Oregon State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Oregon State Bar, with full citations and source links on every page.
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Can a lawyer withdraw earned hourly fees from a trust-account retainer when billing, and must the lawyer put the money back if the client later disputes the bill?
A lawyer may withdraw earned hourly fees from a trust account when invoicing the client, if the lawyer is unaware of any dispute over the right to payment. If the client objects afterward, the opinion…
When a lawyer leaves one firm for another, can the lawyer tell clients before notifying the old firm, take the client files, and solicit those clients for the new firm?
The opinion concludes a departing lawyer may take the files of clients who request it (absent a valid firm lien) and may solicit former clients subject to the advertising and solicitation rules, but w…
After a security breach or identity fraud drains a trust account, can a lawyer deposit the lawyer's own money into the account to cover the loss?
No. The opinion concludes a lawyer may not deposit the lawyer's own funds into the trust account to mitigate losses from theft or fraud, because Oregon RPC 1.15-1(b) allows only bank-charge and minimu…
When a client fires a lawyer, what part of the file must the lawyer hand over, and can the lawyer charge to copy it or withhold parts?
Absent a valid lien, a lawyer must give the former client the entire file, with narrow exceptions (another client's materials, the lawyer's own relationship documents, internal administrative records,…
Can a lawyer keep client files in electronic-only form and scan and destroy the paper copies?
Yes, qualified. The opinion concludes a lawyer may maintain a paperless client file and convert paper to electronic form, except for intrinsically significant originals like wills, deeds, and negotiab…
When a lawyer represents both an insurer and its insured, can the lawyer forward all settlement funds to the insurer and let the insurer decide how to split subrogation and the insured's uninsured losses?
The opinion concludes the lawyer may not, because the settlement funds belong to both clients; the lawyer must keep disputed sums separate and either hold them until the clients agree or interplead th…
Can a lawyer serve as the escrow agent in a deal where the lawyer also represents one of the parties?
No. The opinion concludes a lawyer may be a neutral escrow agent only when the lawyer represents none of the parties; a lawyer for a party cannot also be the neutral escrow, though the lawyer may stil…
Where must a lawyer deposit a large client fund held pending settlement, and can the client direct the interest to the Oregon Law Foundation instead of earning it?
Because the fund is substantial and expected to be held long enough to earn net interest, it must go in an interest-bearing trust account at a qualifying institution with the interest going to the cli…
What must an Oregon lawyer do with money held in trust for a client the lawyer can no longer locate?
The opinion holds the lawyer must keep the funds safeguarded in trust, use reasonable diligence to find the client, and, once the funds are presumed abandoned under Oregon's unclaimed-property act, re…
After a lawyer is discharged or withdraws for unpaid fees, can the lawyer hold the client's case file and documents until the past-due fees are paid?
Yes, but qualified: an attorney's possessory lien under ORS 87.430 lets the lawyer withhold the file when the client can pay or post a bond but will not, yet the lien must yield to the lawyer's fiduci…
When a lawyer leaves a firm, must the firm turn over original wills and client property the departing lawyer requests?
The opinion concludes the firm may hold original wills and client property until the clients themselves direct where it should go, but once a client so directs, the firm must promptly send the propert…
When a client tells a lawyer to pay out settlement funds to the client instead of known creditors, what must the lawyer do?
The opinion holds the lawyer may not pay the client funds subject to a valid lien or security interest (those go to the secured creditor), may hold or implead funds whose ownership is genuinely disput…
When an Oregon lawyer retires or dies, can the lawyer (or the lawyer winding up the practice) discard original wills whose former clients cannot be located?
No, qualified. The opinion concludes original wills are client property the lawyer must preserve, or have preserved by competent successor counsel, under RPC 1.15-1; statute (ORS 112.815 and 112.820) …
Can an Oregon lawyer endorse a settlement check that is payable jointly to the lawyer and the client?
Only with the client's authorization. The opinion concludes a lawyer may endorse a check on the client's behalf if the client authorizes it, but may not do so without authorization; implied authority …
Can a lawyer accept credit card payments for advance retainers, and how should the trust account, service fees, and chargebacks be handled?
A lawyer may accept credit card payments, but unearned retainers are client funds that may not be deposited into the lawyer's business account; if the bank requires one merchant account it must be a t…
Can a lawyer keep a cushion of personal funds in the client trust account to prevent an overdraft notice to the bar from a bookkeeping or bank error?
No. Oregon RPC 1.15-1(b) lets a lawyer place personal funds in a trust account only to cover bank charges or minimum balances, and only in necessary amounts, so a 'cushion' to avoid overdraft notifica…
Must a lawyer who works only as an arbitrator or mediator deposit advance fees in a lawyer trust account, even though no client relationship exists?
Yes. Advance fees a lawyer receives while serving as an arbitrator or mediator are not client property because there is no lawyer-client relationship, but they are 'property of third persons,' which O…
Can a lawyer advise and represent a client in bankruptcy when the client owes the lawyer substantial fees that the bankruptcy would discharge?
Yes, qualified. The discharge of the lawyer's own fees creates a personal-interest conflict under RPC 1.7(a)(2), so the lawyer may advise and represent the client only with informed consent confirmed …
Can a criminal-defense lawyer take possession of stolen property to return it, accept a retainer that may be the fruits of a crime, or take custody of a client's murder weapon?
A lawyer may help return stolen property to its owner absent an unlawful purpose, and may accept a retainer unless the lawyer knows the funds are the fruits of a crime; but a lawyer may not accept phy…
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Legal ethics opinions from the Oregon State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.