IN THE SUPREME COURT OF THE STATE OF OREGON
|In the Matter of the Amendment to the
OREGON STATE BAR RULE
| ) |
|ORDER NO. 07-030
ORDER AMENDING OREGON
STATE BAR RULE OF PROCEDURE
At its public meeting on August 7, 2007, the court considered and approved revisions to the Bar Rule of Procedure 2.5 (Client Assistance Office). The rule was approved as amended by the Board of Governors clarifying the role of the Client Assistance Office. Deleted text is struck out; new text is underlined.
IT IS HEREBY ORDERED that the attached revised Oregon State Bar Rule of Procedure is approved and effective immediately.
Dated this 29th day of August, 2007.
Paul J. De Muniz
Rule 2.5 Intake and Review of Inquiries and Complaints by Client Assistance Office.
(a) Client Assistance Office. The Bar
shall will establish maintain a cC lient
aA ssistance oOffice, separate from that of Disciplinary Counsel ,. The Client
Assistance Office will, to the extent possible and resources permit, respond to all
inquiries from the public concerning the conduct of attorneys and may refer
inquirers to other resources. The Client Assistance Office will also that shall receive
and review all inquiries and complaints , oral and written, about the conduct of
attorneys. The Client Assistance Office will consider complaints submitted in person,
by telephone or by e-mail, but may require the complainant to submit the matter in
writing before taking any action. The Client Assistance Office will determine the
manner and extent of review required for the appropriate disposition of any
(b) Disposition by Client Assistance Office.
If an inquiry or complaint, either on its face or after investigation by the client
assistance office, does not raise an actual complaint of misconduct, the client
assistance office will retain the inquiry or complaint and attempt to resolve for
the person making the inquiry or complaint the concerns expressed therein, to
the extent possible and as resources permit. A decision by the client assistance
office that an inquiry or complaint does not raise an actual complaint of
misconduct may be appealed to General Counsel. The decision of General
Counsel is final. If an inquiry or complaint does raise an actual complaint of misconduct, it shall
be considered a disciplinary complaint and the client assistance office shall refer
the matter to Disciplinary Counsel.
(1) If the Client Assistance Office determines that, even if true, a complaint does not allege misconduct, it will dismiss the complaint with written notice to the complainant and to the attorney named in the complaint.
(2) If the Client Assistance Office determines, after reviewing the complaint and any other information deemed relevant, that there is sufficient evidence to support a reasonable belief that misconduct may have occurred, the complaint will be referred to Disciplinary Counsel. Otherwise, the complaint will be dismissed with written notice to the complainant and the attorney.
(3) The Client Assistance Office may, at the request of the complainant, contact the attorney and attempt to assist the parties in resolving the complainant's concerns, but the provision of such assistance does not preclude a referral to Disciplinary Counsel of any matter brought to the attention of the Client Assistance Office.
(b) Actual Complaint of Misconduct Defined. An actual complaint of misconduct
exists when the client assistance office determines that there is credible evidence to
support an allegation that misconduct has occurred.
(c) Review by General Counsel. Any complaint dismissed by the Client Assistance Office may be reviewed by General Counsel upon written request of the complainant. General Counsel may request additional information from the complainant or the attorney, and after review will either affirm the CAO dismissal or refer the complaint to Disciplinary Counsel's Office. The decision of General Counsel is final.