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 law firm make associates or departing partners sign a covenant not to compete or pay a penalty for taking firm clients?
No. Oregon RPC 5.6(a) bars agreements that restrict a lawyer's right to practice after leaving, and lawyers may not require a withdrawing lawyer to pay a penalty for competing; a firm may, however, ad…
Can one lawyer represent both the driver and the passengers of the same car in injury claims against the other driver?
It depends on the issue. The opinion concludes a lawyer cannot represent both if the driver's liability to the passengers is genuinely in play (a possible nonwaivable conflict), may represent both for…
If a current client files a bar complaint against the lawyer but does not fire the lawyer, must the lawyer withdraw from the case?
No, qualified. The opinion concludes a client's bar complaint does not require withdrawal and is not a per se conflict; the lawyer must withdraw only if the complaint creates a significant risk that a…
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…
If one party to a mediation hides a material asset and tells the lawyer-mediator to conceal it, can the mediator finish the mediation, and can the mediator tell the other party?
No to both completing the mediation and disclosing the fraud. The opinion concludes the lawyer-mediator must withdraw rather than complete a mediation built on a party's concealment, may make a noisy …
When moving to withdraw, can a lawyer tell the court the client won't cooperate, won't pay, or has stalled discovery?
No, qualified. The opinion concludes those reasons are usually protected client information, so a lawyer cannot volunteer them in a withdrawal motion; a mere dispute or nonpayment is not yet a 'contro…
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…
Can a lawyer represent a client who was wrongly ticketed in place of another person but refuses to tell the court the truth?
No. The opinion concludes a lawyer who learns the client intends to continue a deception on the court must call on the client to tell the truth, and if the client refuses, the lawyer may not ethically…
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…
If an Oregon lawyer's client disappears mid-appeal owing fees, can the lawyer stop work or settle the case without the client?
No to both, qualified. The opinion concludes the lawyer must keep handling the appeal until properly granted leave to withdraw under RPC 1.16, and may not settle the case without the client's authorit…
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.