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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When a lawyer or staff member notarizes a client's document, how must the lawyer keep the next signer from seeing the prior client entries in the notarial journal?
If a journal entry contains protected client information, the lawyer must prohibit, and have staff prohibit, later signers from viewing it, for example by covering prior names and signatures or by kee…
Can one part-time nonlawyer work for two Oregon firms that are on opposite sides of matters?
Yes, qualified. The opinion concludes that, unlike a shared lawyer (whose dual employment would create a non-waivable firm conflict), a shared nonlawyer is governed by RPC 5.3: dual employment is allo…
Can a law firm hire an outside recycling service to dispose of paper documents that contain confidential client information?
Yes. A firm may use a recycling service for client documents if it makes reasonable efforts to ensure the service's conduct is compatible with the firm's confidentiality duty, including instructing th…
Can an Oregon lawyer use a chatbot or AI agent for client intake and marketing on their website?
Yes, with conditions. The opinion concludes Oregon lawyers may use chatbots and AI agents for intake and marketing if they stay competent in the tool, supervise it, disclaim it is not a lawyer, avoid …
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…
What must an Oregon lawyer do when staff or a bookkeeper steals client funds from the trust account?
The opinion concludes the lawyer must tell the affected clients under RPC 1.4, must obtain a conflict waiver under RPC 1.7 to keep representing them, and may restore the funds but cannot unilaterally …
Can an Oregon law firm give a law school graduate awaiting bar admission the work of a first-year associate?
Yes. The opinion concludes a firm may give an unadmitted law graduate the work it would give a first-year associate, including research, drafting, and witness interviews, if a licensed lawyer supervis…
Can an Oregon lawyer agree to send clients to a nonlawyer business in exchange for that business referring customers back to the lawyer?
No. The opinion concludes a reciprocal client-referral arrangement with a nonlawyer business violates Oregon RPC 7.2 and 5.4(e), but a plain office-sharing arrangement with a nonlawyer that involves n…
Can a lawyer list nonlawyer staff, such as an office manager or legal assistant, by name and title on the firm's letterhead?
The opinion concludes a lawyer may list nonlawyer personnel and their positions on firm letterhead as long as the listing is not false or misleading, for example by implying the staff are lawyers.
Can an Oregon lawyer agree to review and finalize estate-planning documents prepared by an out-of-state company that sells the plans to customers and pays the lawyer?
No. A company that consults with customers, explains documents, and gives estate-planning advice is engaged in the unauthorized practice of law, and a lawyer who reviews and executes its documents aid…
Can a lawyer who is a notary take a notarial acknowledgment over the phone, or have a secretary notarize a signature the notary did not witness?
No. The opinion concludes that certifying a notarial acknowledgment for someone who did not personally appear, whether by phone or through a secretary, is dishonest conduct that violates Oregon RPC 8.…
Can an Oregon lawyer employ a suspended or disbarred lawyer to do work that nonlawyers may lawfully perform?
Yes, qualified. A suspended or disbarred lawyer may do work that nonlawyers may lawfully do, but may not practice law and may not receive a share or percentage of legal fees earned on a specific case;…
When can an Oregon lawyer assist nonlawyers (or sign documents prepared by them) without aiding the unauthorized practice of law?
A lawyer may help nonlawyers do what nonlawyers can lawfully do, and may use a collection agency for the lawyer's own or clients' debts, but may not sign letters or pleadings the lawyer has not review…
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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.