Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Member Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo
Oregon State Bar Bulletin — OCTOBER 2003

Parting Thoughts
How You Can Help
By Theresa L. Wright

Picture the following: An immigrant seeks help in obtaining legal status in this country. Despite the fact that he has had a petition pending for years filed by his father, the advocate he sees suggests that if the immigrant marries his long-time girlfriend and mother of his children, he will obtain status sooner. The immigrant relies on the information and marries his girlfriend. Later, he finds himself no longer eligible to become a permanent resident, and will undoubtedly be required to return to his home country, never to return, because of the marriage.

A client is unhappy with the result of a domestic relations matter in the trial court, so decides to appeal. He hires a new advocate who files the notice of appeal and brief. Due to irregularities in the brief, the Court of Appeals dismisses the appeal on its own motion.

A father hires an advocate to represent him in a termination of parental rights case. She tells the client not to worry about attending the initial show cause hearing as she will be there representing him. At the time of the show cause hearing, neither the father nor his advocate appears, so the father’s parental rights are terminated by default.

An advocate intentionally picks out female single parents and convinces them to allow him to do their legal work. When he has gotten started and the client doesn’t continue to pay him, he threatens to turn her in to the state’s child protective services, or insists she begin a sexual relationship with him.

Bad lawyering? Without a doubt. Bad lawyers? Believe it or not, no. That’s because none of the 'advocates' discussed is an attorney. Each of the cases described above is a case reviewed by the bar’s Unlawful Practice of Law (UPL) Committee within the last year. All involved non-lawyers (although in two of the cases, the 'advocate' identified him or herself as an attorney) who ostensibly assisted clients with their legal matters, at cheaper cost than attorneys. The committee investigates many cases where the type of harm to the public is minimal or nil. As the above examples illustrate, however, there are people in Oregon who are intentionally or unintentionally harming people in significant ways.

The Oregon State Bar is charged with investigating and enforcing the civil unlawful practice of law statutes. The bar has assigned the responsibility for investigating UPL complaints to a volunteer committee made up of 15 lawyers and three lay people. Once the investigation is done, the committee approves appropriate action: dismissal of the complaint; sending a letter putting the accused on notice that his or her behavior may constitute the unlawful practice of law or that the committee found the accused to have committed UPL. For more egregious behavior, the committee will ask the investigator to negotiate a cease and desist agreement with the accused, which is essentially an injunction by contract. In the most serious of cases (as those cited above), the committee will ask the Board of Governors to approve prosecution, which involves filing a formal complaint with the court and pursuing a civil action for a permanent injunction. In some cases, the bar works hand-in-hand with other local, state and federal agencies, including district attorneys, the secretary of state and the Federal Trade Commission.

The bar needs your help. With the exception of significant support provided by bar staff, UPL cases are assigned, investigated, analyzed and prosecuted by volunteers. Every time the committee and subsequently the Board of Governors, approves prosecution, bar staff scrambles to find volunteer counsel to prosecute these cases. Glamorous work? Not especially. Rewarding? Absolutely! Injured 'clients' of the accused are appreciative, and the volunteers can keep the public from being further damaged. This can really be considered to be a form of consumer protection, only prosecuted 'privately' (as opposed to by the Department of Justice). Please consider volunteering for this important work.

I know that there are skeptics who believe the bar has no business in policing UPL, because it makes us look like we’re simply protecting our turf. As the chair of the UPL Committee for the last two years, I can assure those who are concerned that the committee is well aware of the cost of legal services and the need for alternative methods for Oregonians to obtain legal assistance. Nevertheless, we do take seriously our role of protecting the public from advocates who are harming people.

Again, please think about assisting the bar in helping to protect the public. You’ll only get recruited to do a UPL case once (unless you volunteer again). If you have questions, or want further details, or especially if you want to volunteer, don’t hesitate to contact me, or Amber Bevacqua-Lynott at the OSB Center. You won’t be sorry!

The author is chair of the OSB’s Unlawful Practice of Law Committee.

ABOUT THE AUTHOR
The author is chair of the OSB’s Unlawful Practice of Law Committee.

© 2003 Theresa L. Wright


— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Oregon Juror Guide
    • Submit Ethics Complaint

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Member Application
  • For Members

    OSB Login

    • Log In To OSB Site
    • Member Account Setup
    • Non-Member Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Fastcase™

    • Log in to Fastcase
    • Overview
    • Scheduled Webinars
    • Inactive Member Subscriptions

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooks®
    • BarBooks® FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration Forms
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Member Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Supervised Practice Portfolio Examination

    • SPPE Home

    Licensed Paralegal Program

    • LP Home

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ

    Licensing Fees

    • Licensing Fee FAQ
    • Licensing Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability
      Fund Website
For The Public

Public Information Home
Legal Information Topics
Oregon Juror Guide
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Members

BarBooks®
Bulletin Archive
Career Center
Fastcase™
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Member Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Member Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use