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 an Oregon lawyer represent both the birth mother and the adopting parents in an adoption, or just the adopting parents when the lawyer formerly represented the birth mother?
No to joint representation, because the parties' interests are necessarily opposed and consent cannot cure it; yes to representing only the adopting parents, qualified, if the prior matter for the bir…
Is a public defender office treated as a law firm for conflicts, so that one lawyer's former-client conflict disqualifies the whole office, and does it change when the lawyer leaves?
Yes. A public defender organization is a firm under Oregon RPC 1.0(d), so a lawyer's former-client conflict under Oregon RPC 1.9 is imputed to the whole office under Oregon RPC 1.10(a) and cannot be c…
Can a lawyer who did joint estate planning for a married couple later represent one spouse against the other in their divorce?
It depends. The opinion concludes the lawyer may represent one former-client spouse in the dissolution without consent if the divorce is neither a matter-specific nor an information-specific former-cl…
When the only lawyer who worked on a client's matter leaves a firm and the client follows the lawyer, can the former firm later represent parties adverse to that client without consent?
Yes, qualified. Under RPC 1.10(b), once the lawyer who handled the client leaves and takes the client, the former firm needs the client's consent only if the new matter is the same or substantially re…
When a lawyer moves between criminal defense practice, a district attorney's office, or the bench, which conflicts follow the lawyer, and when are they imputed to the new firm or curable by screening?
A lawyer carries former-client and former-government conflicts when switching sides, and may take a conflicting matter only with the affected clients' written informed consent. A defense lawyer's conf…
If an Oregon lawyer gets an advance conflict waiver from a prospective client, can the lawyer or firm later represent the opposing party?
Yes, qualified. The opinion concludes the lawyer and firm may represent the opposing party if no disqualifying information was received, or if it was, only where RPC 1.18(d)'s conditions (mutual infor…
Are advance or blanket waivers of future conflicts enforceable for an Oregon lawyer, and can a firm rely on them?
Yes, qualified. The opinion concludes advance conflict waivers are permissible if the lawyer adequately explains the material risks and alternatives; enforceability turns on the waiver's specificity, …
Can an Oregon lawyer use a client's name or matter in marketing, a CLE, or to confirm a public news story without consent?
Generally no without informed consent. The opinion concludes information relating to a representation is broadly protected under Oregon RPC 1.6; Oregon has no generally-known exception, and the advert…
Can an Oregon lawyer respond publicly to a former client's negative online review?
Generally no. The opinion concludes a lawyer may not reveal information relating to the representation when responding to an online review; the RPC 1.6(b)(4) self-defense exception applies sparingly i…
Can a retired Oregon lawyer donate old client files to an archive, or share a former client's confidences with that client's new lawyer?
No to both, qualified. Absent the affected client's informed consent or another RPC 1.6 exception, a retired lawyer may not give files containing confidential information to an educational institution…
Can the lawyer for a resigned estate personal representative also represent the successor, including against the first one's fee claim?
The opinion concludes the lawyer may represent the successor personal representative absent a conflict and may keep representing the original one, but may not represent the successor in opposing the o…
Can an Oregon lawyer take a new matter adverse to a former client when only confidential information, not the same matter, is at stake?
It depends on the information. The opinion concludes that where the new matter is not the same or substantially related to the former representation, the lawyer may proceed without consent unless the …
Can a lawyer who used to work in the state appellate public defender's office take postconviction appeals alleging ineffective assistance by that office's lawyers?
Generally yes, with qualifications. The opinion concludes the lawyer may take such appeals, but a personal-interest conflict under Oregon RPC 1.7(a)(2) arises if loyalty to former colleagues would mat…
If a lawyer sends past clients periodic reminders about deadlines like patent maintenance fees or lease renewals, are those people current clients for conflict purposes?
They may be. The opinion concludes that, absent a clear written statement that no continuing relationship exists, recipients of periodic docket reminders can reasonably believe the lawyer-client relat…
Can a lawyer represent a criminal defendant when a former client of the lawyer will testify as an expert witness for the prosecution?
No, qualified. A lawyer is not barred merely because a former client testifies adversely, but here the lawyer learned of the former client's wrongdoing during the earlier representation, making the ma…
When can an Oregon lawyer take a new case against a former client, and what counts as the same or a substantially related matter?
Not without consent. The opinion concludes that under Oregon RPC 1.9 a lawyer may not act against a former client in the same or a substantially related matter without each affected client's informed …
Can a lawyer reveal confidential client information to defend against a former client's malpractice claim in a fee dispute or to answer a bar complaint about the representation?
Yes: RPC 1.6(b)(4) lets a lawyer reveal information relating to the representation to the extent reasonably necessary for self-defense, including to establish a claim or defense in a controversy with …
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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.