In the Matter of Amendments to the

) ORDER NO. 00-010






) TO DR 8-101 AND 5-105

Pursuant to ORS 9.490, the Oregon State Bar Board of Governors referred to the House of Delegates of the Oregon State Bar proposed amendments to the Disciplinary Rules of the Oregon Code of Professional Responsibility. The House of Delegates approved the proposed amendments at its Fourth Annual Meeting on September 18, 1999.

At its public meeting on December 7, 1999, the Court considered and adopted, after amendment deleting reference to "a lawyer-state officer" in DR 8-101(D), the proposed amendments to DR 8-101 and DR 5-105(G).

IT HEREBY IS ORDERED that the Disciplinary Rules of the Oregon Code of Professional Responsibility are amended as set forth below, effective with the date of this order. Deleted material is bracketed and in italic print; new material is in bold print.

DR 8-101 Action as a Public Official

(A) A lawyer who holds public office shall not:

(1) Use the lawyer's public position to obtain, or attempt to obtain, special advantage in legislative matters for the lawyer or for a client.

(2) Use the lawyer's public position to influence, or attempt to influence, a tribunal to act in favor of the lawyer or of a client.

(3) Accept anything of value from any person when the lawyer knows or it is obvious that the offer is for the purpose of influencing the lawyer's action as a public official.

(4) Either while in office or after leaving office use confidential government information obtained while a public official to represent a private client.

(a) As used in this rule, the term "confidential government information" means information which has been obtained under governmental authority and which at the time the information is used the government is prohibited by law from disclosing to the public or has legal privilege not to disclose and which is not otherwise available to the public.

(B) The foregoing provisions of DR 8-101(A) do not preclude a lawyer from acting under a law which specifically authorizes the performance of a governmental function, despite a conflict of interest, if the lawyer complies with all requirements of such law.

(C) Notwithstanding the provisions of DR 8-101(A) or any other disciplinary rule, and consistent with the "debate" clause, Article IV, section 9, of the Oregon Constitution, or the "speech or debate" clause, Article I, section 6, of the United States Constitution, a lawyer-legislator shall not be subject to discipline for words uttered in debate in either house of the Oregon Legislative Assembly or for any speech or debate in either house of the United States Congress.

(D) A member of a lawyer-legislator's firm shall not be subject to discipline for representing a client in any claim against the State of Oregon provided:

(1) The lawyer-legislator is screened from participation or representation in the matter in accordance with the procedure set forth in DR 5-105(I). The required affidavits shall be served on the Attorney General; and

(2) The lawyer-legislator shall not directly or indirectly receive a fee for such representation.

DR 5-105 Conflicts of Interest: Former and Current Clients

(G) Vicarious Disqualification of Affiliates. Except as permitted in subsections (D) and (F), when a lawyer is required to decline employment or to withdraw from employment under a Disciplinary Rule other than DR 2-110(B)(3), DR 5-101(A)(2), DR 5-102(A), or DR 5-110, no other member of the lawyer's firm may accept or continue such employment, except as provided in DR 8-101(D).

DATED THIS 20th day of January 2000.


Wallace P. Carson, Jr.

Chief Justice

Top of page Go home

divider line

State of Oregon Seal