Abandoned Client Funds for Legal Services to the Poor
Until 2010, once funds in a lawyer’s trust account were deemed “abandoned,” they were turned over to the Oregon Department of State Lands (DSL). But new amendments to the Uniform Disposition of Unclaimed Property Act (ORS 98.302 to 98.436) enacted by the 2009 Legislature have changed how this money is appropriated and disbursed.

Effective Jan. 1, 2010, unclaimed funds held in lawyer trust accounts must be reported to the DSL, but paid over to the Oregon State Bar with a copy of the DSL report. Funds deemed abandoned as of June 30 of each year are to be reported to the DSL during the month of October of that same year, although earlier reporting may be allowed upon written request.

Funds held by a fiduciary are deemed abandoned if the owner has not accepted payment of the funds, corresponded in writing about the funds or otherwise indicated interest in the funds within two years after the funds are payable or distributable to the owner.

The money paid to the bar under the act will be appropriated for the provision of legal services to the poor under the Legal Services Program. Questions about forwarding abandoned funds can be addressed to Judith Baker at (503) 431-6326 or jbaker@osbar.org.

Reminder: OSB Award Nominations Due July 23
Every year the OSB honors Oregon’s most outstanding lawyers, judges and citizens. Nominations are needed for the following awards: OSB Award of Merit; Wallace P. Carson Jr. Award for Judicial Excellence; President’s Affirmative Action Award; President’s Membership Service Award; President’s Public Service Award; President’s Public Leadership Award; and Edwin J. Peterson Professionalism Award.

The award criteria, nomination forms and other information are available online at http://www.osbar.org . The deadline for nominations is Friday, July 23 at 5 p.m. For additional information, contact OSB Communications Director Kay Pulju at (503) 620-0222, ext. 402; (800) 452-8260, ext. 402; or khoutary@osbar.org.

UTCR Changes Effective Aug. 1
Chief Justice Paul J. De Muniz has approved changes to the Uniform Trial Court Rules (UTCR) that become effective Aug. 1, 2010. Changes of particular interest include amendment of UTCR 4.050 and 5.050, to expand the availability of appearance by telephone, and revision of Form 8.010.5, the Uniform Support Affidavit.

The committee would like to receive public comment on proposed UTCR 6.190, governing electronic exhibits, as well as on two out-of-cycle changes. UTCR 5.150, with two related forms, establishes an expedited civil jury program and became effective on May 6, 2010. UTCR 2.130, with related forms, will be amended to clarify the procedures for protecting confidential information in family law cases. Those changes will take effect in the fall of 2010. You can view these changes and submit public comment online at http://courts.oregon.gov/OJD/programs/utcr/utcrrules.page.

The UTCR committee’s next meeting is scheduled for Oct. 15 (and 16, if necessary). The committee welcomes proposals for change to the UTCR. Please submit your proposals by Sept. 1, to utcr@ojd.state.or.us or UTCR Reporter, Supreme Court Building, 1163 State St., Salem, OR 97301.

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