Formal Ethics Opinion Library – Table of Contents
In September 2005, the Board of Governors approved the issuance of Formal Ethics Opinions 2005-1 through 2005-175 to replace the previous Formal Ethics Opinions issued between 1991 and 2004. For the most part, the opinions are identical in substance to their predecessor counterparts, but with citations and references to conform to the Oregon Rules of Professional Conduct that became effective January 1, 2005. Citations to newer case law and other interpretative authorities, including the ABA Model Rules, have also been added.
With the issuance of these 2005 opinions, the Board of Governors has withdrawn the prior opinions as formal authorities. It is recognized, however, that the 1991 through 2004 opinions may be of value in analyzing professional conduct that occurred before the effective date of the Oregon RPCs and the issuance of the new opinions is not meant to suggest that the prior opinions were incorrect or inadequate in their interpretation of the former Oregon Code of Professional Responsibility.
- 2005-1: Withdrawal from Litigation: Unpaid Fees
- 2005-2: Information about Legal Services: Cross-Referrals, Office Sharing with Nonlawyer [Revised 2021]
- 2005-3: Information about Legal Services: Disseminating Information through the Media or through Speeches [Revised 2021]
- 2005-4: Conflicts of Interest, Current Clients: Advancement of Living Expenses, Bail, and Travel Expenses to Client [Revised 2015]
- 2005-5: Fraudulent or Dishonest Conduct: Unwitnessed and Telephonic Notarization
- 2005-6: Communicating with Represented Persons
- 2005-7: Lawyer as State Legislator: Lobbying on a Client's Behalf [Revised 2014]
- 2005-8: Lawyer as Witness
- 2005-9: Communicating with Jurors after Trial [Superseded And Replaced By OSB Formal Ethics Op No 2005-143]
- 2005-10: Conflicts of Interest, Current Clients: Lawyer Has Other Business
- 2005-11: Conflicts of Interest, Former Clients: Matter-Specific Conflicts
- 2005-12: Firm Names: Office Sharing with Separate Practices [Revised 2015]
- 2005-13: Fee Agreements: Contingent Fees, Domestic Relations
- 2005-14: Deputy District Attorneys Representing Private Parties
- 2005-15: Fee Agreements: Contingent Fees Paid in Installments
- 2005-16: Communicating with Unrepresented Persons
- 2005-17: Conflicts of Interest, Former Clients: Use of Confidential Information
- 2005-18: Competence and Diligence: Buying Up Client's Bad Checks
- 2005-19: Dishonesty, Misrepresentation, and Representation within the Bounds of the Law: Seeking Duplicate Damages
- 2005-20: Unauthorized Practice of Law: Assisting Nonlawyers
- 2005-21: Frivolous Litigation: Affirmative Defenses
- 2005-22: Conflicts of Interest, Current Clients: Avoiding Influence by Others
- 2005-23: Information Relating to the Representation of a Client: Retired and Former Lawyer [Revised 2014]
- 2005-24: Unauthorized Practice of Law: Employing and Compensating Nonlawyers and Disbarred and Suspended Lawyers
- 2005-25: Fee Agreements: Suspended and Disbarred Lawyers, Fees and Division of Fees [Revised 2022]
- 2005-26: Lawyer-Client Relationship: Endorsing Check on Client's Behalf, Lawyer as Agent
- 2005-27: Conflicts of Interest, Current Clients: Representation of Trade Association and Its Members
- 2005-28: Conflicts of Interest, Current and Former Clients: Representing Both Sides in Adoption
- 2005-29: Law Partnerships: Covenants Not to Compete
- 2005-30: Conflicts of Interest, Current Clients: Simultaneous Representation of Insurer and Insured [Revised 2016]
- 2005-31: Information about Legal Services: Improper Use of Titles [Revised 2015]
- 2005-32: Conflicts of Interest, Current Clients: Limiting Business Relations with Client
- 2005-33: Conflicts of Interest, Current Clients: Withdrawal When Client Not Found
- 2005-34: Information Relating to the Representation of a Client: Client Perjury
- 2005-35: Information about Legal Services: Greeting Cards and Open House [Revised 2018]
- 2005-36: Lawyer Campaigning for Judicial Office
- 2005-37: Conflicts of Interest, Current Clients: Issuers and Underwriters of Bonds
- 2005-38: Lawyer Campaigning for Others in Elections
- 2005-39: Lawyer as Pro Tem Judge [Revised 2014]
- 2005-40: Conflicts of Interest, Current Clients: Representing Debtor and One or More Creditors in Bankruptcy
- 2005-41: Competence and Diligence: Client with Diminished Capacity
- 2005-42: Communicating with Unrepresented Persons: Prospective Defendant
- 2005-43: Client Property: Preserving Will When Former Client Not Found
- 2005-44: Conflicts of Interest, Current Clients: Part-Time Nonlawyer Employees
- 2005-45: Fee Agreements: Client to Pay More If Finances Change
- 2005-46: Conflicts of Interests, Current Clients: "Who Is the Client," Group Legal-Assistance Plan
- 2005-47: Settlement Including Promise Not to Sue Again
- 2005-48: Trust Accounts: Unclaimed Client Funds in Trust [Revised 2010]
- 2005-49: Disclosure of Entity Status [Withdrawn 2015]
- 2005-50: Conflicts of Interest, Current Clients: Office Sharers Representing Opposing Parties [Revised 2014]
- 2005-51: Conflicts of Interest, Current Clients: Lawyer Membership in Trade Association Represented by Lawyer [Revised 2021]
- 2005-52: Client Funds: Obligation of Lawyer to Client Creditors and PIP Carrier
- 2005-53: Duty Not to Assist in Fraudulent Behavior
- 2005-54: Fee Agreements: Contingent to Hourly Fee When Client Rejects Settlement Offer
- 2005-55: Lawyer as Escrow Agent [Revised 2014]
- 2005-56: Impartiality: Gifts to Judges
- 2005-57: Conflicts of Interest, Current Clients: Government Lawyers, Support Enforcement Division
- 2005-58: Information about Legal Services: Publicizing Lawyer's Relationship to Independent Business [Revised 2014]
- 2005-59: Frivolous Litigation: Joinder of Defendants
- 2005-60: Lawyer Changing Firms: Duty to Retain or Surrender Client Property
- 2005-61: Conflicts of Interest, Current Clients: Malpractice, Failure to Timely File, Settlement between Lawyer and Client
- 2005-62: Conflicts of Interest, Current and Former Clients: Representation of Original and Successor Personal Representatives
- 2005-63: Fee Agreements: Interim Payment to Lawyer before Probate Completed [Revised 2021]
- 2005-64: Statements of Opinion Concerning Judge's Competence
- 2005-65: Listing of Nonlawyer Personnel on Firm Letterhead [Revised 2015]
- 2005-66: Conflicts of Interest, Current Clients: Legal Aid Society
- 2005-67: Conflicts of Interest, Current and Former Clients: County Counsel
- 2005-68: Trust Accounts: Claims of Two or More Persons [Revised 2016]
- 2005-69: Fee Agreements: Dividing Court-Awarded Fees with Nonlawyer
- 2005-70: Lawyer Changing Firms: Duty of Loyalty [Revised 2015]
- 2005-71: Ex Parte Contact with Judge [Withdrawn]
- 2005-72: Conflicts of Interest, Current Clients: Creditor of Seller vs. Buyer
- 2005-73: Information about Legal Services: Acceptance of Referrals [Revised 2021]
- 2005-74: Electronic Recording of In-Person Conferences or Telephone Conversations without Notice or Consent of All Participants [Superseded And Replaced By OSB Formal Ethics Op No 2005-156]
- 2005-75: Financial Relations between Lawyer and Judge
- 2005-76: Lawyer's Duty to Disclose Certain Adoption Information to Client, Lawyer as Agent
- 2005-77: Conflicts of Interest, Current Clients: Representation of Insured after Investigation of Matter for Insurer [Revised 2016]
- 2005-78: Fee Agreements: Increasing Fee Because of Dispute
- 2005-79: Information about Legal Services: Providing Legal Services to Church Members or on Behalf of Church-Related Causes [Revised 2018]
- 2005-80: Communicating with Represented Persons: Current and Former Employees of Entities Represented by Counsel, Lawyer-Client Privilege [Revised 2016]
- 2005-81: Communicating with Represented Persons: Information Relating to the Representation of a Client, Second Opinions [Revised 2014]
- 2005-82: Conflicts of Interest, Current Clients: Representing Multiple Criminal Defendants
- 2005-83: Ex Parte Contact with Administrative Law Judge [Revised 2016]
- 2005-84: Ex Parte Contact: Lawyer for Nonparty, OLCC Hearing
- 2005-85: Identifying the Client: Corporations and Partnerships
- 2005-86: Conflicts of Interest, Current Clients: Representing Husband and Wife in Bankruptcy, Wills, Dissolution
- 2005-87: Unauthorized Practice of Law: Financial and Estate Planning Service
- 2005-88: Trust Accounts: Withdrawal of Attorney Fees When Due [Superseded And Replaced By OSB Formal Ethics Op No 2005-149]
- 2005-89: Prosecuting Attorneys: Obtaining Promise Not to Enter into Civil Compromise, Suggesting Civil Compromise
- 2005-90: Client Property: Attorney Liens
- 2005-91: Conflicts of Interest, Current Clients: Lawyer as Officer, Director, or Shareholder of Corporate Client, Vicarious Disqualification
- 2005-92: Competent and Diligent Representation: Assisting Client in Breach of Contract
- 2005-93: Conflicts of Interest, Current Clients: Lawyer Drafting Parent's Will and Probating Parent's Estate
- 2005-94: Conflicts of Interest: Lawyer's Spouse as Real Estate Broker [Revised 2016]
- 2005-95: Duty to Report Misconduct [Revised 2014]
- 2005-96: Information Relating to the Representation of a Client: Notarial Journals [Revised 2014]
- 2005-97: Fee Agreements: Modifications of Fee Agreement and Interest Charges
- 2005-98: Fee Agreements: Flat Fees, Diligence, and Competence
- 2005-99: Conflicts of Interest between Lawyer and Client: Sexual Relations between Domestic Relations Lawyer and Domestic Relations Client [Superseded and Replaced By OSB Formal Ethics Op No 2005-140]
- 2005-100: Information about Legal Services: Initiating Contact with Lawyer-Referral Service Clients [Withdrawn 2018]
- 2005-101: Unauthorized Practice of Law: Lawyer as Mediator, Trade Names, Division of Fees with Nonlawyer [Revised 2022]
- 2005-102: Conflicts of Interest between Lawyer and Client, Public Officials, Conduct Prejudicial to Administration of Justice: Lawyer-Municipal Judge Representing Clients before City Council or Court [Revised 2015]
- 2005-103: Information about Legal Services: Multistate Law Firm, Advertising Availability of Out-of-State Lawyer [Revised 2015]
- 2005-104: Information Relating to the Representation of a Client: Self-Defense Exception
- 2005-105: Information Relating to the Representation of a Client: Receipt of Property Stolen by Client or Other "Fruits" of Crime
- 2005-106: Information about Legal Services: Purchase of Tax Preparation Business [Revised 2021]
- 2005-107: Unauthorized Practice of Law: Producing General Legal Information Tapes
- 2005-108: Information about Legal Services: Dual Professions, Yellow Pages Advertising [Revised 2015]
- 2005-109: Letterhead Listing an Out-of-State Law Firm as "Associated Office" [Revised 2015]
- 2005-110: Conflicts of Interest, Former Clients: Former Client as Adverse Witness [Revised 2016]
- 2005-111: Conflicts of Interest, Current Clients: Representing Bankruptcy Client Who Owes Lawyer Substantial Fees
- 2005-112: Information about Legal Services: Distribution of Brochure by Welcoming Program and Participation in Health Club Services Program [Revised 2021]
- 2005-113: District Attorneys: Plea Bargains Including Waiver of Civil Remedies
- 2005-114: Conflicts of Interest, Current Clients: City Councilor or Mayor, Lawyer's Associate Acting as Criminal Defense Counsel
- 2005-115: Unauthorized Practice of Law: Third-Party Influence [Revised 2014]
- 2005-116: Conflicts of Interest, Current Clients: Charity and Donor
- 2005-117: Trust Accounts: Funds Held in IOLTA or Non-IOLTA Account, Types of Depository Institutions [Revised 2014]
- 2005-118: Conduct Prohibited by Court Rules: Communicating with Adverse Expert Witness, Discussion of Witness from Testifying [Superseded and Replaced By OSB Formal Ethics Op No 2005-132]
- 2005-119: Conflicts of Interest, Current Clients: Fiduciaries
- 2005-120: Conflicts of Interest, Former Clients: Lawyer Changing Firms, Former Prosecutor or Judge, Disqualification, Screening [Revised 2015]
- 2005-121: Conflicts of Interest, Current Clients: Insurance Defense [Revised 2016]
- 2005-122: Conflicts of Interest, Current Clients: Multiple Government Clients, Future Conflict Waivers
- 2005-123: Conflicts of Interest, Current Clients: Formation of Corporation or Partnership
- 2005-124: Fee Agreements: Excessive Fees, Contingent Fees, PIP Benefits
- 2005-125: Client Property: Photocopy Charges for Client Files, Production or Withholding of Client Files [Superseded and Replaced By OSB Formal Ethics Op No 2017-192]
- 2005-126: Communicating with Represented Persons: Prosecutions
- 2005-127: Information about Legal Services: Writing to Accident Victims [Withdrawn 2018]
- 2005-128: Conflicts of Interest, Current and Former Clients: Lawyer Changing Firms, Imputed Disqualification [Revised 2016]
- 2005-129: Competent Representation, Information Relating to the Representation of a Client: Responsibilities on Death of a Sole Practitioner [Revised 2018]
- 2005-130: Conflicts of Interest, Current Clients: Plaintiff and Witness for Plaintiff [Revised 2018]
- 2005-131: Contacting Adverse Expert Witness in a Criminal Case
- 2005-132: Communicating with Adverse Expert Witness: Dissuasion of Witness from Testifying
- 2005-133: Attorney Fees: Financing Arrangement [Revised 2022]
- 2005-134: Ex Parte Contact: County Counsel Contact with Hearing Officer and County Land Use Officials
- 2005-135: Trust Accounts: Depositing Fees of Arbitrator or Mediator
- 2005-136: Information Relating to the Representation of a Client: Lawyer's Wrongful Termination Claim [Revised 2014]
- 2005-137: Unauthorized Practice of Law: Joint Venture to Produce Interactive Legal Information System
- 2005-138: Prospective Clients: Legal Aid Service Referrals to Private Lawyers
- 2005-139: Prejudice to Administration of Justice: Prosecutor's Threat to Charge More Serious Offense
- 2005-140: Lawyer Self-Interest Conflict: Sexual Relations with Client
- 2005-141: Information Relating to the Representation of a Client: Recycling of Documents [Revised 2015]
- 2005-142: Communicating with Represented Persons: Criminal Witnesses
- 2005-143: Communicating with Jurors after Trial
- 2005-144: Communicating with Represented Persons: Obtaining Public Records from a Represented Public Body [Revised 2007]
- 2005-145: Trust Accounts: "Cushions" to Avoid Overdrafts
- 2005-146: Conflicts of Interest, Current Clients: Long-Term Docket Obligations
- 2005-147: Communicating with Represented Persons: Direct Communication between Represented Parties
- 2005-148: Conflicts of Interest, Former Clients: Representing One Spouse in Dissolution after Joint Estate Planning [Revised 2014]
- 2005-149: Trust Accounts: Replenishing Account When Fees Are Disputed
- 2005-150: Competence and Diligence: Inadvertent Disclosure of Privileged Information [Revised 2015]
- 2005-151: Fee Agreements: Fixed Fees [Revised 2011]
- 2005-152: Communicating with Represented Persons: Current and Former Employees of State Agency
- 2005-153: Information about Legal Services: Insurer-Employed Lawyers' Firm Name [Revised 2015]
- 2005-154: Contacting Adverse Expert Witness in a Workers' Compensation Proceeding
- 2005-155: Conflicts of Interest: Multiple "Of Counsel" Relationships [Revised 2014]
- 2005-156: Illegal Conduct: Electronic Recording of Conversations [Revised 2015]
- 2005-157: Information Relating to the Representation of a Client: Submission of Bills to Insurer's Third-Party Audit Service [Revised 2016]
- 2005-158: Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal-Injury/Property-Damage Claims [Revised 2015]
- 2005-159: Competence and Diligence: Requesting a Guardian Ad Litem in a Juvenile Dependency Case
- 2005-160: Conflicts of Interest: Former State Appellate Public Defender in Private Practice
- 2005-161: Competence and Diligence: Agency Investigator's Contact with Represented Persons
- 2005-162: Competence and Diligence/Neglect of a Matter: Public Employee Lawyer Strike
- 2005-163: Communicating with Unrepresented Persons: Defense Lawyer Suggesting Civil Compromise
- 2005-164: Communicating with Represented Persons: Contact through Websites and the Internet
- 2005-165: Fee Agreements: Indemnification against Claims by Nonclients
- 2005-166: Competence and Diligence: Compliance with Insurance Defense Guidelines [Revised 2016]
- 2005-167: Lawyer as Mediator: Attempted Fraud by One Party [Revised 2014]
- 2005-168: Lawyer-Owned Lawyer-Referral Service [Revised 2018]
- 2005-169: Information about Legal Services: Firm Names—Retired Partner Mediator [Revised 2016]
- 2005-170: Fraudulent or Dishonest Conduct: Billing Multiple Clients for Simultaneous Service
- 2005-171: Fee Agreements: Interim Payment to Lawyer before Probate Completed [Withdrawn 2021]
- 2005-172: Trust Accounts: Accepting Credit Card Retainer Payments
- 2005-173: Dishonesty and Misrepresentation: Participation in Covert Investigations
- 2005-174: Conflicts of Interests, Former Clients: Vicarious Disqualification in Public Defender Organizations
- 2005-175: Information about Legal Services: Lawyer Membership in Business-Referral Clubs [Revised 2021]
- 2006-176: Conflicts of Interest: Lawyer Functioning in Multiple Roles in Client's Real Estate Transaction [Revised 2015]
- 2007-177: Issue Conflicts
- 2007-178: Competence and Diligence: Excessive Workloads of Indigent Defense Providers
- 2007-179: Trial Publicity
- 2007-180: Internet Advertising: Payment of Referral Fees [Withdrawn 2018]
- 2009-181: Government Lawyer Employment Negotiations
- 2009-182: Conflict of Interest: Current Client's Filing of Bar Complaint; Withdrawal
- 2011-183: Scope of Representation; Limiting the Scope [Revised 2022]
- 2011-184: Confidentiality, Conflicts of Interest: Consulting between Lawyers Not in the Same Firm
- 2011-185: Withdrawal from Litigation: Client Confidences
- 2011-186: Receipt of Documents Sent without Authority [Revised 2015]
- 2011-187: Competency: Disclosure of Metadata [Revised 2015]
- 2011-188: Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials [Revised 2015]
- 2013-189: Accessing Information about Third Parties through a Social Networking Website
- 2015-190: Lawyer Indemnification of Defendant for Failure to Reimburse, or Set Aside Sufficient Funds to Reimburse Third-Party Payer for Medical Expenses Already Advanced, or for Future Liability under Medicare Secondary Payer Act
- 2016-191: Client Property: Electronic-Only or "Paperless" Client Documents and Files
- 2017-192: Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files
- 2018-193: Candor, Independent Professional Judgment, Communication, Seeking Disqualification of Judges
- 2018-194: Conflicts of Interest, Current Clients: Representing Husband and Wife in Preparation of Estate Plan Involving Waiver of Elective Share
- 2019-195: Communication; Delegation of Settlement Authority to Lawyer
- 2021-196: Rule 7.3 Solicitation of Clients
- 2021-197: Payment to Lawyer from Estate Assets
- 2021-198: Unauthorized Practice of Law; Law School Graduates Hired Pending Bar Admission
- 2022-199: Safekeeping Property: Depositing Funds into Trust Accounts
- 2022-200: Remote Work and Unlawful Practice of Law
- 2022-201: Responding to Negative Online Comments and Reviews