
How Lawyers Stumble into Personal-Interest Conflicts
By Nik Chourey

Meeting Prospective Clients:
Understand the Duties that Arise from Consultations
By Sarra Yamin

A Vacation from Ethics?
Rules Still Apply No Matter Where in the World You Are
By Amber Hollister

Coronavirus & Legal Ethics: Part Two
Navigating Pandemic-Related Changes from Your Home Office
By Nik Chourey

Inside the Client Assistance Office:
Here Are Some Common Complaints (and How to Avoid Them)
By Linn D. Davis

Anatomy of a Disciplinary Trial:
What Happens When Lawyers Face a Formal Complaint?
By Mark A. Turner

Coronavirus & Legal Ethics:
What Should You Do if You or a Client is Feeling Ill?
By Amber Hollister

Client Security Fund Report:
OSB Sees an Uptick in Awards in 2019
By Amber Hollister

Settlements and Scams:
Consider the Scope, Be Aware of the Risks
By Amber Hollister and M. Kay Pulju

Lawyer Transitions:
A Pop Quiz
By Amber Hollister

Avoiding Ethical Drama:
Proper Training and Supervision of Non-Lawyer Assistants is Crucial
By Daniel Atkinson

No feature this month

In Praise of Oregon:
Reflecting on Five Years as Disciplinary Counsel
By Dawn Evans

The Adjudicator's First Year:
New Position Guides the OSB's Disciplinary Board
By Mark A. Turner

The Secret to Your Solution:
Frame Your Call to the Ethics Helpline
By Nik Chourey

Mystery Money:
The Ethics of Unclaimed Lawyer Trust Account Funds
By Amber Hollister

Giving and Receiving:
Understand the Rules Governing Referrals and Fees
By Mark Johnson Roberts

Avoid Ethical Landmines:
Proceed With Caution When Exploring Ancillary Business Interests
By Mark Johnson Roberts

An Increase In Claims:
2018 Client Security Fund Annual Report
By Amber Hollister

New Year’s Resolutions:
Don't Be One of These Lawyers
By Mark Johnson Roberts

When Disaster Strikes:
Ethical Obligations for the Worst-Case Scenario
By Amber Hollister

Who Decides?:
The Division of Authority Between Lawyers and Clients
By Amber Hollister

Sashay Away:
When and How to Withdraw from Representation
By Mark Johnson Roberts

Public Comments:
The Ethics of Online Blogging, Posting and Chatting By Lawyers
By Mark Johnson Roberts

Maxims and Rules:
Professional Conduct Requires Civility
By Linn D. Davis

An Indisputable Link:
Connecting Well-Being with Ethical Lawyering
By Mark Johnson Roberts

Let's Talk:
The Brave New World of Lawyer Advertising
By Amber Hollister

Annual Assessment Lowered:
2017 Client Security Fund Annual Report
By Helen Hierschbiel

‘Unbundling’ Legal Services:
New Trial Court Rule Supports Access to Justice
By Mark Johnson Roberts

Pop Quiz:
A Year-End Ethics Audit
By Amber Hollister

Improving System Efficiency:
Bar Discipline Process Changes Jan. 1
By Dawn Evans and Mark Johnson Roberts

On The Horizon:
Proposed Amendments to Rules on Fee-sharing with Lawyer Referral Services
By Amber Hollister

Changed Focus:
Proposed Amendments to Ethics Rules on Soliciting Clients
By Amber Hollister

Reputation Management:
Responding to Negative Online Reviews
By Linn D. Davis

Electronic Competence:
As Technology Advances, So Must a Lawyer's Understanding of It
By Mark Johnson Roberts

Floating in the Cloud:
The Ethics of Electronic Client Files
By Amber Hollister

Difficult Positions:
Working with the Impaired Client
By Mark Johnson Roberts

Well Below Budget:
Security Fund 2016 Report
By Helen Hierschbiel

Pledging Integrity and Civility:
Updating the Lawyer's Oath
By Dawn Evans and Amber Hollister

Pop Quiz:
A Nonpartisan Year-End Ethics Audit
By Amber Hollister

Getting Paid:
The Ethics of Collecting Fees
By Amber Hollister

Not So Impractical:
Ethics Considerations in Limited-Scope Representations
By Mark Johnson Roberts

Conflict Analysis:
A Journey Down the Rabbit Hole
By Amber Hollister

Attacking Bias:
Invidious Harrassment and Discrimination as Professional Misconduct
By Mark Johnson Roberts

Don't Forget to Shut the Screen Door:
Avoiding Conflicts and Retaining Clients
By Amber Hollister

Navigating the Contours:
The Ethics of Pro Bono
By Mark Johnson Roberts

Good Communications:
Keeping Clients and Ethical Obligations Satisfied
By Linn Davis

Exercising Discretion:
The Intersection of Morality and Ethics
By Amber Hollister

2015 Annual Report:
Client Security Fund
By Sylvia E. Stevens

Pop Quiz: A Year-End Ethics Audit
By Amber Hollister

The Wave of the Future?
Alternative Law Practice Business Structures
By Helen Hierschbiel

Ethics in Dangerous Situations:
Responding to Suicidal Clients, Menacing Parties and Threatening Behavior
By Amber Hollister

Ethics Advisory Opinions:
What Are They and How Do I Get One?
By Helen Hierschbiel

Mentoring New Lawyers:
Top Ethics Questions
By Amber Hollister & Emilee Preble

Dreaming of Retirement?:
Plan an Exit Strategy
By Helen Hierschbiel

Tread Carefully:
Crowdfunding Your Law Practice
By Amber Hollister & Beverly Michaelis

Keeping Up With a Changing World:
New Rules of Professional Conduct
By Helen Hierschbiel

A Return to Normal Levels:
Client Security Fund 2014 Annual Report
By Sylvia Stevens

Elder Abuse:
Lawyers' New Mandatory Reporting Requirement
By Amber Hollister

Pop Quiz: A Year-End Ethics Audit
By Amber Hollister

The "Graying" of the Profession:
The Ethical Implications of Aging
By Amber Hollister

Other People's Mistakes:
Dealing with Missteps by Colleagues and Opposing Counsel
By Amber Hollister

Pro Hac Vice:
Out-of-State Lawyers Providing Legal Services in Oregon
By Helen Hierschbiel & Emilee Preble

Mistakes Were Made:
Regaining Your Stride After a Misstep
By Helen Hierschbiel

Too Good to Be True:
The Ethics of Business Transactions With Clients
By Amber Hollister

What's GATS Got to Do With It?
International Trade in Legal Services
By Helen Hierschbiel

Lessons to Pass Along:
Complaints to the Client Assistance Office in 2013
By Scott Morrill

Another Challenging Year:
Client Security Funds 2013 Annual Report
By Sylvia Stevens

Changes of Note:
Recent Amendments to the Rules of Professional Conduct
By Helen Hierschbiel

Pop Quiz: A Year-End Ethics Audit
By Amber Hollister

Ten Years and Counting:
Happy Birthday, Client Assistance Office
By Scott Morrill

The Ethical Pro Bono Lawyer:
Increasing Access to Justice
By Amber Hollister

Safekeeping Funds:
Top 10 Trust Account Questions
By Helen Hierschbiel

Comments, Please:
Proposed Advertising Rule Amendments
By Sylvia Stevens

Think Before You Click:
Aliases, Covert Activity and Social Media Investigations
By Amber Hollister

Lessons to Pass Along:
Complaints About Lawyers in 2012
By Scott Morrill

Enforcing the Rules:
A Look at Lawyer Discipline in Oregon
By Jeff Sapiro

Client Security Fund:
2013 Annual Report
By Sylvia Stevens

Changes of Note:
New Developments in the Rules of Professional Conduct
By Helen Hierschbiel

Vanished Without a Trace: Ethics Implications of the Missing Client, Part II
By Amber Hollister

Lost and Found:
Ethics Implications of the Missing Client, Part I
By Amber Hollister

Lawyers Helping Lawyers: Hypothetically Speaking
By Helen Hierschbiel

Seeking New Horizons:
Ethical Duties When Changing Law Firms
By Amber Hollister

Ill-Gotten Gains:
Rules for Privileged or Purloined Documents
By Helen Hierschbiel

Revealing Bits & Bytes:
Guarding (and Exploiting) Metadata
By Helen Hierschbiel

The Many Faces of UPL:
Protecting the Public from the Unlawful Practice of Law
By Amber Hollister

Complaints About Oregon Lawyers:
2011 Trends from the OSB's Client Assistance Office
By Scott Morrill

Client Security Fund:
2012 Annual Report
By Sylvia Stevens

Asked and Answered:
FAQs of 2011
By Helen Hierschbiel

The Spirit of Giving: Pitfalls of Gift-giving and Free Advice
By Amber Hollister

Alternative Pricing Models: What's in a Fee?
By Helen Hierschbiel

How Much Do I Owe You?:
"New" Guidelines for Fixed and So-called Nonrefundable Fees
By Amber Hollister

Disclosing Client Confidences:
When Doing the "Right" Thing May be the Wrong Thing to Do
By Helen Hierschbiel

Unbundling Legal Services: Limiting the Scope of Representation
By Amber Hollister

Duty of Loyalty: The Many Faces of Mentoring
By Helen Hierschbiel

What Hath the Web Wrought?
Advertising in the Internet Age
By Amber Hollister

Frequently Asked
Questions: Avoiding Contact
with Represented Parties
By Helen Hierschbiel

Client Security Fund:
2010 Annual Report
By Sylvia Stevens

Disbursing Disputed Funds:
Understanding RPC 1.15-1(d)(e)
By Scott Morrill

Multidisciplinary practice: When Wearing Two Hats May Get You Burned
By Helen Hierschbiel

Breaking Up Is Hard to Do: How to End a Relationship, Part II
By Scott Morrill

Tying Up Loose Ends: How to End a Relationship
By Helen Hierschbiel

There Oughtta Be a Rule (But There Isn't)
By Sylvia Stevens

Odds & Ends: Safeguarding Client Information in a Digital World
By Helen Hierschbiel

May We Help You? Ethics Advice Made Easy
By Sylvia Stevens

Scammers Take Aim at Lawyers:
How to Avoid Becoming the Next Victim
By Helen Hierschbiel

Fund of Grace:
Client Security Fund Annual Report
By Sylvia Stevens

Prospective Clients:
Effective Use of RPC 1.18
By Sylvia Stevens

When is Withdrawal Warranted?:
Representing Clients Who File Claims Against You
By Helen Hierschbiel

Conflicts, Part II:
Former Client Conflicts
By Sylvia Stevens

Social Media for Lawyers:
A Word of Caution
By Helen Hierschbiel

Conflicts of Interest:
A Periodic Series, Part 1
By Sylvia Stevens

Pitfalls and Perils:
Working With Loan Modification Agencies
By Helen Hierschbiel

Avoid Serving Two Masters:
Take Care in Accepting Payment From Someone Other Than Your Client
By Sylvia Stevens

Top 10 Myths:
The Duty of Confidentiality
By Helen Hierschbiel

The ABCs of the CSF:
Client Security Fund 2008 Annual Report
By Sylvia E. Stevens

Going Paperless:
Ethical considerations
By Helen Hierschbiel

Broken Record:
Report of the Client Assistance Office
By Chris Mullmann

Cultural Competency:
Is there an ethical duty?
By Sylvia E. Stevens

The Transformation:
When fee disputes become ethical misconduct
By Helen Hierschbiel

Outsourcing Overseas:
Protecting client rights
By Helen Hierschbiel

Trust Accounts and the FDIC:
Protecting client funds in uncertain times
By Sylvia Stevens

Managing the Dual Roles:
The ethics of serving on corporate boards
By Helen Hierschbiel

Trust Account Lessons:
Cautionary Notes
By Sylvia Stevens

Client Information Subpoenas:
Responding, Protecting Client Confidences
By Helen Hierschbiel

What Can You Do?:
When a client repudiates a settlement
By Sylvia Stevens

Ethical Negotiations:
An oxymoron?
By Helen Hierschbiel

Reimbursing Lawyer Thefts:
OSB Client Security Fund 2007 annual report
By Sylvia Stevens

Internet Marketing:
Rules of the road
By Helen Hierschbiel

New Ethics Guidance:
A Roundup of Recent Formal Ethics Opinions From the OSB, the ABA and More
By Sylvia Stevens

Stricter Rules:
Public Lawyers Negotiating For Private Employment
By Helen Hierschbiel

Lawyer as Witness:
Preserving the Distinction Between Advocacy and Evidence
By Helen Hierschbiel

Let's Talk:
The Value of Good Client Communication
By Sylvia Stevens

The Ethics of Unbundling:
How to Avoid the Land Mines of "Discrete Task Representation"
By Helen Hierschbiel

A UPL Conundrum:
Where to Draw the Boundaries on Out-of-State Practice
By Sylvia E. Stevens

On the Move:
Ethical duties when switching law firms
By Helen Hierschbiel

Metadata:
Guarding against the disclosure of embedded information
By Sylvia E. Stevens

Fee Disputes:
Preventable or inevitable?
By Helen Hierschbiel

Work in Progress:
Oregon RPC amendments you should know about
By Sylvia E. Stevens

Who Decides?:
The lawyer, the client or the court?
By Chris Mullmann

Whats in a Name?:
Things to consider before hanging that shingle
By Sylvia E. Stevens

Former Client Conflicts:
Differences without (much) distinction
By Helen Hierschbiel

Matters of Estate:
Ethical considerations for probate practitioners
By Scott Morrill

Do the Right Thing:
The duty required of lawyers receiving inadvertently sent documents
By Chris Mullmann

Waiting for Go Dough:
A primer on disbursing client funds
By Sylvia E. Stevens

Difficult Paradigm:
Are lien rights absolute?
By Helen Hierschbiel

Lessons Learned:
Results from the Client Assistance Office survey
By Scott Morrill

Q & A:
Understanding the OSB Disciplinary Board
By George A. Riemer

Client Files, Revisited:
More light on a topic that wont go away
By Helen Hierschbiel

So You Think…:
Your IOLTA account is safe from identity theft, right?
By Chris Mullmann

Making It Clear:
A better ex parte rule?
By Sylvia Stevens

Exerting Pressure:
Professionalism, ethics rules or just plain common sense
By Scott Morrill

10 Pieces of Advice:
Recent formal ethics opinions from the ABA
By George A. Riemer

Whither Zeal?:
Defining zealous representation
By Sylvia Stevens

Meet the Client:
Considering the duties owed to prospective clients
By Chris Mullmann

Keeping in the Loop:
Communication is the Key
By Helen Hierschbiel

Keeping Secrets:
Disclosing client confidences or secrets in defense of a complaint
By Scott Morrill

Essential Reading:
Top 10 changes in the new Rules of Professional Conduct
By George A. Riemer

Divided Rule:
IOLTA and safeguarding property rule changes
By Sylvia E. Stevens

Organization as Client:
New Rule 1.13 of the approved Oregon Rules of Professional Conduct
By Chris Mullmann

Supervising Nonlawyers:
The watchwords are "train" and "supervise"
By Helen Hierschbiel

Clearing the Error:
DR 5-101(A) revisited
By Scott Morrill

Making Advances:
Things to consider before advancing money to clients
By Sylvia E. Stevens

The Invisible Door:
Confidentiality meets wireless technology
By George A. Riemer

Advertising Update:
Plus, lawyer membership in business referral clubs
By Chris Mullman

Impaired Clients:
Challenging and unique ethical considerations
By Helen Hierschbiel

After The Complaint:
Continuing representation after a client has filed a greivance
By Scott Morrill

The Secrets We Keep:
A review of the duty of confidentiality
By Sylvia E. Stevens

Client Assistance:
A preliminary report
By Chris L. Mullmann

SEC v. State Bars?:
Preemption showdowns could be on the horizon
By George A. Riemer

Things Look Different Here:
House of Delegates approves new disciplinary rules
By Sylvia E. Stevens

The Long Arm of the Law:
Jurisdiction and choice of law in disciplinary proceedings
By George A. Riemer

Changing the Rules:
Rewriting our DRs, Part II
By Sylvia E. Stevens

A Fine Line:
When does giving legal advice become assisting with fraud?
By Sylvia E. Stevens

New DR 1-105:
Written ethics advisory opinions
By George A. Riemer

A Model Approach:
Rewriting our disciplinary rules
By Sylvia E. Stevens

CSF Update 2002:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens

Panacea or Quagmire?
Defining 'the practice of law'
By George A. Riemer

Client Files, Revisited:
What goes in them – and who owns them
By Sylvia E. Stevens

Conscripted Labor:
Can Oregon lawyers be compelled to represent indigents for free?
By George A. Riemer

Joining Forces:
Practicing law in other jurisdiction on a temporary basis
By George A. Riemer

Written Fee Agreements
By Sylvia E. Stevens

Ethics Rules:
Too many, too confusing?
By George A. Riemer

Ethics, Post 9/11:
Federal anti-terrorism regulations raise ethics issues
By Sylvia E. Stevens

New Admission Rule:
Expanding the practice capabilities of corporate lawyers
By George A. Riemer

Discipline Task Force:
What is it? What has it been doing?
By George A. Riemer

DR News:
New (and evolving) developments in the disciplinary rules
By Sylvia E. Stevens

Tri-state Practice:
Charting a course for ethical practice reciprocity admission
By George A. Riemer

CSF Update:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens

Final Reward:
Compensating the lawyer/personal representative
By Sylvia E. Stevens

MJP Update:
A survey of developments in multijurisdictional practice
By George A. Riemer

Making Contact:
The rules for contacting employees
By Sylvia E. Stevens

Officers of the Court:
What does it mean?
By George A. Riemer

Blind Justice Awards:
(You may want to look the other way)
By Sylvia E. Stevens

Limited Practices:
Is there a 'federal law only' exception?
By George Riemer

A New Requirement:
MCLE Rule 3.3, and what it means to you
By Sylvia E. Stevens

Tri-State Reciprocity:
It is possible it will become a reality
By George A. Riemer

Full Disclosure:
What it is, and isn't
By Sylvia E. Stevens

Telephone Ethics Assistance:
What it is, what it isn't, and other resources
By George Riemer

CSF Update:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens

Money Troubles:
What to do with unearned fees
By Sylvia E. Stevens

Stock for Fees?:
Guidance for ownership interests in clients
By George Riemer

The 'Pushmi-Pullyu':
Resolving third-party claims to client funds
By Sylvia E. Stevens

Charge It?:
Credit cards and lawyer trust accounts
By George A. Riemer

Multidisciplinary Practice:
Hither Oregon?
By George A. Riemer