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 law firm store client files with a third-party online vendor, such as in the cloud, and access them remotely?
Yes, qualified. The opinion concludes a lawyer may store client materials on a third-party server if the lawyer meets the duties of competence and confidentiality by taking reasonable steps to ensure …
What must an indigent-defense lawyer do about an excessive court-appointed caseload, and when are supervising or contracting lawyers responsible?
A lawyer who cannot meet the basic duties of competence, diligence, and communication to each client has an excessive workload and must control it, by declining new appointments, transferring cases, o…
What must a solo lawyer do to protect clients and their information if the lawyer dies or becomes disabled, and what may a successor lawyer do with the files?
Competence requires a solo lawyer to arrange for someone, who need not be a lawyer, to step in on death or disability to prevent client prejudice, such as by contacting the presiding judge to start th…
Can an Oregon lawyer use AI and generative AI tools in their legal practice?
Yes, with conditions. The opinion concludes Oregon lawyers may use AI and generative AI if they gain competence in the tool, protect client confidentiality, bill honestly, and supervise its use; an op…
Can an Oregon lawyer represent a client from a different culture or who speaks a different language?
Yes, qualified. The opinion concludes a lawyer may represent a client of a different cultural background or language so long as the lawyer provides competent representation and can communicate effecti…
Can an insurance defense lawyer agree in advance to follow an insurer's litigation billing and management guidelines without regard to how they affect the insured?
No. The opinion concludes a lawyer may not commit in advance to comply with insurer litigation guidelines without regard to their effect on the insured; the lawyer must review the guidelines case by c…
Must a lawyer scrub metadata before sending a document, and can the receiving lawyer mine it or use special software to uncover it?
The sending lawyer must use reasonable care to avoid disclosing confidential metadata under the competence and confidentiality rules; the receiving lawyer may use metadata that is readily accessible w…
Can a lawyer accept a flat fee per case from an insurer to defend its insureds, and what duties does the lawyer still owe the insureds?
Yes: a flat fee per case is not clearly excessive so long as the agreement as a whole is reasonable, but the flat fee does not reduce the lawyer's duties of competence, diligence, and independent judg…
When an Oregon lawyer believes a client has lost the capacity to handle their own affairs, can the lawyer act protectively over the client's objection?
Yes, qualified. The opinion concludes that under RPC 1.14 a lawyer who reasonably believes a client has diminished capacity, is at risk of substantial harm, and cannot act in their own interest may ta…
Can an Oregon lawyer help a client buy back the client's own bad checks to reduce criminal exposure, if the steps are lawful?
Yes, qualified. The opinion concludes that because the actions the client asks for are assumed lawful, the lawyer has a duty under Oregon RPC 1.2 to act in accordance with the client's directions; the…
Can a lawyer who is a public employee take part in a lawful labor strike against the government agency that employs them?
Yes, qualified. The opinion concludes nothing in the rules bars a public-employee lawyer from a lawful strike, but the lawyer must avoid neglecting client matters (by giving adequate advance notice so…
In a juvenile dependency case, when can a parent's lawyer ask for a guardian ad litem, and must the lawyer follow the guardian's directions afterward?
The opinion concludes a parent's lawyer should seek a guardian ad litem only when the client consistently cannot act in their own interests; a lawyer acting as a guardian ad litem performs a nonlawyer…
Can an Oregon lawyer stop working on a client's lawsuit until the client pays overdue legal fees?
Not unilaterally. The opinion concludes a lawyer may seek the court's leave to withdraw for nonpayment under Oregon RPC 1.16, but if the court refuses leave, the lawyer must continue to represent the …
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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.