IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of the Amendment to the
OREGON STATE BAR RULE
OF PROCEDURE
  )  
  )  
  )  
  )  
  )  
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
Chief Justice


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 cClient aAssistance 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 complaint.

(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.


Top of page Go home