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This article delves into the ethical obligations of green lawyers in Oregon, particularly from the perspective of communication and client relations. It highlights the importance of understanding who the client is, maintaining confidentiality, and the duties owed to former clients under Oregon’s Rules of Professional Conduct. Key processes like handling inquiries and complaints are discussed, alongside examples of common ethical dilemmas, ensuring lawyers navigate these considerations effectively to uphold integrity within their practice.
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ETHICAL CONSIDERATIONS FOR GREEN LAWYERS Scott Morrill, OSB April 9, 2010
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Client Assistance Office and Disciplinary Counsel’s Office • BR 2.5 The client assistance office shall receive and review all inquiries and complaints... Oregon Supreme Court Trial Panel Disciplinary Counsel Client Assistance Office
Issues You Should Be Aware OfCOMMUNICATIONOregon RPC 1.4 Ring, Ring
WHO IS THE CLIENT?Oregon RPC 1.7, 1.8 Reasonable-Expectations-of-the-Client Test Corporations Government Agencies
CONFIDENCES/SECRETSOregon RPC 1.6 Defending Yourself From a Bar Complaint Attorney-Client Privilege
DUTIES TO FORMER CLIENTSOregon RPC 1.9 Defending Yourself From a Bar Complaint
COMMUNICATIONS WITH REPRESENTED PARTIESOregon RPC 4.2 Consent, Authorized by Law, Written Agreement
COMMUNICATIONS WITH UNREPRESENTED CLIENTSOregon RPC 4.3 Get a Lawyer
EX PARTEOregon RPC 3.5 ALJ’s, Referees, Agencies and Other Decision Makers
SOLICITING CLIENTSOregon RPC 7.1, 7.2, 7.3 Not Many Cases Will Advocate for food
TRUTH In re Sussman and Tanner, 241 Or 246 (1965)
INTEGRITY In re Smith, 9 DB Rptr 79 (1965)
Unwarranted ClaimsOregon RPC 3.1, 1.2 (c), 4.4 (a), 8.4 (a)(4)
HELP WWW.OSBAR.ORG Oregon RPC 8.6 (written advice) 503.620.0222 (General Counsel/CAO)