Rules of Procedure - Oregon State Bar

1 OSB Rules of Procedure (Revised 1/1/2018) 1 Current versions of this document are maintained on the OSB website: Rules of Procedure (As approved by the Supreme Court by order dated February 9, 1984 and as amended by Supreme Court orders dated April 18, 1984, May 31, 1984, July 16, 1984, July 27, 1984, November 1, 1984, June 25, 1985, July 8, 1985, July 22, 1985, November 29, 1985, January 2, 1986, January 24, 1986, March 20, 1986, September 10, 1986, June 30, 1987, September 24, 1987, October 1, 1987, November 10, 1987, November 24, 1987, December 10, 1987, January 5, 1988, February 22, 1988, February 23, 1988, July 8, 1988, March 13, 1989, March 31, 1989, June 1, 1989, March 20.)

2 1990, October 1, 1990, January 10, 1991, April 4, 1991, July 22, 1991, August 2, 1991, January 17, 1992, December 22, 1992, June 29, 1993, December 13, 1993, December 28, 1993, October 10, 1994, May 15, 1995, November 6, 1995, December 14, 1995, September 30, 1996, June 5, 1997; August 19, 1997, effective October 4, 1997; October 3, 1997; July 10, 1998; November 30, 1999; February 5, 2001; June 28, 2001; September 6, 2001; June 17, 2003, effective July 1, 2003; July 9, 2003, effective August 1, 2003; June 17, 2003, effective, January 1, 2004; December 8, 2003, effective January 1, 2004; December 9, 2004, effective January 1, 2005; January 21, 2005; April 26, 2007; August 29, 2007; January 17, 2008; March 20, 2008; October 19, 2009; January 1, 2011; December 10, 2010, effective June 1, 2011; July 21, 2011; June 6, 2012; April 5, 2013; August 13, 2013, effective November 1, 2013); August 10, 2015; May 3, 2017, effective January 1, 2018.

3 TABLE OF CONTENTS Title 1 General Provisions .. 4 Rule Definitions.. 4 Rule Authority.. 5 Rule Nature Of Proceedings.. 6 Rule Jurisdiction; Choice of Law.. 6 Rule Effective Date.. 6 Rule Citation Of Rules .. 7 Rule Bar Records.. 7 Rule Service Methods.. 7 Rule Time.. 7 Rule Filing.. 8 Rule Designation of Contact Information.. 8 Rule Service Of Bar Pleadings Or Documents on Out-of- State Attorney.. 9 Rule Electronic Signature and Submission.. 9 Title 2 Structure And Duties .. 10 Rule Qualifications of 10 Rule Disciplinary Counsel.. 11 Rule State Professional Responsibility Board.

4 12 Rule Disciplinary Board.. 13 Rule Intake and Review of Inquiries and Complaints by Client Assistance Office.. 17 Rule Investigations .. 18 Rule Investigations Of Alleged Misconduct Other Than By Inquiry.. 20 Rule Proceedings Not To Stop On Compromise.. 20 Rule Requests For Information And Assistance.. 21 OSB Rules of Procedure (Revised 1/1/2018) 2 Current versions of this document are maintained on the OSB website: Rule Diversion.. 21 Title 3 Special Proceedings .. 22 Rule Interlocutory Suspension During Pendency Of Disciplinary Proceedings.. 22 Rule Mental Incompetency Or Addiction Involuntary Transfer To Inactive Membership Status.

5 25 Rule Allegations Of Criminal Conduct Involving Attorneys.. 27 Rule Conviction Of Attorneys.. 28 Rule Reciprocal Discipline.. 29 Rule Discipline By Consent.. 31 Title 4 Prehearing Procedure .. 32 Rule Formal Complaint.. 32 Rule Service Of Formal Complaint.. 33 Rule Answer.. 34 Rule Pleadings And Amendments.. 34 Rule Discovery.. 34 Rule Prehearing Issue Narrowing and Settlement Conference; Order.. 36 Rule Pre-hearing Orders.. 36 Rule Briefs.. 37 Rule Mediation .. 37 Title 5 Disciplinary Hearing Procedure .. 37 Rule Evidence And Procedure .. 37 Rule Burden Of Proof.

6 37 Rule Location Of Hearing; Subpoenas; Testimony.. 38 Rule Hearing Date; Continuances.. 38 Rule Prior Record.. 39 Rule Evidence Of Prior Acts Of Misconduct.. 39 Rule Consideration Of Sanctions.. 39 Rule Default.. 39 Rule Attorney Assistance Evidence.. 40 Title 6 Sanctions And Other Remedies .. 40 Rule Sanctions.. 40 Rule Probation.. 41 Rule Duties Upon Disbarment Or Suspension.. 42 Rule Ethics 43 Title 7 Suspension for Failure to Respond in a Disciplinary Investigation .. 43 Rule Suspension for Failure to Respond to a Subpoena.. 43 OSB Rules of Procedure (Revised 1/1/2018) 3 Current versions of this document are maintained on the OSB website: Title 8 Reinstatement.

7 44 Rule Reinstatement Formal Application Required.. 44 Rule Reinstatement Informal Application Required.. 46 Rule Reinstatement Compliance Affidavit.. 48 Rule Reinstatement Financial or Trust Account Certification Matters.. 48 Rule Reinstatement Noncompliance With Minimum Continuing Legal Education, New Lawyer Mentoring Program or Ethics School Requirements.. 49 Rule Other Obligations Upon Application.. 49 Rule Board Investigation And Recommendation.. 50 Rule Petition To Review Adverse Recommendation.. 50 Rule Procedure On Referral By Supreme Court.

8 51 Rule Answer To Statement Of Objections.. 51 Rule Hearing Procedure .. 51 Rule Burden Of Proof.. 51 Rule Burden Of Producing Evidence.. 51 Rule Reinstatement and Transfer--Active Pro Bono.. 51 Title 9 Resignation .. 52 Rule Resignation.. 52 Rule Acceptance Of Resignation.. 52 Rule Duties Upon Resignation.. 52 Rule Effect of Form B Resignation.. 53 Rule [Reserved for expansion] .. 53 Title 10 Review By Supreme Court .. 53 Rule Disciplinary Proceedings.. 53 Rule Request for Review.. 53 Rule Contested Reinstatement Proceeding.. 54 Rule Filing In Supreme Court.

9 54 Rule Procedure In Supreme Court.. 54 Rule Nature Of Review.. 55 Rule Costs And Disbursements.. 55 Title 11 Time Requirements .. 56 Rule Failure To Meet Time Requirements.. 56 Title 12 Unlawful Practice of Law Committee .. 56 Rule Appointment.. 56 Rule Investigative Authority.. 56 Rule Public Outreach and Education.. 56 Rule Enforcement.. 56 OSB Rules of Procedure (Revised 1/1/2018) 4 Current versions of this document are maintained on the OSB website: Title 13 Forms .. 57 Rule Formal Complaint.. 57 Rule Notice to Answer.. 58 Rule Answer.. 59 Rule [Reserved for expansion].

10 60 Rule Statement Of Objections To Reinstatement.. 60 Rule Form A Resignation.. 61 Rule Form B Resignation.. 61 Rule Request For Review.. 62 Rule Compliance Declaration.. 63 Rule Compliance Declaration.. 64 Title 1 General Provisions Rule Definitions. In these Rules , unless the context or subject matter requires otherwise: (a) Adjudicator means the Disciplinary Board statewide adjudicator, one or more of whom is appointed by the Supreme Court to chair all trial panels and any attorney appointed to serve in the Adjudicator s role in a particular proceeding pursuant to BR (f)(2).