OSB Bulletin Bar Counsel Article Archive
2023
-
February/March
Client Security Fund Report:
The 2022 Numbers Are Explained
By Courtney Dippel -
January
New Year, New Rules:
Major Changes to Oregon's Reinstatement Rules
By Ankur Doshi and Troy Wood
2022
-
December
Other People's Money:
Safety Tips for Handling Client Funds
By Daniel Atkinson -
November
The Implications of RPC 1.9:
Being Thankful for Our Former and Future Clients
By Ankur Doshi -
August/September
Death Is Not the End:
Addressing Ethical Issues After the Death of a Client
By Linn Davis -
July
Ethics Focus:
Common Questions and Bar Responses for Public Defenders and 'Attorneys-of-Record' By Nik Chourey -
June
Client as a Witness:
Unpacking Complex Potential Conflicts in 3 Civil Scenarios
By Ankur Doshi -
May
Avoiding Discipline:
Understand Earned-on-Receipt Agreements; Cooperate with Investigations
By Mark A. Turner -
April
Current-Client Considerations:
Ethical (and Emotional) Examinations for a Professional Transition
By Nik Chourey -
February/March
Client Security Fund Report:
2021 Flips Recent Upward Trend
By Courtney Dippel -
January
Can You Accept Cryptocurrency?
Volatility, Uncertainty Keep the Lines Blurred
By Ankur Doshi
2021
-
December
When a Report Is Mandatory:
Attorney as Bar Complainant
By Sarra Yamin -
November
Strictly Confidential:
Do Not Treat 'Privileged' and 'Confidential' Interchangeably
By Daniel P. Atkinson -
August/September
Back to School:
Ethics Issues Remain Pervasive; Stay Informed
By Mark A. Turner -
July
The Ethics of Lawyer Ads:
Common Sense Public Protection and Access to Justice By Nik Chourey -
June
Avoid the Discipline Pages:
Understand These Common Ways of Running Afoul of the Rules
By Mark A. Turner -
May
Oldies, But Goodies:
Top 5 Bar Counsel Articles: Bar Counsel Guidance Endures
By Nik Chourey -
April
Client Security Fund Report:
OSB Sees Continuing Upward Trend in Claims
By Amber Hollister -
February/March
Ethics Abroad:
Tips for Remote Lawyering Outside of Oregon
By Nik Chourey and Amber Hollister -
January
Pivoting Online:
Oregon State Bar Programs Zoom into 2021
By Amber Hollister and Mark A. Turner
2020
-
December
A Divergence in Loyalty:
How Lawyers Stumble into Personal-Interest Conflicts
By Nik Chourey -
November
Meeting Prospective Clients:
Understand the Duties that Arise from Consultations
By Sarra Yamin -
August/September
A Vacation from Ethics?
Rules Still Apply No Matter Where in the World You Are
By Amber Hollister -
July
Coronavirus & Legal Ethics: Part Two
Navigating Pandemic-Related Changes from Your Home Office
By Nik Chourey -
June
Inside the Client Assistance Office:
Here Are Some Common Complaints (and How to Avoid Them)
By Linn D. Davis -
May
Anatomy of a Disciplinary Trial:
What Happens When Lawyers Face a Formal Complaint?
By Mark A. Turner -
April
Coronavirus & Legal Ethics:
What Should You Do if You or a Client is Feeling Ill?
By Amber Hollister -
February/March
Client Security Fund Report:
OSB Sees an Uptick in Awards in 2019
By Amber Hollister -
January
Settlements and Scams:
Consider the Scope, Be Aware of the Risks
By Amber Hollister and M. Kay Pulju
2019
-
December
Lawyer Transitions:
A Pop Quiz
By Amber Hollister -
November
Avoiding Ethical Drama:
Proper Training and Supervision of Non-Lawyer Assistants is Crucial
By Daniel Atkinson -
October
No feature this month
-
August/September
In Praise of Oregon:
Reflecting on Five Years as Disciplinary Counsel
By Dawn Evans -
July
The Adjudicator's First Year:
New Position Guides the OSB's Disciplinary Board
By Mark A. Turner -
June
The Secret to Your Solution:
Frame Your Call to the Ethics Helpline
By Nik Chourey -
May
Mystery Money:
The Ethics of Unclaimed Lawyer Trust Account Funds
By Amber Hollister -
April
Giving and Receiving:
Understand the Rules Governing Referrals and Fees
By Mark Johnson Roberts -
February/March
Avoid Ethical Landmines:
Proceed With Caution When Exploring Ancillary Business Interests
By Mark Johnson Roberts -
January
An Increase In Claims:
2018 Client Security Fund Annual Report
By Amber Hollister
2018
-
December
New Year’s Resolutions:
Don't Be One of These Lawyers
By Mark Johnson Roberts -
November
When Disaster Strikes:
Ethical Obligations for the Worst-Case Scenario
By Amber Hollister -
October
Who Decides?:
The Division of Authority Between Lawyers and Clients
By Amber Hollister -
August/September
Sashay Away:
When and How to Withdraw from Representation
By Mark Johnson Roberts -
July
Public Comments:
The Ethics of Online Blogging, Posting and Chatting By Lawyers
By Mark Johnson Roberts -
June
Maxims and Rules:
Professional Conduct Requires Civility
By Linn D. Davis -
May
An Indisputable Link:
Connecting Well-Being with Ethical Lawyering
By Mark Johnson Roberts -
April
Let's Talk:
The Brave New World of Lawyer Advertising
By Amber Hollister -
February/March
Annual Assessment Lowered:
2017 Client Security Fund Annual Report
By Helen Hierschbiel -
January
‘Unbundling’ Legal Services:
New Trial Court Rule Supports Access to Justice
By Mark Johnson Roberts
2017
-
December
Pop Quiz:
A Year-End Ethics Audit
By Amber Hollister -
November
Improving System Efficiency:
Bar Discipline Process Changes Jan. 1
By Dawn Evans and Mark Johnson Roberts -
October
On The Horizon:
Proposed Amendments to Rules on Fee-sharing with Lawyer Referral Services
By Amber Hollister -
August/September
Changed Focus:
Proposed Amendments to Ethics Rules on Soliciting Clients
By Amber Hollister -
July
Reputation Management:
Responding to Negative Online Reviews
By Linn D. Davis -
June
Electronic Competence:
As Technology Advances, So Must a Lawyer's Understanding of It
By Mark Johnson Roberts -
May
Floating in the Cloud:
The Ethics of Electronic Client Files
By Amber Hollister -
April
Difficult Positions:
Working with the Impaired Client
By Mark Johnson Roberts -
February/March
Well Below Budget:
Security Fund 2016 Report
By Helen Hierschbiel -
January
Pledging Integrity and Civility:
Updating the Lawyer's Oath
By Dawn Evans and Amber Hollister
2016
-
December
Pop Quiz:
A Nonpartisan Year-End Ethics Audit
By Amber Hollister -
November
Getting Paid:
The Ethics of Collecting Fees
By Amber Hollister -
October
Not So Impractical:
Ethics Considerations in Limited-Scope Representations
By Mark Johnson Roberts -
August/September
Conflict Analysis:
A Journey Down the Rabbit Hole
By Amber Hollister -
July
Attacking Bias:
Invidious Harrassment and Discrimination as Professional Misconduct
By Mark Johnson Roberts -
June
Don't Forget to Shut the Screen Door:
Avoiding Conflicts and Retaining Clients
By Amber Hollister -
May
Navigating the Contours:
The Ethics of Pro Bono
By Mark Johnson Roberts -
April
Good Communications:
Keeping Clients and Ethical Obligations Satisfied
By Linn Davis -
February/March
Exercising Discretion:
The Intersection of Morality and Ethics
By Amber Hollister -
January
2015 Annual Report:
Client Security Fund
By Sylvia E. Stevens
2015
-
December
Pop Quiz: A Year-End Ethics Audit
By Amber Hollister -
November
The Wave of the Future?
Alternative Law Practice Business Structures
By Helen Hierschbiel -
October
Ethics in Dangerous Situations:
Responding to Suicidal Clients, Menacing Parties and Threatening Behavior
By Amber Hollister -
August/September
Ethics Advisory Opinions:
What Are They and How Do I Get One?
By Helen Hierschbiel -
July
Mentoring New Lawyers:
Top Ethics Questions
By Amber Hollister & Emilee Preble -
June
Dreaming of Retirement?:
Plan an Exit Strategy
By Helen Hierschbiel -
May
Tread Carefully:
Crowdfunding Your Law Practice
By Amber Hollister & Beverly Michaelis -
April
Keeping Up With a Changing World:
New Rules of Professional Conduct
By Helen Hierschbiel -
February/March
A Return to Normal Levels:
Client Security Fund 2014 Annual Report
By Sylvia Stevens -
January
Elder Abuse:
Lawyers' New Mandatory Reporting Requirement
By Amber Hollister
2014
-
December
Pop Quiz: A Year-End Ethics Audit
By Amber Hollister -
November
The "Graying" of the Profession:
The Ethical Implications of Aging
By Amber Hollister -
October
Other People's Mistakes:
Dealing with Missteps by Colleagues and Opposing Counsel
By Amber Hollister -
August/September
Pro Hac Vice:
Out-of-State Lawyers Providing Legal Services in Oregon
By Helen Hierschbiel & Emilee Preble -
July
Mistakes Were Made:
Regaining Your Stride After a Misstep
By Helen Hierschbiel -
June
Too Good to Be True:
The Ethics of Business Transactions With Clients
By Amber Hollister -
May
What's GATS Got to Do With It?
International Trade in Legal Services
By Helen Hierschbiel -
April
Lessons to Pass Along:
Complaints to the Client Assistance Office in 2013
By Scott Morrill -
February/March
Another Challenging Year:
Client Security Funds 2013 Annual Report
By Sylvia Stevens -
January
Changes of Note:
Recent Amendments to the Rules of Professional Conduct
By Helen Hierschbiel
2013
-
December
Pop Quiz: A Year-End Ethics Audit
By Amber Hollister -
November
Ten Years and Counting:
Happy Birthday, Client Assistance Office
By Scott Morrill -
October
The Ethical Pro Bono Lawyer:
Increasing Access to Justice
By Amber Hollister -
August/September
Safekeeping Funds:
Top 10 Trust Account Questions
By Helen Hierschbiel -
July
Comments, Please:
Proposed Advertising Rule Amendments
By Sylvia Stevens -
June
Think Before You Click:
Aliases, Covert Activity and Social Media Investigations
By Amber Hollister -
May
Lessons to Pass Along:
Complaints About Lawyers in 2012
By Scott Morrill -
April
Enforcing the Rules:
A Look at Lawyer Discipline in Oregon
By Jeff Sapiro -
February/March
Client Security Fund:
2013 Annual Report
By Sylvia Stevens -
January
Changes of Note:
New Developments in the Rules of Professional Conduct
By Helen Hierschbiel
2012
-
December
Vanished Without a Trace: Ethics Implications of the Missing Client, Part II
By Amber Hollister -
November
Lost and Found:
Ethics Implications of the Missing Client, Part I
By Amber Hollister -
October
Lawyers Helping Lawyers: Hypothetically Speaking
By Helen Hierschbiel -
August/September
Seeking New Horizons:
Ethical Duties When Changing Law Firms
By Amber Hollister -
July
Ill-Gotten Gains:
Rules for Privileged or Purloined Documents
By Helen Hierschbiel -
June
Revealing Bits & Bytes:
Guarding (and Exploiting) Metadata
By Helen Hierschbiel -
May
The Many Faces of UPL:
Protecting the Public from the Unlawful Practice of Law
By Amber Hollister -
April
Complaints About Oregon Lawyers:
2011 Trends from the OSB's Client Assistance Office
By Scott Morrill -
February/March
Client Security Fund:
2012 Annual Report
By Sylvia Stevens -
January
Asked and Answered:
FAQs of 2011
By Helen Hierschbiel
2011
-
December
The Spirit of Giving: Pitfalls of Gift-giving and Free Advice
By Amber Hollister -
November
Alternative Pricing Models: What's in a Fee?
By Helen Hierschbiel -
October
How Much Do I Owe You?:
"New" Guidelines for Fixed and So-called Nonrefundable Fees
By Amber Hollister -
August/September
Disclosing Client Confidences:
When Doing the "Right" Thing May be the Wrong Thing to Do
By Helen Hierschbiel -
July
Unbundling Legal Services: Limiting the Scope of Representation
By Amber Hollister -
June
Duty of Loyalty: The Many Faces of Mentoring
By Helen Hierschbiel -
May
What Hath the Web Wrought?
Advertising in the Internet Age
By Amber Hollister -
April
Frequently Asked
Questions: Avoiding Contact
with Represented Parties
By Helen Hierschbiel -
February/March
Client Security Fund:
2010 Annual Report
By Sylvia Stevens -
January
Disbursing Disputed Funds:
Understanding RPC 1.15-1(d)(e)
By Scott Morrill
2010
-
December
Multidisciplinary practice: When Wearing Two Hats May Get You Burned
By Helen Hierschbiel -
November
Breaking Up Is Hard to Do: How to End a Relationship, Part II
By Scott Morrill -
October
Tying Up Loose Ends: How to End a Relationship
By Helen Hierschbiel -
August/September
There Oughtta Be a Rule (But There Isn't)
By Sylvia Stevens -
July
Odds & Ends: Safeguarding Client Information in a Digital World
By Helen Hierschbiel -
June
May We Help You? Ethics Advice Made Easy
By Sylvia Stevens -
May
Scammers Take Aim at Lawyers:
How to Avoid Becoming the Next Victim
By Helen Hierschbiel -
April
Fund of Grace:
Client Security Fund Annual Report
By Sylvia Stevens -
February/March
Prospective Clients:
Effective Use of RPC 1.18
By Sylvia Stevens -
January
When is Withdrawal Warranted?:
Representing Clients Who File Claims Against You
By Helen Hierschbiel
2009
-
December
Conflicts, Part II:
Former Client Conflicts
By Sylvia Stevens -
November
Social Media for Lawyers:
A Word of Caution
By Helen Hierschbiel -
October
Conflicts of Interest:
A Periodic Series, Part 1
By Sylvia Stevens -
August/September
Pitfalls and Perils:
Working With Loan Modification Agencies
By Helen Hierschbiel -
July
Avoid Serving Two Masters:
Take Care in Accepting Payment From Someone Other Than Your Client
By Sylvia Stevens -
June
Top 10 Myths:
The Duty of Confidentiality
By Helen Hierschbiel -
May
The ABCs of the CSF:
Client Security Fund 2008 Annual Report
By Sylvia E. Stevens -
April
Going Paperless:
Ethical considerations
By Helen Hierschbiel -
February/March
Broken Record:
Report of the Client Assistance Office
By Chris Mullmann -
January
Cultural Competency:
Is there an ethical duty?
By Sylvia E. Stevens
2008
-
December
The Transformation:
When fee disputes become ethical misconduct
By Helen Hierschbiel -
November
Outsourcing Overseas:
Protecting client rights
By Helen Hierschbiel -
October
Trust Accounts and the FDIC:
Protecting client funds in uncertain times
By Sylvia Stevens -
August/September
Managing the Dual Roles:
The ethics of serving on corporate boards
By Helen Hierschbiel -
July
Trust Account Lessons:
Cautionary Notes
By Sylvia Stevens -
June
Client Information Subpoenas:
Responding, Protecting Client Confidences
By Helen Hierschbiel -
May
What Can You Do?:
When a client repudiates a settlement
By Sylvia Stevens -
April
Ethical Negotiations:
An oxymoron?
By Helen Hierschbiel -
February/March
Reimbursing Lawyer Thefts:
OSB Client Security Fund 2007 annual report
By Sylvia Stevens -
January
Internet Marketing:
Rules of the road
By Helen Hierschbiel
2007
-
December
New Ethics Guidance:
A Roundup of Recent Formal Ethics Opinions From the OSB, the ABA and More
By Sylvia Stevens -
November
Stricter Rules:
Public Lawyers Negotiating For Private Employment
By Helen Hierschbiel -
October
Lawyer as Witness:
Preserving the Distinction Between Advocacy and Evidence
By Helen Hierschbiel -
August/September
Let's Talk:
The Value of Good Client Communication
By Sylvia Stevens -
July
The Ethics of Unbundling:
How to Avoid the Land Mines of "Discrete Task Representation"
By Helen Hierschbiel -
June
A UPL Conundrum:
Where to Draw the Boundaries on Out-of-State Practice
By Sylvia E. Stevens -
May
On the Move:
Ethical duties when switching law firms
By Helen Hierschbiel -
April
Metadata:
Guarding against the disclosure of embedded information
By Sylvia E. Stevens -
February/March
Fee Disputes:
Preventable or inevitable?
By Helen Hierschbiel -
January
Work in Progress:
Oregon RPC amendments you should know about
By Sylvia E. Stevens
2006
-
December
Who Decides?:
The lawyer, the client or the court?
By Chris Mullmann -
November
Whats in a Name?:
Things to consider before hanging that shingle
By Sylvia E. Stevens -
October
Former Client Conflicts:
Differences without (much) distinction
By Helen Hierschbiel -
August/September
Matters of Estate:
Ethical considerations for probate practitioners
By Scott Morrill -
July
Do the Right Thing:
The duty required of lawyers receiving inadvertently sent documents
By Chris Mullmann -
June
Waiting for Go Dough:
A primer on disbursing client funds
By Sylvia E. Stevens -
May
Difficult Paradigm:
Are lien rights absolute?
By Helen Hierschbiel -
April
Lessons Learned:
Results from the Client Assistance Office survey
By Scott Morrill -
February/March
Q & A:
Understanding the OSB Disciplinary Board
By George A. Riemer -
January
Client Files, Revisited:
More light on a topic that wont go away
By Helen Hierschbiel
2005
-
December
So You Think…:
Your IOLTA account is safe from identity theft, right?
By Chris Mullmann -
November
Making It Clear:
A better ex parte rule?
By Sylvia Stevens -
October
Exerting Pressure:
Professionalism, ethics rules or just plain common sense
By Scott Morrill -
August/September
10 Pieces of Advice:
Recent formal ethics opinions from the ABA
By George A. Riemer -
July
Whither Zeal?:
Defining zealous representation
By Sylvia Stevens -
June
Meet the Client:
Considering the duties owed to prospective clients
By Chris Mullmann -
May
Keeping in the Loop:
Communication is the Key
By Helen Hierschbiel -
April
Keeping Secrets:
Disclosing client confidences or secrets in defense of a complaint
By Scott Morrill -
February/March
Essential Reading:
Top 10 changes in the new Rules of Professional Conduct
By George A. Riemer -
January
Divided Rule:
IOLTA and safeguarding property rule changes
By Sylvia E. Stevens
2004
-
December
Organization as Client:
New Rule 1.13 of the approved Oregon Rules of Professional Conduct
By Chris Mullmann -
November
Supervising Nonlawyers:
The watchwords are "train" and "supervise"
By Helen Hierschbiel -
October
Clearing the Error:
DR 5-101(A) revisited
By Scott Morrill -
August/September
Making Advances:
Things to consider before advancing money to clients
By Sylvia E. Stevens -
July
The Invisible Door:
Confidentiality meets wireless technology
By George A. Riemer -
June
Advertising Update:
Plus, lawyer membership in business referral clubs
By Chris Mullman -
May
Impaired Clients:
Challenging and unique ethical considerations
By Helen Hierschbiel -
April
After The Complaint:
Continuing representation after a client has filed a greivance
By Scott Morrill -
February/March
The Secrets We Keep:
A review of the duty of confidentiality
By Sylvia E. Stevens -
January
Client Assistance:
A preliminary report
By Chris L. Mullmann
2003
-
December
SEC v. State Bars?:
Preemption showdowns could be on the horizon
By George A. Riemer -
November
Things Look Different Here:
House of Delegates approves new disciplinary rules
By Sylvia E. Stevens -
October
The Long Arm of the Law:
Jurisdiction and choice of law in disciplinary proceedings
By George A. Riemer -
August/September
Changing the Rules:
Rewriting our DRs, Part II
By Sylvia E. Stevens -
July
A Fine Line:
When does giving legal advice become assisting with fraud?
By Sylvia E. Stevens -
June
New DR 1-105:
Written ethics advisory opinions
By George A. Riemer -
May
A Model Approach:
Rewriting our disciplinary rules
By Sylvia E. Stevens -
April
CSF Update 2002:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens -
February/March
Panacea or Quagmire?
Defining 'the practice of law'
By George A. Riemer -
January
Client Files, Revisited:
What goes in them – and who owns them
By Sylvia E. Stevens
2002
-
December
Conscripted Labor:
Can Oregon lawyers be compelled to represent indigents for free?
By George A. Riemer -
November
Joining Forces:
Practicing law in other jurisdiction on a temporary basis
By George A. Riemer -
October
Written Fee Agreements
By Sylvia E. Stevens -
August/September
Ethics Rules:
Too many, too confusing?
By George A. Riemer -
July
Ethics, Post 9/11:
Federal anti-terrorism regulations raise ethics issues
By Sylvia E. Stevens -
June
New Admission Rule:
Expanding the practice capabilities of corporate lawyers
By George A. Riemer -
May
Discipline Task Force:
What is it? What has it been doing?
By George A. Riemer -
April
DR News:
New (and evolving) developments in the disciplinary rules
By Sylvia E. Stevens -
February/March
Tri-state Practice:
Charting a course for ethical practice reciprocity admission
By George A. Riemer -
January
CSF Update:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens
2001
-
December
Final Reward:
Compensating the lawyer/personal representative
By Sylvia E. Stevens -
November
MJP Update:
A survey of developments in multijurisdictional practice
By George A. Riemer -
October
Making Contact:
The rules for contacting employees
By Sylvia E. Stevens -
August/September
Officers of the Court:
What does it mean?
By George A. Riemer -
July
Blind Justice Awards:
(You may want to look the other way)
By Sylvia E. Stevens -
June
Limited Practices:
Is there a 'federal law only' exception?
By George Riemer -
May
A New Requirement:
MCLE Rule 3.3, and what it means to you
By Sylvia E. Stevens -
April
Tri-State Reciprocity:
It is possible it will become a reality
By George A. Riemer -
February/March
Full Disclosure:
What it is, and isn't
By Sylvia E. Stevens -
January
Telephone Ethics Assistance:
What it is, what it isn't, and other resources
By George Riemer
2000
-
December
CSF Update:
The annual report of the OSB Client Security Fund
By Sylvia E. Stevens -
November
Money Troubles:
What to do with unearned fees
By Sylvia E. Stevens -
October
Stock for Fees?:
Guidance for ownership interests in clients
By George Riemer -
August/September
The 'Pushmi-Pullyu':
Resolving third-party claims to client funds
By Sylvia E. Stevens -
July
Charge It?:
Credit cards and lawyer trust accounts
By George A. Riemer -
June
Multidisciplinary Practice:
Hither Oregon?
By George A. Riemer