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 give a second opinion to someone already represented by another lawyer, and may the lawyer tell that other lawyer about the request?
The opinion concludes a lawyer approached for a second opinion may give it without the other lawyer's consent because the no-contact rule does not apply to a prospective client who seeks the lawyer ou…
In a suit against a company, can the opposing lawyer interview the company's current or former employees without defense counsel's permission, and ask what they told the company's lawyers?
The opinion concludes a current employee is off-limits without consent only if they are management or their conduct is at issue; former employees who are not separately represented may be contacted fr…
Can an Oregon lawyer contact the opposing party directly, or have a client or investigator do it, when that party has a lawyer?
No. The opinion concludes Oregon RPC 4.2 bars a lawyer from communicating about the matter with a represented opposing party, or causing a client, investigator, or adjuster to do so, without the other…
Before filing suit, can an Oregon lawyer (or an investigator) contact a prospective defendant, take an affidavit, and negotiate a settlement?
Yes, qualified. The opinion concludes that because the lawyer does not know the prospective defendant is represented, RPC 4.2 is not triggered, so the lawyer or an investigator may speak to them, take…
Can a lawyer view an opposing represented party's public website and send messages through it during litigation?
Viewing an adverse party's public website is permitted, like reading anything published for the public. Sending internet messages, however, is treated like written contact under Oregon RPC 4.2, so it …
Can a criminal defense lawyer contact the complaining witness directly to suggest a civil compromise of the charges?
Yes. The opinion concludes a defense lawyer may contact a complaining witness to suggest a civil compromise, because the witness is not represented by the district attorney, so Oregon RPC 4.2 is not v…
Can a government lawyer advise an agency investigator to contact a represented licensee, and may the lawyer warn the licensee's attorney about the contact?
The opinion concludes an assistant attorney general may advise an agency investigator about contacting a represented licensee directly (the agency, as a party, may contact another party even though it…
Can a plaintiff's lawyer interview current and former employees of a state agency defendant without the Attorney General's consent?
A current agency employee is off-limits under Oregon RPC 4.2 only if the employee is part of management or their conduct is at issue; other current employees, and former employees, may be contacted wi…
Can a lawyer let their own client talk directly with the opposing party about settlement when that party is represented by counsel?
Yes, qualified. Oregon RPC 4.2 restricts communications that originate with the lawyer, not voluntary contact between the parties, so a lawyer need not stop the clients from speaking directly, but the…
Can a lawyer adverse to a public body contact a government employee for copies of public records without the public body's lawyer's consent?
Yes. A limited request to a public employee to obtain a specific public record is a communication authorized by law under the Public Records Law, so Oregon RPC 4.2 does not bar it; but substantive que…
Can a prosecutor contact a represented witness directly once the witness's lawyer has given notice of the representation?
No. Once the prosecutor knows a non-suspect witness is represented, Oregon RPC 4.2 bars direct contact about the witness's testimony, before or after indictment, and the witness's motive for hiring a …
Can a prosecutor or a co-defendant's lawyer contact a represented defendant about a separate, unrepresented charge, and may a prosecutor use undercover agents against a represented suspect before charging?
No to the first two: under RPC 4.2, neither a co-defendant's lawyer nor a prosecutor may talk to a defendant about another charge on which the defendant is unrepresented if the defendant is represente…
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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.