MCLE - Upcoming Rule Changes
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- Proposed MCLE Rule Change Affecting New Lawyer Mentoring Program
Pursuant to the MCLE Rules, the Supreme Court may appoint OSB members to serve as mentors in the OSB New Lawyer Mentoring Program (NLMP) as long as the member is “in good standing with at least five years of experience in the practice of law, and [has] a reputation for competence and ethical and professional conduct.” (Rule 2.4) However, the current rules do not provide for removal of NLMP mentors in circumstances where they no longer meet the qualifications to serve. As a matter of public protection, the BOG recommends that a lawyer against whom charges of misconduct have been approved for filing by the State Professional Responsibility Board or who has been suspended under Bar Rule 7.1 for failure to respond to a subpoena shall be removed from participation in the NLMP until those charges have been resolved by final decision or order. If an NLMP mentor is suspended from the practice of law as a result of a final decision or order in a disciplinary proceeding, the BOG recommends that the member may not resume service as an NLMP mentor until the member is once again authorized to practice law. In order to add these conditions for removal of NLMP mentors, the BOG approved proposed amendments to MCLE Rules 2 and 7. The bar welcomes member feedback on the proposed amendments before they are considered by the Supreme Court on January 11, 2022. You may submit comments to feedback@osbar.org through December 31, 2021. All feedback received will be shared with the Court. -
BOG Proposes MCLE Rule Change Affecting New Lawyer Mentoring Program
The Board of Governors has approved a change to the MCLE rules that would add a mechanism to remove members from serving as OSB mentors if they are subject to ethics charges, or face a discipline-related administrative suspension. The OSB seeks member and public comment through December 31. Details and link for feedback available here.
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Proposed Amendment to MCLE Rules 3.3 and 3.6 and Regulation 3.400
The Oregon Supreme Court ordered MCLE Rule amendments effective January 1, 2022, which will place new OSB members admitted by reciprocity directly into a three year reporting cycle, instead of the typical short cycle new lawyers are given, as long as the new member has practiced in another jurisdiction for three consecutive years immediately prior to admission in Oregon. More information is available here.