SUPREME COURT OF THE
STATE OF OREGON
RULES
FOR
ADMISSION OF ATTORNEYS
REVISED JANUARY 1, 2023
RULES FOR ADMISSION OF ATTORNEYS IN OREGON
TABLE OF CONTENTS
DEFINITIONS ................................................................................................................................................. 1
1.05 DEFINITIONS ............................................................................................................................................ 1
FILING DOCUMENTS WITH THE BOARD ....................................................................................................... 3
1.10 FILING .................................................................................................................................................... 3
1.15 CITATION ................................................................................................................................................ 3
ESSENTIAL ELIGIBILITY REQUIREMENTS AND GUIDELINES FOR ADMISSION ............................................. 4
1.20 STANDARDS OF AN ATTORNEY.................................................................................................................. 4
1.25 ESSENTIAL ELIGIBILITY REQUIREMENTS ........................................................................................................ 4
1.30 POTENTIALLY DISQUALIFYING CONDUCT ................................................................................................... 5
1.35 FACTORS CONSIDERED FOR PRESENT CHARACTER: ................................................................................... 5
1.40 REHABILITATION ....................................................................................................................................... 6
1.45 NONDISCRIMINATION POLICY .................................................................................................................. 7
BOARD OF BAR EXAMINERS ....................................................................................................................... 8
2.05 APPOINTMENT OF MEMBERS; OFFICERS .................................................................................................... 8
2.10 DUTIES .................................................................................................................................................... 8
2.15 DISCLOSURE OF BOARD RECORDS ........................................................................................................... 9
QUALIFICATIONS OF APPLICANTS ............................................................................................................ 10
3.05 QUALIFICATIONS OF APPLICANTS ........................................................................................................... 10
3.10 CONVICTION OF CRIME ........................................................................................................................ 14
3.15 DISCIPLINE IN ANOTHER JURISDICTION .................................................................................................... 14
APPLICATION ............................................................................................................................................. 15
4.05 FILING OF APPLICATION ......................................................................................................................... 15
4.10 FEES FOR BAR EXAM APPLICATIONS, ALTERNATIVE ADMISSION APPLICATIONS, AND TEMPORARY
PRACTICE APPLICATIONS ....................................................................................................................... 15
4.15 CONTENTS OF APPLICATION .................................................................................................................. 18
4.20 FORM OF PETITIONS TO SUPREME COURT ................................................................................................ 19
4.25 APPLICANT DUTIES ................................................................................................................................ 20
EXAMINATION............................................................................................................................................ 20
5.05 TIME AND PLACE OF EXAMINATIONS; SPECIAL EXAMINATIONS ................................................................. 20
5.10 SPECIFIC TESTING ACCOMMODATIONS .................................................................................................. 20
5.15 EXAMINATION ....................................................................................................................................... 22
5.20 REVIEW OF EXAMINATION PAPER ........................................................................................................... 23
CHARACTER AND FITNESS ......................................................................................................................... 25
6.05 INVESTIGATION OF APPLICANT'S MORAL CHARACTER AND FITNESS TO PRACTICE LAW .............................. 25
6.10 LIST OF APPLICANTS; PUBLICATION ......................................................................................................... 25
6.15 APPLICANT MUST BE RECOMMENDED BY A MAJORITY OF THE BOARD ...................................................... 25
RULES FOR ADMISSION OF ATTORNEYS IN OREGON
PROFESSIONAL RESPONSIBILITY EXAMINATION ...................................................................................... 27
7.05 TIME AND PLACE ................................................................................................................................... 27
ADMISSION ................................................................................................................................................ 28
8.05 REPORT BY BOARD OF BAR EXAMINERS; NOTICE TO APPLICANT ............................................................... 28
8.10 QUALIFICATIONS FOR ADMISSION; OATH OF OFFICE ............................................................................... 28
(A) Examination Applicants ....................................................................................................... 28
(B) Other Applicants ................................................................................................................... 29
8.15 RESIDENCY ........................................................................................................................................... 30
8.20 ADDRESS AND TELEPHONE NUMBER DESIGNATION .................................................................................. 30
8.21 CONTINUING LEGAL EDUCATION ON OREGON LAW .............................................................................. 30
EVIDENTIARY HEARINGS FOR APPLICANTS WHOSE MORAL CHARACTER OR FITNESS TO
PRACTICE LAW IS AT ISSUE ........................................................................................................................ 31
PROCEDURAL FRAMEWORK AND RESPONSIBILITIES ............................................................................................... 31
9.01 REQUEST FOR HEARING ......................................................................................................................... 31
9.05 ESTABLISHMENT OF HEARING PANEL ....................................................................................................... 31
9.10 INITIATION AND PURPOSE OF A CHARACTER REVIEW PROCEEDING .......................................................... 31
9.15 APPOINTMENT OF A SPECIAL INVESTIGATOR ............................................................................................ 32
9.20 RESPONSIBILITIES OF THE SPECIAL INVESTIGATOR ...................................................................................... 32
9.25 RESPONSIBILITY OF THE HEARING PANEL .................................................................................................. 32
9.30 RESPONSIBILITY OF THE BOARD OF BAR EXAMINERS.................................................................................. 32
THE CHARACTER AND FITNESS REVIEW PROCEEDING ........................................................................................... 33
9.35 NOTICE ................................................................................................................................................ 33
9.40 DISCOVERY .......................................................................................................................................... 33
9.45 THE PROCEEDING ................................................................................................................................. 34
THE DECISION-MAKING PROCESS ...................................................................................................................... 36
9.50 THE HEARING PANEL DECISION MAKING PROCESS ................................................................................. 36
9.55 THE BOARD OF BAR EXAMINERS DECISION MAKING PROCESS ................................................................. 37
9.60 THE SUPREME COURT REVIEW OF BOARD OF BAR EXAMINERS DECISION .................................................. 38
OREGON COUNCIL ON LEGAL EDUCATION AND ADMISSION TO THE BAR ......................................... 40
10.05 COMPOSITION AND DUTIES OF COUNCIL ............................................................................................... 40
ADMISSION OF LAW TEACHERS ................................................................................................................ 41
11.05 ADMISSION OF LAW TEACHERS .............................................................................................................. 41
FOREIGN LAW CONSULTANTS ................................................................................................................... 42
12.05 LICENSING OF FOREIGN LAW CONSULTANTS ........................................................................................... 42
TEMPORARY SUPERVISED PRACTICE RULES .............................................................................................. 48
13.01 PURPOSE OF TEMPORARY SUPERVISED PRACTICE RULES ........................................................................... 48
RULES FOR ADMISSION OF ATTORNEYS IN OREGON
LAW STUDENT APPEARANCE PROGRAM .................................................................................................. 49
13.05 PURPOSE OF LAW STUDENT APPEARANCE PROGRAM .............................................................................. 49
13.10 APPEARANCES AND ACTIVITIES OF ELIGIBLE LAW STUDENT ....................................................................... 49
13.15 OTHER ACTIVITIES OF ELIGIBLE LAW STUDENT ........................................................................................... 50
13.20 REQUIREMENTS AND LIMITATIONS............................................................................................................ 51
13.25 CERTIFICATION PROCEDURE .................................................................................................................. 52
13.30 SUPERVISION ......................................................................................................................................... 53
APPENDIX A ............................................................................................................................................... 54
CERTIFICATION OF ELIGIBILITY TO PARTICIPATE IN LAW STUDENT APPEARANCE PROGRAM .......... 54
APPENDIX B ................................................................................................................................................ 55
CERTIFICATION OF ELIGIBILITY TO PARTICIPATE IN LAW STUDENT APPEARANCE
PROGRAM AS
A STUDENT IN A LAW SCHOOL CLINIC .......................................................................................... 55
13.40 – 13.65 RESERVED ........................................................................................................................... 56
TEMPORARY PRACTICE PENDING ADMISSION BY ALTERNATIVE APPLICANTS ..................................... 57
13.70 ELIGIBILITY ............................................................................................................................................. 57
13.75 DURATION, TERMINATION LIMITS AND DISCLOSURES REQUIRED – PRACTICE PENDING ............................... 58
13.80 CHANGE IN OFFICE/ASSOCIATION/SUPERVISING ATTORNEY ................................................................... 59
13.85 DISCIPLINARY COMPLAINTS, PROGRAM OVERSIGHT, FEES AND RECORDS ................................................ 60
ATTORNEY EXCHANGE PROGRAM........................................................................................................... 62
14.05 PURPOSE OF ATTORNEY EXCHANGE PROGRAM ...................................................................................... 62
14.10 REQUIREMENTS AND LIMITATIONS............................................................................................................ 62
14.15 PETITION PROCEDURE ............................................................................................................................ 63
14.20 APPROVAL, WITHDRAWAL AND TERMINATION......................................................................................... 63
14.25 APPEARANCES AND ACTIVITIES OF FOREIGN ATTORNEY .......................................................................... 63
APPENDIX C ............................................................................................................................................... 65
CERTIFICATION OF SUPERVISING ATTORNEY AS TO FOREIGN ATTORNEY'S ELIGIBILITY TO
PARTICIPATE IN THE ATTORNEY EXCHANGE PROGRAM ............................................................ 65
APPENDIX D ................................................................................................................................................ 66
PETITION OF FOREIGN ATTORNEY TO PARTICIPATE IN THE ATTORNEY EXCHANGE
PROGRAM ........................................................................................................................................ 66
ADMISSION BASED ON COMITY ............................................................................................................... 67
15.05 ADMISSION OF ATTORNEYS LICENSED TO PRACTICE LAW IN OTHER JURISDICTIONS .................................... 67
RULE FOR ADMISSION OF ATTORNEYS (RFA) ................................... ERROR! BOOKMARK NOT DEFINED.
15.10 [NEW] LIMITED LICENSE CONVERSION .............................................................................................. 70
ADMISSION OF HOUSE COUNSEL ............................................................................................................. 73
16.05 LIMITED ADMISSION OF HOUSE COUNSEL ............................................................................................... 73
RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION OF OUT-OF-STATE ACTIVE PRO BONO ATTORNEYS ........................................................... 77
17.05 ADMISSION OF OUT-OF-STATE ACTIVE PRO BONO ATTORNEYS ................................................................ 77
ADMISSION OF MILITARY SPOUSE ATTORNEYS ........................................................................................ 80
18.05
TEMPORARY ADMISSION OF MILITARY SPOUSE ATTORNEYS ........................................................................ 80
ADMISSION BY OUT-OF-STATE BAR EXAMINATION SCORE ................................................................... 84
19.05 ADMISSION BY UBE SCORE EARNED IN ANOTHER JURISDICTION ............................................................... 84
19.10 ADMISSION BY NON-UBE REMOTE BAR EXAM SCORE EARNED IN ANOTHER JURISDICTION ........................ 84
19.15 ADDITIONAL REQUIREMENTS FOR ADMISSION BY OUT-OF-STATE BAR EXAM SCORE ................................... 85
PAGE 1 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
DEFINITIONS
1.05 Definitions
As used in these Rules for Admission of Attorneys, unless the context requires
otherwise:
(1) “Active practice of law” or “actively engaged in the practice of law”
means law-related professional activities, if performed in a jurisdiction in
which the applicant is admitted or in a jurisdiction that affirmatively
permits such activity by an attorney not admitted in that jurisdiction.
(a) The active practice of law includes:
(i) representation of one or more clients in the private practice
of law;
(ii) service as an attorney with a local, state, territorial or
federal agency or court, including military service;
(iii) teaching at a law school approved by the Council of the
Section of Legal Education and Admissions to the Bar of the
American Bar Association;
(iv) service as a judge in a federal, state, territorial or local court
of record;
(v) service as a judicial clerk; or
(vi) service as a house counsel to a corporation or other busi-
ness entity.
(b) The active practice of law does not include work that is performed
in advance of bar admission in any jurisdiction or work that, as
undertaken, constitutes the unauthorized practice of law in the
jurisdiction in which it is performed or in the jurisdiction in which the
clients receiving the unauthorized services are located.
(2) “Admissions Manager” means the Oregon State Bar employee hired or
appointed pursuant to Article 28.4 of the Bylaws of the Oregon State Bar.
(3) “Board” means the Oregon Board of Bar Examiners.
(4) “Court” means the Oregon Supreme Court.
(5) "Fit to practice law" or "fitness" means an applicant demonstrates a level
of conduct, judgment, and diligence that will result in adequate
representation of the best interests of clients, including participation in
PAGE 2 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
the legal process according to the Oregon Rules of Professional Con-
duct. An applicant’s current fitness to practice law shall be assessed
through the Essential Eligibility Requirements outlined in Rules 1.20 to 1.45.
(6) "Foreign law consultant" means an individual who is licensed to practice
law in a foreign jurisdiction, as defined in ORS 9.242, and is authorized to
advise on the law of that foreign jurisdiction pursuant to Rule 12.05.
(7) "Good moral character" is given the same meaning as contained in ORS
9.220(2)(b).
(8) "Military service" means extended active service in the armed forces of
the United States or deployment with the National Guard.
(9) “Substantially and continuously engaged in the practice of law” means
at least 1,000 hours of work per annum in law-related professional
activities specified in Rule 1.05(1), uninterrupted by periods of other
employment or unemployment. An applicant whose practice of law
was interrupted by military service may exclude the time spent in such
service in determining whether his or her practice has been continuous
or has been within the time periods specified in Rules 3.05, 8.10(5) or
15.05.
PAGE 3 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
FILING DOCUMENTS WITH THE BOARD
1.10 Filing
(1) Any document required to be filed with the Board under the Rules for
Admission of Attorneys shall be delivered by mail to the Board, P. O. Box
231935, Tigard, Oregon 97281-1935 or through such electronic means
provided or authorized by the Board.
(2) Delivery by mail shall be complete when the documents are mailed on
or before the due date by first class mail through the United States Postal
Service.
(3) If filing is not done as provided in subsection (1) of this rule, the filing shall
not be timely unless the pleading or document is actually received by
the Board within the time fixed for filing.
1.15 Citation
(1) These rules may be cited as “RFA__.”
PAGE 4 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ESSENTIAL ELIGIBILITY REQUIREMENTS AND GUIDELINES FOR ADMISSION
1.20 Standards of an Attorney
An attorney should have a record of conduct that demonstrates a level of
judgment and diligence that will result in adequate representation of the best
interests of clients and that justifies the trust of clients, adversaries, courts, and the
general public with respect to professional duties owed.
1.25 Essential Eligibility Requirements
The board considers demonstration of the following attributes, and the likelihood
that one will utilize these attributes in the practice of law, to be essential for all
applicants seeking admission to the Oregon Bar:
(a) Knowledge of the fundamental principles of law and application;
(b) The ability to competently undertake fundamental legal skills commen-
surate with being a lawyer, such as legal reasoning and analysis,
recollection of complex factual information and integration of such
information with complex legal theories, problem solving, and recogni-
tion and resolution of ethical dilemmas; and
(c) Ability to:
(i) Communicate honestly, candidly, and civilly with clients, attor-
neys, courts, and others;
(ii) Conduct financial dealings in a responsible, honest, and
trustworthy manner;
(iii) Conduct oneself with respect for and in accordance with the law;
(iv) Demonstrate regard for the rights, safety, and welfare of others;
(v) Demonstrate good judgment on behalf of clients and in con-
ducting one’s professional business;
(vi) Act diligently, reliably, and punctually in fulfilling obligations to
clients, lawyers, courts, and others;
(vii) Comply with deadlines and time constraints;
(viii) Comply with the requirements of applicable state, local, and
federal laws, rules, and regulations; any applicable order of a
court or tribunal; and the Rules of Professional Conduct.
PAGE 5 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
1.30 Potentially Disqualifying Conduct
The revelation or discovery of any of the following may be treated as cause for
further inquiry before the board determines whether the applicant possesses the
character and fitness to practice law:
(a) Unlawful conduct;
(b) Academic misconduct;
(c) Making or procuring any false or misleading statement or omission of
relevant information in connection with any bar application or in any
testimony or sworn statement submitted to any licensing board;
(d) Misconduct in employment;
(e) Acts involving dishonesty, fraud, deceit, or misrepresentation;
(f) Acts which demonstrate disregard for the rights or welfare of others;
(g) Abuse of legal process, including the filing of vexatious or frivolous
lawsuits or the raising of vexatious or frivolous defenses;
(h) Neglect of financial responsibility;
(i) Neglect of professional obligations;
(j) Violation of an order of a court;
(k) Conduct that evidences current drug or alcohol use to such an extent
that it could impair the ability to practice law;
(l) Denial or delays of admission to the bar in another jurisdiction on
character and fitness grounds; or
(m) Disciplinary action by a lawyer disciplinary agency or other professional
disciplinary agency of any jurisdiction.
(n) Other conduct that evidences an inability to practice law.
1.35 Factors Considered for Present Character:
In reviewing any prior conduct, the following factors shall be considered poten-
tially mitigating or aggravating regarding an applicant's present good moral
character or fitness to practice law;
(a) Applicant's age at the time of the conduct;
(b) Recency of the conduct;
(c) Rehabilitation;
(d) Seriousness of the conduct;
PAGE 6 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(e) Factors or circumstances underlying the conduct;
(f) Cumulative nature of the conduct;
(g) Candor in the admissions process; and
(h) Materiality of any omissions or misrepresentations.
1.40 Rehabilitation
An applicant may assert rehabilitation by submitting evidence of one or more of
the following:
(a) acknowledgement the conduct was wrong and has accepted respon-
sibility for the conduct;
(b) strict compliance with the conditions of any disciplinary, judicial,
administrative, or other order, where applicable;
(c) lack of malice toward those whose duty compelled bringing disciplinary,
judicial, administrative, or other proceedings against applicant;
(d) full cooperation and candor in the admission process;
(e) a commitment to conform with the standards of good character and
fitness for the practice of law;
(f) restitution of funds or property, where applicable;
(g) positive social contributions through employment, community service,
or civic service;
(h) engagement with a qualified treatment provider or participation in a
generally recognized treatment program that addresses the behavior
or conduct that is potentially disqualifying, and compliance with the
recommendations of the qualified provider or recognized treatment
program.
(i) recent conduct that demonstrates that the applicant meets the essen-
tial eligibility requirements for the practice of law and justifies the trust of
clients, adversaries, courts, and the public;
(j) other factors that support an assertion of rehabilitation.
PAGE 7 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
1.45 Nondiscrimination Policy
In determining good moral character and fitness to practice law, the Board shall
not discriminate against any applicant on the basis of:
(a) race, color, or ethnic identity;
(b) gender or gender identity;
(c) sexual orientation;
(d) marital status;
(e) creed or religion;
(f) political beliefs or affiliation;
(g) sensory, mental, or physical disability;
(h) national origin;
(i) age;
(j) honorably discharged veteran or military status;
(k) use of a trained service animal by a person with a disability; or
(l) any other class protected under state or federal law.
PAGE 8 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
BOARD OF BAR EXAMINERS
2.05 Appointment of Members; Officers
(1) The OSB Board of Governors and the Board will recruit candidates for
appointment to the Board and for appointment as co-graders. The
Board will solicit input from the Board of Governors before selecting co-
graders and nominating candidates for appointment to the Board.
(2) The Board shall consist of:
(a) At least 14 members appointed by the Court. On or before
September 1 of each year, four examiners, who must be active
members of the Oregon State Bar, shall be appointed for three-
year terms to commence on October 1.
(b) At least two of the members of the Board shall not be members of
the Oregon State Bar. Such members shall be appointed by the
Court with the advice of the Board and shall be appointed for a
term of one year. Such members shall have no responsibility for
preparing or grading examination papers.
(c) A person who is connected with the faculty or governing body of
a law school, except an adjunct professor teaching a subject
other than those listed in Rule 5.15, is not eligible to become or
remain a member of the Board.
(3) Each year, the Board shall recommend Board members to the Court for
appointment as chair and vice chair of the Board. The chair and vice
chair will serve for a one year term, commencing on October 1.
2.10 Duties
The Board shall act for the Court in the evaluation of an applicant's qualifications
for admission to practice law in the State of Oregon. The Board’s activities in
determining an applicant's qualifications for admission shall include, but not be
limited to:
(1) The grading, administration and evaluation of the bar examination;
(2) Investigation and evaluation of the moral character and fitness to
practice law of each applicant;
(3) Conducting evidentiary hearings of applicants in accordance with
these rules; and
PAGE 9 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(4) Making recommendations to the Court regarding applicants' qualifica-
tions to practice law in Oregon.
2.15 Disclosure of Board Records
(1) Unless expressly authorized by the Court or by these rules, the Board shall
not disclose any of its records, work product or proceedings in carrying
out its duties.
(2) The Board may release an applicant's admissions file to:
(a) A special investigator appointed under Rules 9.15 to 9.20;
(i) A special investigator may reveal facts or information con-
tained in the applicant’s admissions file to any third party or
source only pursuant to a release or waiver signed by the
applicant, which the Board may require the applicant to
sign as part of the initial application form.
(b) Any active member of the Oregon State Bar appointed by the
Board to represent it before the Court when an applicant seeks
Court review of an adverse admissions recommendation;
(c) Counsel appointed by the Board when an applicant initiates civil
proceedings against the Board in connection with the applicant's
application;
(d) Admissions authorities in other jurisdictions which guarantee the
confidentiality of applicant files to the same extent as required
under Oregon law; or
(e) An applicant requesting a copy of their admissions file, but the
Board may release only to the applicant a true copy of that
portion of the application form which was completed and sub-
mitted by the applicant. The Board may charge a reasonable
administrative fee to an applicant for providing the true copy.
(3) The Board May release information necessary for a law school’s
compliance with the ABA accreditation or regulatory requirements,
including bar exam data from each applicant that earned a Juris
Doctorate from such school. The Board may release the same data to
the National Conference of Bar Examiners (NCBE), or their assigns and
successors, for the NCBE’s reports to the same law schools.
(4) The Board may release the name, date of birth, NCBE number, social
security number and date of application to the NCBE or their assigns and
successors.
PAGE 10 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
QUALIFICATIONS OF APPLICANTS
3.05 Qualifications of Applicants
Prior to taking the bar examination in Oregon, the applicant must show that the
applicant will be at least 18 years of age at the time of admission to the practice
of law and meet the requirements of either section (1), (2) or (3):
(1) The applicant is a graduate of a law school approved by the American
Bar Association, earning a Juris Doctor degree or Bachelor of Law (LL.B.)
degree.
(2) The applicant is a graduate of a law school in the United States, earning
a Juris Doctor degree or Bachelor of Law (LL.B.) degree, and
(a) Has been admitted to practice before the highest tribunal of
another state, the District of Columbia, or federal territory, where
the requirements for admission are substantially equivalent to
those of this state; and
(b) Has been actively, substantially and continuously engaged in the
practice of law for at least three of the five years immediately
preceding the taking of the examination.
(3) The applicant is a graduate of a law school in a foreign jurisdiction, as
defined in ORS 9.242(2). In such case, the applicant shall have the
burden of proving:
(a) That the requirements for admission to the practice of law in the
foreign jurisdiction in which the applicant was educated is
substantially equivalent to those of this state;
(b) That the applicant is currently admitted to practice law in a
foreign jurisdiction where the Common Law of England exists as a
basis of its jurisprudence, or has been admitted in any United
States jurisdiction after having passed a bar exam in any United
States jurisdiction; and
(c) That the applicant is a graduate of a law school equivalent to a
law school approved by the American Bar Association. The Board
shall evaluate whether the applicant’s law school meets this
above requirement. To assist in this determination, the Board may
require that the applicant’s law school education be evaluated
by a commercial evaluator of the Board’s choosing at the
applicant’s expense.
PAGE 11 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(2) An applicant may be allowed to sit for the examination prior to earning
a Juris Doctor degree or Bachelor of Law (LL.B) degree if the applicant:
(a) is currently enrolled in a law school approved by the American
Bar Association;
(b) is expected to earn a Juris Doctor degree or Bachelor of Law (LL.B)
degree within 120 days of sitting for the examination;
(c) has satisfied all graduation requirements to earn a Juris Doctor
degree or Bachelor of Law (LL.B.) degree except law school
coursework that can be completed during the applicant’s post
examination final semester (or quarter);
(d) will not be actively engaged in more than two semester hours (or
quarter hour equivalent) of law school course work other than bar
examination preparation courses during the month prior to the
examination and the month the examination is held; and
(e) has submitted timely a properly signed Declaration for Exami-
nation on the form provided by the Oregon State Bar, certifying
that the applicant is academically prepared to take the exami-
nation.
(3) No applicant shall be recommended to practice law until an applicant
has earned a Juris Doctor degree or Bachelor of Law (LL.B.) degree and
submitted Certificate of Graduation. If an applicant qualifying under
Rule 3.05(4) to take the examination does not complete degree
requirements within 120 days of sitting for the examination and has not
filed an Declaration for Waiver of the 120 Days Requirement, all parts of
the examination, including the applicant’s scores, shall be void for
purposes of being admitted to practice law in Oregon and the
applicant’s examination scores shall not be disclosed for any purpose.
(4) Paragraph (4) of this rule shall be effective for examinations beginning
February, 2016 and thereafter.
*****
PAGE 12 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
RFA 3.05 - Declaration A
Oregon State Bar – Admissions Department
Declaration for Examination
______________________________________________ _______________________
Last Name First Name Middle Name Month/Year of Exam
______________________________________________
Law School
______________________________________________
Law School Address
Pursuant to Rule 3.05(4), Rules of Admission, I certify that my law school is
accredited by the American Bar Association and that I meet the following
examination requirements:
1. I am currently enrolled as a student in good standing;
2. I expect to earn a Juris Doctor Degree or Bachelor of Law (LL.B.) degree
within 120 days of sitting for the examination;
3. I will satisfy all graduation requirements to earn a Juris Doctor degree or
Bachelor of Law (LL.B.) degree except law school course work that can
be completed during my post examination final semester (or quarter);
4. I will not be actively engaged in more than two semester hours (or
quarter hour equivalent) of law school course work other than bar
examination preparation courses during the month prior to the exami-
nation and the month the examination is held; and
5. I have been determined by my law school to be academically
prepared to take the examination.
NOTE: If after you file this form you no longer meet the above stated requirements,
you must within 10 days of the date you no longer qualify submit written
notification to the Oregon State Bar – Admissions Department and your law
school.
______________________________________ ______________________________
Signature of Applicant/Declarant DATE
______________________________________ ______________________________
Name and Title of Dean or Designee Signature of Dean or Designee
PAGE 13 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
RFA 3.05 - Declaration B
Oregon State Bar – Admissions Department
Declaration for Waiver of the 120 Day Requirement
________________________________________ _______________________
Last Name First Name Middle Name Month/Year of Exam
_________________________________________
Law School
_________________________________________
Law School Address
Pursuant to Rule 3.05(4), Rules of Admission, I certify that my law school is
accredited by the American Bar Association and that I am unable to earn a Juris
Doctor Degree or Bachelor of Law (L.L.B) degree within 120 days of sitting for the
examination due to the following extraordinary circumstances:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Attach supporting documents, e.g., evidence of major illness, family emergency,
etc., to support waiver request.
________________________________________ _______________________
Signature of Applicant/Declarant Date
Waiver: ____ Granted Juris Doctor Degree or Bachelor of Law (L.L.B) degree
must be earned within _____ (no more than 120) days of the date of
this Waiver.
____ Denied
______________________________________ ______________________________
Name and Title of Dean or Designee Signature of Dean or Designee
PAGE 14 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
3.10 Conviction of Crime
An applicant shall not be eligible for admission to the Bar after having been
convicted of a crime, the commission of which would have led to disbarment in
all the circumstances present, had the person been an Oregon attorney at the
time of conviction.
3.15 Discipline in Another Jurisdiction
(1) An attorney who is not in good standing for disciplinary reasons in any
other jurisdiction in which the attorney was licensed to practice shall not
be eligible for admission:
(b) If the attorney was disbarred or resigned in lieu of disciplinary
action in the other jurisdiction; or
(c) If the attorney was not disbarred and did not resign in lieu of
disciplinary action, until the attorney is eligible to apply for
reinstatement or readmission after the disciplinary action in the
other jurisdiction.
(2) Notwithstanding subsection (1)(a), an attorney who was disbarred
in another jurisdiction or who resigned in lieu of disciplinary action
in the other jurisdiction may apply for admission to the Bar in
Oregon if the attorney can show that the attorney's conduct that
led to the disbarment or resignation would not have led to
disbarment in Oregon.
PAGE 15 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
APPLICATION
4.05 Filing of Application
(1) Applications for admission by examination shall be in the form pre-
scribed by the Board and shall be filed with the Board not later than April
15 preceding the date of the July examination and by November 15
preceding the date of the February examination.
(2) Applicants who took but did not pass the Oregon February examination
and desire to take the following July examination shall file an application
not later than May 15 preceding the date of the July examination.
(3) Applications for admission by examination may be filed late, subject to
the fee prescribed by Rule 4.10(1)(c), but such late applications, with all
appropriate fees, must be received by the Board no later than
December 15for the February examination, or no later than May 15 for
the July examination.
(4) Other applications for admission shall be in the form prescribed by the
Board. They may be filed at any time.
(5) If the chair of the Board finds that the deadline dates mentioned in Rule
4.05(3) place an undue hardship on the Board, Oregon State Bar or the
testing population as a whole, then the chair of the Board may extend
the deadline by up to fifteen (15) business days. If the chair of the Board
extends any deadlines, notice shall be placed on the webpage of the
Oregon State Bar’s Admissions Department.
(6) If any of the dates listed in Rule 4.05 fall on a Saturday, Sunday or legal
holiday, then the deadline shall be extended to the next day that is not
a Saturday, Sunday or legal holiday.
(7) Applications received after the deadlines set forth in Rule 4.05 will not
be accepted, regardless of cause.
4.10 Fees for bar Exam Applications, Alternative Admission Applications, and
Temporary Practice Applications
(1) Bar Exam Application and Investigation Fees: Every bar exam applicant
must pay to the Board, at the time of filing their bar exam application,
each of the following fees that are applicable to their application:
(a) A bar exam application fee of $750.
(b) In addition to the fee prescribed by paragraph (a) of this rule, if
an applicant was previously admitted to the practice of law in
PAGE 16 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
any other jurisdiction or has a pending application for admission
to practice law in any other jurisdiction, then the applicant must
pay an investigation fee of $600. If an applicant applied for
admission to the practice of law in Oregon within the 12 months
prior to the submission of the current application, and the appli-
cant paid an investigation fee of $600 with their last application,
then the investigation fee shall be reduced to $300.
(c) In addition to the fees prescribed by paragraphs (a) and (b) of
this rule, a bar exam applicant who files an application after the
timely filing deadline stated in Rule 4.05(1) shall pay to the Board,
at the time of filing such application, a late filing fee equal to one-
half of the application fee stated in paragraph (a) of this rule.
(d) An applicant who, in conformance with Rule 8.10(4), seeks to take
the oath and be admitted more than thirteen months after notice
was provided by the Board as provided by Rule 8.05(2), shall pay
to the Board a fee of $300.
(e) If the applicant was previously denied admission by the Court in a
contested admission case, such applicant shall pay to the
Oregon State Bar, at the time of application, any unpaid judg-
ment for costs and disbursements assessed by the Court therein.
(f) If an applicant is found to be unqualified to take the examination
for any reason under these rules, the applicant shall be entitled to
a refund of $300 dollars.
(g) If a bar exam applicant withdraws his or her application, the
applicant shall be entitled to a partial refund of the bar exam
application fees only as follows:
(i) The applicant must request in writing that the application
be withdrawn;
(ii) If the application withdrawal is received by the Board on or
before the second Tuesday before the first day of the
examination, one-half of the application fee specified in
subsection (a) of this rule will be refunded;
(iii) If the application withdrawal is received by the Board after
the deadline specified in section (g)(ii) of this rule, no refund
will be made.
(h) In no event shall any portion of the fees specified in subsections
(b), (c) and (d) of this rule be refunded.
PAGE 17 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(2) Alternative Admission Applications Fees: Any applicant seeking admis-
sion through an application other than the current Oregon bar exam
application or Rule 8.10[,] must pay the Board the correct alternative
admission application fee at the time of filing the application. The
correct alternative admission application fee is based on the RFA under
which the applicant is seeking admission, which includes only the
following:
(a) House Counsel Application Fee: The alternative admission appli-
cation fee for applicants seeking admission under RFA 16.05
(House Counsel) is $2,500.
(b) Foreign Law Consultant Application Fee: The alternative admis-
sion application fee for applicants seeking admission under RFA
12.05 (Foreign Law Consultants) is $2,500.
(c) Comity Application Fee/Conversion Application Fee: For appli-
cants seeking admission under RFA 15.05 (Comity Admission), the
[The] alternative admission application fee [for applicants seeking
admission under RFA 15.05 (Comity Admission)] is $1,750. For
applicants with a current limited license, but seeking to gain full
membership in the Oregon State Bar through a conversion
application under RFA 15.10, the Conversion Fee is one-half the
Comity Fee stated in the preceding sentence.
(d) Out-of-State (UBE) Score Transfer Application Fee: The alternative
admission application fee for applicants seeking admission under
RFA 19.05 (Admission by Out-of-State Bar Examination Score) is
$1,350.
(e) Military Spouse Application Fee: The alternative admission appli-
cation fee for applicants seeking admission under RFA 18.05
(Admission of Military Spouse Attorneys) is $1,350.
(f) Admission of Law Teacher Application Fee: The alternative
admission application fee for applicants seeking admission under
RFA 11.05 (Admission of Law Teachers) is $1,350.
(g) Admission of Out-of-State Active Pro Bono Attorneys Application
Fee: The alternative admission application fee for applicants
seeking admission under RFA 17.05 (Admission of Out-of-State
Active Pro Bono Attorneys) is $600.
(h) If an applicant provides the Board with a written request to
withdraw their application within sixty (60) days of the Board’s
PAGE 18 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
receipt of their application, then the applicant will be entitled to
a refund of one-half of their alternative admission application fee.
(i) If the applicant was previously denied admission by the Court in a
contested admission case, such applicant shall pay to the
Oregon State Bar any unpaid judgment for costs and disburse-
ments assessed by the Court therein. This payment shall be in
addition to, and must be paid concurrently with, the alternative
admission application fee required for the applicant’s alternative
admission application.
(j) If an applicant is unqualified under the RFA for which they sought
admission, then the applicant shall be entitled to a refund of one-
half of the alternative admission application fee paid with their
application.
(k) An alternative admission applicant shall receive a reduction to
the fees stated in RFA 4.10(2), if the applicant is applying for
admission because they have been employed to work for one of
the following types of employers: (1) any State of Oregon
government agency or an instrumentality of a government
agency; (2) any non-profit that has received tax exempt status as
a 501(c)(3) or 501(c)(4) organization; (3) any contractor, agency
or organization providing public defense services to Oregon
residents; and (4) and any organization recognized by Legal Aid
Services of Oregon, Oregon Law Center or the Oregon State Bar
as an entity that provides legal aid to Oregon residents. The
amount of the reduction shall be established by the Board each
year, and posted on the admissions homepage and relevant
admission applications.
(3) An applicant for a temporary practice license under 13.70 et seq, shall
pay to the Regulatory Counsel’s Office a temporary practice applica-
tion fee of $500. The fee must be submitted concurrently with the
applicant’s temporary practice application. The temporary practice
application fee is non-refundable upon submission.
4.15 Contents of Application
(1) Each application shall be on a form prescribed by the Board and must
contain or be accompanied by:
(a) An executed release and authorization to obtain:
(i) the applicant's motor vehicle driving record;
PAGE 19 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(ii) the applicant's college and law school files and records;
(iii) credit information concerning the applicant;
(iv) the applicant's disciplinary history and status in any other
jurisdiction.
(2) No later than the 15th day before the first day of the examination, each
applicant must file one copy of a certificate of graduation, on a form
prescribed by the Board, or other evidence satisfactory to the Board
that the applicant is a graduate of a law school prescribed by Rule 3.05
(1), (2) or (3).
(3) Prior to admission:
(a) Each applicant who has been admitted to practice before the
highest tribunal of another state, the District of Columbia, a
federal territory, or a foreign country must File one copy of a
certificate of good standing.
(b) The certificate of good standing shall state:
(i) the date of the applicant's admission to the practice of law;
(ii) whether the applicant is entitled to engage in the practice
of law;
(iii) whether the applicant is a member of the bar in good
standing; and
(iv) whether there is now pending, or ever has been, any
complaint, grievance, disciplinary proceeding or disci-
plinary action against the applicant, and, if any appear,
the status thereof, the nature of the charge or charges, the
full facts including the disposition thereof, the nature of the
final judgment, order or decree, if any, rendered therein
and the name and address of the person or body in
possession of the record thereof.
(c) The certificate of good standing shall be submitted by the proper
licensing body in the given jurisdiction
4.20 Form of Petitions to Supreme Court
(1) Any petition to the Court relating to admission shall be signed and
verified before a notary public or other official authorized to execute
oaths. The Court will only consider Petitions from current applicants.
Petitions shall be on 8 1/2" by 11" paper and contain the name, address,
PAGE 20 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
and telephone number of the petitioner and counsel, if any. Petitions
shall be headed "IN THE SUPREME COURT OF THE STATE OF OREGON" and
shall set forth those facts which petitioner believes will indicate reasons
for granting the petition.
(2) The original petition shall be filed with the Board for evaluation and
comment. The Board may request additional information from the
petitioner in support of the petition. When the information has been
supplied or the petitioner states that he or she chooses not to submit
additional responses to such requests, the Board shall forward the
petition to the Court along with the Board's comments and recom-
mendation.
4.25 Applicant Duties
(1) Cooperation. Every applicant has a duty to cooperate and comply with
requests from the Board, including but not limited to, requests to appear
for scheduled Board interviews, to execute releases and to obtain
information and records from third parties for submission to the Board.
(2) Continuing obligation to report. Every applicant has a duty to report
promptly to the Board any change, addition or correction to the
information provided in his or her application, including but not limited
to: changes in address, e-mail address, phone number(s), or employ-
ment; criminal charges; disciplinary proceedings; traffic violations; and
any other facts or occurrences that could reasonably bear upon the
character and fitness of the applicant.
EXAMINATION
5.05 Time and Place of Examinations; Special Examinations
The examination shall be the Uniform Bar Examination (UBE) prepared and
coordinated by the National Conference of Bar Examiners (NCBE) and held on
the date and time set by NCBE for administration nationally and at a place
approved by the Court on recommendation of the Board. The Board shall hold
special examinations other than the UBE as the Court may direct.
5.10 Specific Testing Accommodations
(1) Definitions. For the purpose of this rule:
(a) The term “disability” means a disability as the term is defined under
the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.)
PAGE 21 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(ADA), amendments to the act, applicable regulations and case
law.
(b) The term “qualified professional” means a licensed physician,
psychologist, or other health care provider who has compre-
hensive training in the field related to the applicant’s claimed
disability.
(2) An applicant with a disability that substantially limits one or more major
life activities and who desires an adjustment or modification to the
standard testing conditions to alleviate the impact of the applicant’s
functional limitation on the examination process may request reasonable
accommodation(s) to take the examination.
(3) Consistent with the requirements of the ADA, the Board shall evaluate all
timely and complete accommodation requests and determine the
extent, if any, to which they will be granted. In fashioning an accommo-
dation, the Board shall strive for an accommodation that is reasonable,
not unduly burdensome, consistent with the nature and purpose of the
examination and which does not fundamentally alter the nature of the
examination as necessitated by the applicant’s disability. If an applicant
submits a request for accommodation within six-weeks or less of the first
day of the applicable bar exam, then pursuant to this paragraph, the
Chair of the Board, or the Chair’s designee, is delegated the authority to
act on behalf of the Board and fulfill its required functions under this
paragraph.
(4) Applicants must file timely and complete accommodation requests
using the forms prescribed by the Board. The filing deadlines for requests
shall be set by the Board. Incomplete or untimely requests will be
rejected except where: (a) disability occurs after the application filing
deadline; or (b) the accommodation request does not cause an undue
hardship on the Board or the Oregon State Bar.
(5) An applicant requesting
accommodations
must fully complete the forms
approved by the Board and submit:
(a) Medical and/or psychological verification completed by a quali-
fied professional. The medical and/or psychological verification
shall, at a minimum, describe:
(i) The basis of the assessment, including all tests used to
diagnose the disability and the results of those tests;
PAGE 22 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(ii) the effect of the disability on the applicant's ability to take
the examination under regular testing conditions; and
(iii) the recommended accommodation.
(b) A letter from the applicant's law school setting forth any accom-
modations that were provided to the applicant
for examinations
taken at the law school.
(c) A letter from each jurisdiction in which the applicant has applied
to practice law setting forth any accommodations that were
provided to the applicant for taking the bar exam.
(6) An applicant who is breastfeeding may request accommodations to
enable the applicant to express milk during the examination. Request
for accommodations must be submitted timely using the procedures
and forms prescribed by the Board for specific testing accommo-
dations. Applicants must submit medical documentation from a quali-
fied medical provider supporting the request for accommodations,
including verification that the applicant is breastfeeding and the child’s
date of birth.
5.15 Examination
(1) The examination shall be:
(a) Given by the Board twice each year at appropriate times and
places in the State of Oregon approved by the Court on recom-
mendation of the Board, unless otherwise ordered by the Court.
(b) Conducted in the manner and according to the method pre-
scribed by the Board and consistent with any policies pertaining
to administration of the UBE.
(2) Each applicant shall be examined as to requisite general learning in
subjects tested in the UBE as published by NCBE.
(3) The UBE is comprised of six Multistate Essay Examination (MEE) questions,
two Multistate Performance Test (MPT) questions, and the Multistate Bar
Examination (MBE).
(4) At the conclusion of an examination or within a reasonable time
thereafter, the Board shall furnish to each unsuccessful applicant a
printed or typewritten copy of the MEE and MPT examination questions,
to the extent permission to reproduce copyrighted materials is granted
by NCBE, except that no copies will be furnished of any part of the MBE.
PAGE 23 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(5) The chair of the Board may limit the number of bar applicants allowed
to take the Oregon Bar Exam on any exam date to comply with any
local, state, or national public health order or recommendation that
imposes limits on gatherings of persons in one location, as follows:
(a) If the chair of the Board imposes a limit on the number of Oregon
Bar Exam takers, the Oregon State Bar Admissions Department
shall assign available seats at the affected location based on the
date and time on which an individual’s bar application was
received, starting with the first application received.
(b) Any applicants who are otherwise qualified to sit for an exam, but
are excluded from a test date due to a limit imposed under this
rule, shall be entitled to a credit for any monies paid toward the
fees described in in Rules 4.10(1), which may be applied toward
the next scheduled Oregon Bar Exam.
5.20 Review of Examination Paper
(1) Prior to the release of examination results, the Board shall review all
applicant essay answers for those applicants whose overall score places
them in the top 15 percent of failing applicants after the initial grading
is complete.
(2) Except as set forth in rule 5.20(1), or as may be authorized by the Board,
there shall be no further review of any portion of the examination.
(3) An applicant who has failed the examination has the right:
(a) To be informed of the total scaled score on the UBE, the scaled
score earned in the MBE, the combined scaled score earned in
the MEE and the MPT, and the scaled score required to pass the
examination in Oregon.
(b) To inspect, and to obtain at the applicant's expense, copies of
the applicant's handwritten or typewritten answers, essay ques-
tions, and raw scores; and all other grading and exam materials
authorized by the Board and the NCBE to be disclosed solely to
the applicant.
(4) After the administration of each exam, the Board shall establish a date,
time and place to inspect and/or obtain the materials as prescribed in
paragraph (3)(b) of this rule, provided that:
(a) The date shall be no sooner than the 30th day, or later than the
60th day, following the mailing of the notice under Rule 8.05; and
PAGE 24 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(b) Disclosure of the information and inspection and copying of
materials shall be permitted only under conditions which, in the
opinion of the Board, protect the security of that part of the
examination prepared and scored by or under the supervision of
the NCBE.
PAGE 25 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
CHARACTER AND FITNESS
6.05 Investigation of Applicant's Moral Character and Fitness to Practice Law
(1) The Board is authorized to conduct investigations and to convene
evidentiary hearings for the purpose of determining whether applicants
possess the good moral character and fitness to practice law prescribed
by ORS 9.220(2) and these Rules.
(2) The Board may, prior to an evidentiary hearing described in 9.05, request
an applicant to appear before members of the Board as part of the
Board’s investigation.
(3) The Board may, as necessary, issue subpoenas to secure information
material to the Board's inquiry.
(4) The Board may recommend that the Supreme Court deny admission to
an applicant who has failed to comply with Rule 4.25 or who has refused
to provide the Board with information material to the Board's inquiry
regarding the applicant's good moral character and fitness to practice
law. A recommendation that the Supreme Court deny admission under
this subsection shall not be subject to an evidentiary hearing under Rule
9.
(5) If the Board is not satisfied that the applicant has demonstrated that he
or she has the good moral character and fitness to practice law, the
Board shall provide the applicant with written notice of the Board’s
determination. The Board shall mail the notice by certified mail. The
notice shall describe the Board’s basis for its determination and shall
advise the applicant of the opportunity to seek an evidentiary hearing
pursuant to Rule 9.01.
6.10 List of Applicants; Publication
Prior to each examination, or 45 days prior to admission, the Board shall cause the
names of all applicants to be published online in the Oregon State Bar Bulletin or
other publication as approved by the Court.
6.15 Applicant Must be Recommended by a Majority of the Board
(1) Subject to review by the Court under Rule 9.60, an applicant may not
be admitted to practice law in Oregon unless at least a majority of all
non-recused members of the Board considers the applicant to be
qualified by age and by the requisite moral character, fitness, learning
and ability.
PAGE 26 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(2) The Board may recommend that an applicant be
(a) Denied admission for failure to comply with Rule 6.05(4);
(b) Denied admission after an evidentiary hearing, as provided in
Rule 9.55(4);
(c) Admitted conditionally, subject to probationary terms as specified
by the Board; or
(d) Admitted unconditionally.
(3) The Board may recommend specific probationary terms for admission,
including, but not limited to, requiring alcohol or drug treatment,
requiring medical care, requiring psychological or psychiatric care,
requiring professional office practice or management counseling,
requiring practice supervision, and requiring professional audits or
reports. The Board may recommend persons to supervise the probation
and may recommend that cooperation with such supervisors be a
probationary term. The Board may recommend that violation of any
probationary term be grounds for revocation of probation and imme-
diate suspension from the practice of law. The Board may recommend
a specific duration for such probationary terms.
PAGE 27 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
PROFESSIONAL RESPONSIBILITY EXAMINATION
7.05 Time and Place
(1) Every applicant for admission by examination, by UBE score earned in
another jurisdiction under Rule 19.05, and as house counsel under Rule
16.05 is required to pass a Professional Responsibility Examination as a
requirement for admission. The passing score for each examination shall
be determined by the Court upon the recommendation of the Board.
The examination shall be the Multistate Professional Responsibility
Examination (MPRE) as given under the auspices of the National Confer-
ence of Bar Examiners (NCBE). The MPRE will be conducted at the times,
places and in the manner prescribed by the NCBE or its duly authorized
representatives.
(2) The applicant may take the MPRE at any location where it is given, and
may take it before graduation from law school. The applicant may take
the MPRE as many times as is necessary to pass.
(3) The applicant must either:
(a) Achieve the passing score determined by the Court as provided in
paragraph (1) above within 36 months prior to applying for admission to
the Oregon State Bar or while an application is pending; or
(b) Have been admitted in another jurisdiction where passage of the MPRE
is required for admission and has substantially and continuously
engaged in the practice of law for at least 12 months in that jurisdiction.
PAGE 28 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION
8.05 Report by Board of Bar Examiners; Notice to Applicant
(1) Not later than the 60th day after the date prescribed for the written
examination in Rule 5.05, the Board shall file with the Court a written
report identifying by number each applicant whom the Board recom-
mends for admission on the examination.
(2) As soon as the Court has acted upon the report, the Board shall notify
each applicant whether the applicant has passed or failed the exami-
nation and whether or not the applicant has been recommended for
admission on moral character and fitness grounds. Notice shall be given
through any reasonable written or electronic means.
(3) If the Board is unable to complete its investigation of an applicant's
moral character and fitness and make a recommendation to the Court
at the time the results of the applicant's written examination are
reported to the Court, the Board shall make its report as soon as possible
thereafter. As soon as the Court has acted on the report, the Board shall
notify the applicant whether the applicant has been recommended for
admission on moral character and fitness grounds.
8.10 Qualifications for Admission; Oath of Office
(A) Examination Applicants
(1) In order to be qualified to be admitted to the practice of law in Oregon,
an applicant must have passed the Oregon Bar Examination and the
Multistate Professional Responsibility Examination, be at least 18 years of
age at the time of admission, and be approved for admission by the
Court on moral character and fitness grounds.
(2) Each qualified applicant must execute a prescribed oath of office to be
filed with the State Court Administrator at the admission ceremonies, or
as provided in subsections (3), (4) or (5) of this rule. Each applicant's date
of admission shall be the date the oath of office is received by the State
Court Administrator.
(3) A qualified applicant who does not take and file the oath of office at
the time of the admission ceremonies may take such oath before any
person authorized by law to administer oaths in the jurisdiction within
which the applicant may be. The date of admission cannot be prior to
PAGE 29 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
the admission ceremonies next following the date that notice is pro-
vided advising that the applicant passed the bar examination.
(4) An applicant who does not take and file the oath of office within thirteen
months after the date of the notice advising that the applicant passed
the bar examination shall, prior to admission, file an application for
admission as prescribed by the Board and pay the fees prescribed by
Rule 4.10(1)(d). Such applicant shall be permitted to take the oath of
office when found by the Court to have the requisite moral character
and fitness to practice law, learning and ability. Such oath of office must
be filed within one year of being advised that applicant is eligible for
admission pursuant to this subsection.
(5) An applicant who does not take and file the oath of office within three
years after the date of the notice advising that the applicant passed the
bar examination shall, prior to admission, file an application for
admission as prescribed by the Board and pay the fees prescribed by
Rule 4.10(1)(d), and shall be required to either (a) demonstrate that the
applicant has been actively, substantially and continuously engaged in
the practice of law for at least three of the five years immediately
preceding the application or (b) take and pass the bar examination
and the Multistate Professional Responsibility Examination within the
provisions of Rule 7.05. Such applicant shall be permitted to take the
oath of office when found by the Court to have the requisite moral
character and fitness to practice law, learning and ability. Such oath of
office must be filed within one year of being advised that applicant is
eligible for admission pursuant to this subsection.
(6) An applicant who does not take and file the oath of office within five
years after the date of the notice advising that the applicant passed the
bar examination shall, prior to admission, file an application for
admission as prescribed by the Board and pay the fees prescribed by
Rule 4.10 and take and pass the bar examination and the Multistate
Professional Responsibility Examination within the provisions of Rule 7.05.
Such applicant shall be permitted to take the oath of office when found
by the Court to have the requisite moral character and fitness to
practice law, learning and ability.
(B) Other Applicants
(1) In order to be qualified to be admitted to the practice of law in Oregon,
an applicant must meet the requirements of the rules under which the
PAGE 30 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
applicant seeks admission and be approved for admission by the Court
on moral character and fitness grounds.
(2) Each qualified applicant must execute an oath of office prescribed by
the Court. The applicant shall file the executed oath of office with the
Admissions Department of the Oregon State Bar, who will forward it to
the State Court Administrator when the applicant is recommended to
the Court for admission. Each applicant’s date of admission shall be the
date the Order of Admission is issued by the Court. Applicants must
comply with the requirements of Admission Rule 8.20 (Address and
Telephone Designation).
8.15 Residency
Oregon residency is not required for admission to the Oregon State Bar.
8.20 Address and Telephone Number Designation
(1) Applicants, at the time of admission, must designate on a form
approved by the Oregon State Bar, a current business address and
telephone number, or in the absence thereof, a current residence
address and telephone number. A post office address designation must
be accompanied by a street address.
(2) It is the duty of all applicants promptly to notify the Oregon State Bar in
writing of any change in his or her business address or telephone
number, or residence address or telephone number, as the case may
be. A new designation shall not become effective until actually
received by the Oregon State Bar.
8.21 Continuing Legal Education on Oregon Law
As part of completing the 15 hours of accredited CLE activity required by MCLE
Rule 3.3(b) to be completed in the first reporting period after admission as an
active member, every applicant admitted by examination after June 1, 2017,
shall complete and certify that, of the 15 required hours, 1 hour of the 2 credit
hours in ethics is devoted to Oregon ethics and professionalism, and 4 hours of the
10 credit hours in practical skills is devoted to Oregon practice and procedure, as
regulated and approved by the Board.
PAGE 31 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
EVIDENTIARY HEARINGS FOR APPLICANTS WHOSE
MORAL CHARACTER OR FITNESS TO PRACTICE LAW IS AT ISSUE
Procedural Framework and Responsibilities
9.01 Request for Hearing
An applicant, upon receipt of the notice described in Rule 6.05(5), may request
that the Board hold an evidentiary hearing on the issues described in the notice,
for the purpose of determining whether the applicant has the good moral
character and fitness to practice law. Such request must be in writing and must
be delivered by hand or by certified mail to the admissions office within 30 days
of the date listed on the notice. If the applicant does not do so, the Board shall
recommend that admission be denied pursuant to Rule 6.15(2)(a). If the applicant
requests a hearing, the Board shall establish a hearing panel and refer the matter
to the panel, as described in the following rules.
9.05 Establishment of Hearing Panel
Three members of the Board shall constitute a Board of Bar Examiners hearing
panel ("hearing panel") and shall perform the responsibilities of a hearing panel
for character and fitness review as set out in these rules. The chair of the Board
shall appoint a hearing panel for each character review proceeding, including
at least one public member of the Board on each hearing panel, and shall
appoint a member of the hearing panel to preside in the proceeding. If a
member of a hearing panel is not able to participate in a character review
proceeding, the chair of the Board shall appoint a member of the Board as a
replacement.
9.10 Initiation and Purpose of a Character Review Proceeding
(1) Initiation. A hearing panel shall commence a proceeding, to be known
as a character review proceeding:
(a) Upon the Board’s referral of a matter to a hearing panel, or;
(b) In any matter where the Court does not accept the Board’s
recommendation to admit an applicant to practice, if the Board's
recommendation to admit was made without a hearing panel
having conducted a character review proceeding. See Rule
9.60(7).
(2) Purpose. The hearing panel, in its character review proceeding, shall
inquire into whether an applicant possesses the requisite character and
fitness to practice law in Oregon.
PAGE 32 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(3) Definition. "Character and fitness", as used in these rules, shall mean the
"good moral character" and fitness required to practice law in Oregon,
pursuant to ORS 9.220(2) and these Rules.
9.15 Appointment of a Special Investigator
The chair of the Board shall appoint a special investigator in each matter that is
referred to a hearing panel. A special investigator shall be a member of the
Oregon State Bar, shall not be a member of the Board, and shall perform the
responsibilities of the special investigator as set out in these rules.
9.20 Responsibilities of the Special Investigator
(1) Investigation. The special investigator shall investigate facts relevant to
an applicant's character and fitness, including but not limited to the
particular matter(s) that prompted the referral.
(2) Notice. The special investigator, if requested by the presiding member
of the hearing panel, shall draft a proposed statement of the matters
asserted or charged. That proposed statement shall be submitted to the
presiding member, for the presiding member to refer to in preparing the
notice of the character review proceeding as described in Rule 9.35(5).
(3) Presentation of evidence. The special investigator shall present evi-
dence at the character review proceeding relevant to the matters
asserted or charged in the notice of the proceeding.
(4) Additional duties. The special investigator shall perform such other duties
related to the character review proceeding as the presiding member of
the hearing panel or the Board may direct.
9.25 Responsibility of the Hearing Panel
The entire hearing panel shall consider the record of the character review
proceeding and shall submit, in writing, a proposed decision for action by the
Board.
9.30 Responsibility of the Board of Bar Examiners
The Board, including members of the Board who also served on the hearing panel,
shall recommend to the Court whether an applicant should be admitted to the
practice of law in Oregon, denied admission, or conditionally admitted.
PAGE 33 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
The Character and Fitness Review Proceeding
9.35 Notice
(1) Generally. When the presiding member of the hearing panel believes
that adequate information exists for the special investigator to proceed
toward a hearing at a date certain upon identifiable issues of an
applicant's character and fitness, the presiding member shall notify the
applicant that a character review proceeding will take place.
(2) Means of notice. Notice shall be in writing, mailed by certified mail,
return receipt requested, marked "Personal and Confidential,"
addressed to the applicant's mailing address on file with the Admissions
Manager.
(3) proceeding to determine applicant's fitness to practice law in Oregon
shall be conducted before a Board hearing panel, pursuant to ORS
9.220(2) and the Rules for Admission of Attorneys. A copy of the Rules for
Admission of Attorneys pertaining to the character review proceeding
shall be attached to the notice.
(4) Date, time, location, presiding member. Notice shall state the date,
time, and location set for the character review proceeding. The date of
the proceeding shall give the applicant reasonable time to prepare.
Notice shall state the name, business address, and business telephone
number of the presiding member of the hearing panel.
(5) Statement of issues. Notice shall contain a short and plain statement of
the matters asserted or charged and the applicant's burden of proof.
(6) Statement of rights. The applicant shall have the right to respond at the
character review proceeding to the matters asserted or charged in the
notice, including the right to present evidence and to question wit-
nesses. The applicant shall have the right to be represented by retained
counsel in the character review process, including at the character
review proceeding. Notice shall advise the applicant of these rights.
(7) Statement of right to take exceptions. The applicant shall have the right
to take exception in writing within 21 days to the Hearing Panel's
proposed decision. See Rule 9.50(3). Notice shall so advise the appli-
cant.
9.40 Discovery
(1) Depositions. Upon petition of the applicant or the special investigator,
the presiding member of the hearing panel may order that the
PAGE 34 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
testimony of any material witness may be taken by deposition in the
manner prescribed by law for depositions in a civil action. Depositions
may also be recorded by the use of audio or audio-visual recordings. If
the witness resides in Oregon and is unwilling to appear, the presiding
member may issue a subpoena requiring the appearance of the witness
for deposition.
(2) Subpoenas. The presiding member of the hearing panel shall provide
subpoenas to the applicant or the special investigator for the
appearance of designated witnesses or the production of discoverable
materials, upon a showing of general relevance and reasonable scope
of the evidence sought. The subpoenas shall be enforceable in circuit
court by contempt.
(3) List of witnesses and exhibits. The applicant and the special investigator
shall provide to each other, and to the presiding member of the hearing
panel, a list of witnesses that they expect to call to testify and a list of
exhibits that they will seek to introduce into evidence at the character
review proceeding. The presiding member shall set a date at least one
week in advance of the proceeding on which the lists will be due, and
the lists shall be modified if circumstances change after the original
submission.
9.45 The Proceeding
(1) Record. The record of the character review proceeding includes the
notice of the proceeding; motions; rulings; evidence offered, received,
or considered; stipulations; facts officially noticed; offers of proof; the
verbatim record of the character review proceeding; and any
authorized post-proceeding submission or exception taken.
(2) Recording, transcription. A verbatim record of the character review
proceeding shall be made. The presiding member of the hearing panel
may select whether to create the record by use of an audio recording,
audio-visual recording, stenographic record, or a combination. The
record need not be transcribed unless requested. If the applicant
requests that a transcript be made, the applicant shall pay the cost of
transcription.
(3) Subpoenas. The presiding member of the hearing panel shall provide
subpoenas to the applicant or the special investigator for the
appearance of designated witnesses or the production of evidence,
upon a showing of general relevance and reasonable scope of the
PAGE 35 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
testimony or evidence sought. The subpoenas shall be enforceable in
circuit court by contempt.
(4) Evidence.
(a) Admissible evidence. Evidence shall be admissible if it is of a type
commonly relied upon by reasonably prudent persons in the
conduct of their affairs.
(b) Inadmissible evidence. Irrelevant or unduly repetitious evidence
should be excluded.
(c) Rulings. The presiding member of the hearing panel shall rule on
the admissibility or exclusion of evidence. Objections may be
made by the special investigator, the applicant, or the presiding
member of the hearing panel. Evidentiary rulings, if not made at
the character review proceeding, shall be made on the record,
at or before the time that the hearing panel submits its proposed
decision to the Board.
(d) Exhibits. Exhibits offered or received into evidence shall be marked
and shall be maintained as part of the record of the character
review proceeding.
(e) Telephonic evidence. The presiding member of the hearing panel
may, upon request, permit testimony to be offered by telephonic
communication.
(f) Oath. All testimony shall be given under oath.
(5) Conduct of the proceeding.
(a) Authority of presiding member. The character review proceeding
shall be under the control of the presiding member of the hearing
panel. The presiding member of the hearing panel shall make all
rulings. These rulings may, in the presiding member's discretion, be
made after consultation with other members of the hearing
panel.
(b) Harmless error. Any error in procedure, in admitting or excluding
evidence, or in ruling on evidentiary or discovery questions shall
not invalidate a finding or conclusion, or require that a new or
supplemental character review proceeding be conducted,
unless the error resulted in the denial of a fair hearing.
(c) Elements of the proceeding. The character review proceeding
shall be conducted, subject to the discretion of the presiding
PAGE 36 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
member of the hearing panel, to include the following: (i) the
statement and evidence of the special investigator; (ii) the
statement and evidence of the applicant; (iii) any rebuttal and
surrebuttal evidence; (iv) any closing statements.
(d) Questioning of witnesses. The special investigator, the applicant,
and any member of the hearing panel may question any witness.
The presiding member of the hearing panel shall determine the
order of questioning and may set reasonable time limits for
testimony.
(e) Submissions after the proceeding. The presiding member of the
hearing panel may request or authorize the special investigator or
the applicant to submit, after the conclusion of the character
review proceeding, additional evidence, written argument, or a
proposed form of recommended disposition with findings of fact
and conclusions.
(f) If the Presiding Member determines that remote participation is
necessary to comply with local, state or national health orders or
recommendations, or the parties so stipulate, the Presiding
Member may order that a Character Review Proceeding take
place by videoconference, or such other means that allows for
remote participation of all parties.
(6) Burden of proof. To be entitled to admission to the practice of law in
Oregon, an applicant must establish by clear and convincing evidence
that she or he has the requisite character and fitness to practice law.
The Decision-Making Process
9.50 The Hearing Panel Decision Making Process
(1) Hearing Panel proposed decision. The hearing panel shall consider the
record made at the character review proceeding, including any
authorized post-proceeding submission by the applicant or the special
investigator. The hearing panel shall submit, in writing, a proposed
decision for action by the Board, including findings of fact and con-
clusions, based exclusively on the record of the character review
proceeding.
(2) Minority report. Any member of the hearing panel may submit a
separate statement of views to the Board, in writing, in whatever form
that the member deems appropriate.
PAGE 37 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(3) Notice, exceptions. The hearing panel shall mail its proposed decision to
the applicant. The mailing shall state its date of mailing and shall notify
the applicant that the applicant may file with the Board any exceptions
to the hearing panel's proposed decision. Exceptions shall be in writing
and must be received by the office of the Admissions Manager within
21 days of the stated date of the mailing.
9.55 The Board of Bar Examiners Decision Making Process
(1) Considerations of the Board. The Board, including the members of the
hearing panel, shall consider the record of the character review
proceeding, in addition to the proposed decision of the hearing panel,
any exceptions taken to the hearing panel's proposed decision, and
any member's separate statement. The Board decision, in the form of a
recommendation to the Court, shall be based exclusively on the record
of the character review proceeding.
(2) Oral argument. The Board may, in its discretion, permit the applicant
and the special investigator to present oral argument to the Board,
based exclusively on the record of the character review proceeding.
(3) Further proceedings. The Board may refer a matter back to the hearing
panel for further proceedings if the Board concludes that the record
does not provide an adequate basis for the Board's decision. The Board
itself may, in lieu of a referral back to the hearing panel, hear or receive
such additional evidence as the Board may require for its decision,
including the taking of testimony from witnesses who have already
appeared before the hearing panel on subjects covered by the prior
testimony.
(4) Form of decision. The Board shall issue its decision in writing. If, following
a character review proceeding, a majority of the non-recused members
of the Board recommends that an applicant be admitted to the
practice of law, the decision shall be in a form sufficient to apprise the
court of the basis for the decision. If one-half or more of all non-recused
members of the Board recommends that an applicant be denied
admission or be conditionally admitted, the decision shall contain a
proposed disposition, including findings of fact and conclusions. The
Board’s decision may adopt, reject, or modify all or any part of the
hearing panel's proposed decision.
PAGE 38 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(5) Minority report. Any member of the Board may submit a separate
statement of views, in writing, in whatever form that the member deems
appropriate.
(6) Notice of decision. The Board shall mail its decision to the applicant. The
mailing shall notify the applicant of the right to petition the Court to
adopt, modify, or reject the decision of the Board, pursuant to Rule
9.60(1).
(7) Receipt of Decision. The applicant shall be deemed to have received
the notice of the decision pursuant to rule 9.55(6) on the day the
applicant signs a receipt for the mailing, or three days after the mailing
if mailed via regular US mail to an address within the state, or seven days
after the mailing if mailed via regular US mail to an address outside of
the state, whichever first occurs.
9.60 The Supreme Court Review of Board of Bar Examiners Decision
(1) Petition. An applicant may petition the Court to adopt, modify, or reject,
in whole or in part, the decision of the Board. The petition shall be filed
in accordance with the Oregon Rules of Appellate Procedure.
(2) Within 14 days following receipt of service of a petition filed under Rule
9.60(1), the Board shall file its decision, accompanied by the record, with
the State Court Administrator, Appellate Records Section.
(3) Briefs and Citation to Record:
(a) The due dates and formats for the parties’ briefs, shall be
governed by the applicable Oregon Rules of Appellate Proce-
dure.
(b) Citation to record required. If the applicant contests the Board’s
recommended disposition, the applicant shall direct the Court to
all pertinent portions of the record, including items in support of
and contrary to the applicant's position.
(4) Oral argument. The Oregon Rules of Appellate Procedure relative to oral
argument shall apply in any matter in which the Board’s decision
recommends that an applicant be denied admission or be conditionally
admitted. The applicant shall argue first.
(5) De novo review. Whether or not an applicant petitions the Court for
review of a decision of the Board, the Court shall review de novo the
record of a character review proceeding to determine whether an
applicant should be admitted to the practice of law in Oregon, denied
PAGE 39 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
admission, or conditionally admitted. The Court's decision shall be based
exclusively on the record of the character review proceeding.
(6) Remand for further proceedings. The Court may remand a matter back
to the Board for such further evidentiary proceedings as the Court may
direct, if the Court concludes that the record does not provide an
adequate basis for the Court's decision.
(7) Remand for an original proceeding. If the Court is unwilling to accept a
Board recommendation to admit an applicant to practice, and if the
Board’s recommendation to admit was made without a character
review proceeding having been held, then the Court shall remand the
matter back to the Board for a character review proceeding to be
commenced. The Court may limit or direct the scope of the character
review proceeding on remand.
(8) Finality of Court's Decision. The Court's decision to admit an applicant to
the practice of law in Oregon, to deny admission, or to admit an
applicant conditionally, shall be a final decision of the Court, subject to
the Oregon Rules of Appellate Procedure respecting such decisions.
PAGE 40 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
OREGON COUNCIL ON LEGAL EDUCATION AND ADMISSION TO THE BAR
10.05 Composition and Duties of Council
(1) There shall be an Oregon Council on Legal Education and Admission to
the Bar (Council), the purpose of which is to promote cooperation
between the Court, the law schools, the Board, and the Oregon State
Bar, with the object of improving legal education and the bar admis-
sions process.
(2) The Council is composed of:
(a) A justice selected by the Court, who shall be chair of the Council;
(b) The dean of each law school in Oregon approved by the
American Bar Association, and a member of the faculty selected
by each dean;
(c) A member of the Oregon State Bar Board of Governors selected
by the President of the Oregon State Bar;
(d) The executive director of the Oregon State Bar; and
(e) The members of the Board.
(3) The Council shall meet at least annually at such times as it considers
advisable. The agenda for the annual meeting shall be proposed by the
Board and approved by the members of the Council.
PAGE 41 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION OF LAW TEACHERS
11.05 Admission of Law Teachers
A person who is a regular, full-time member of the faculty of any law school in this
state approved by the Court, who has graduated from a law school approved
by the American Bar Association, earning a Juris Doctor Degree, and who has
passed a bar examination substantially equivalent to the Oregon Bar Examination
and been admitted to practice law in another state, federal territory or
commonwealth or the District of Columbia, may be admitted to practice in this
state by the following procedure:
(1) After serving at least one year on the faculty of a law school in this state
approved by the Court, such person may apply for a teacher's
admission to practice by filing an application as prescribed in Rule 4.15.
(2) The applicant shall pay the fees prescribed in Rule 4.10.
(3) The applicant shall be investigated as prescribed in Rule 6.05 to 6.15.
(4) If a majority of the non-recused members of the Board considers the
applicant to be qualified as to the requisite moral character and fitness
to practice law, the Board shall recommend the applicant to the Court
for admission as a teacher-member.
(5) If the Court considers the applicant qualified for a teacher's admission,
it shall admit the applicant as a teacher-member. A teacher-member
shall have all the rights and obligations of the Bar of Oregon except
permanent admission.
(6) In order to remain a teacher-member, such person must continue as a
regular, full-time member of the faculty of a law school in this state
approved by the Court.
PAGE 42 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
FOREIGN LAW CONSULTANTS
12.05 Licensing of Foreign Law Consultants
(1) A person who is licensed to practice law in a foreign jurisdiction, as
defined in ORS 9.242 for purposes of this rule, as an attorney or counselor
at law or the equivalent and who complies with the provisions of this rule
for licensing of foreign law consultants may advise on the law of that
foreign jurisdiction in the state of Oregon to the extent allowed by this
rule. Although a person licensed as a foreign law consultant pursuant to
this rule shall be subject to this rule and the provisions of ORS Chapter 9,
the Oregon Rules of Professional Conduct, and the Oregon State Bar
Rules of Procedure, such person shall not be considered an Oregon
attorney or be a member of the Oregon State Bar.
(2) In its discretion, the Court may license to practice as a foreign law
consultant, without examination, an applicant who:
(a) For a period of not less than 5 of the 7 years immediately pre-
ceding the date of application:
(i) has been admitted to practice and has been in good
standing as an attorney or counselor at law or the equiva-
lent in a foreign jurisdiction; and
(ii) has engaged either in the practice of law in such jurisdiction
or in a profession or occupation that requires admission to
practice and good standing as an attorney or counselor at
law or the equivalent in such jurisdiction;
(b) Possesses the fitness and good moral character, as defined in ORS
9.220(2) and these rules, required for admission to practice as an
attorney in the state of Oregon;
(c) Intends to practice as a foreign law consultant in the state of
Oregon; and
(d) Is at least 18 years of age.
(3) The procedure for application to the Court to be licensed as a foreign
law consultant shall be as follows:
(a) Every applicant for a license as a foreign law consultant shall file
with the Admissions Manager a verified typewritten application
on a form approved by the Board, in duplicate, setting forth, in
English:
PAGE 43 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(i) the applicant's name, age, current and last place of
residence;
(ii) the character and term of the applicant's law study,
including the name of each institution of law the applicant
attended and graduated from and what degree the
applicant received from each;
(iii) the names of all courts or other licensing authorities to which
the applicant has made applications to practice, including
the dates the applicant has taken examinations and the
dates the applicant has been admitted to practice as an
attorney or counselor at law or equivalent or as a foreign
law consultant or equivalent;
(iv) whether the applicant has been the subject of any invest-
igation or proceeding for professional misconduct and, if
so, the substance of any such investigation or proceeding
and its adjudication or resolution; and
(v) whether the applicant has ever been rejected upon an
application to practice before any court or other licensing
authority in any jurisdiction.
(b) The application shall be accompanied by the following
documents, together with duly authenticated English translations
if such documents are not in English:
(i) a certificate from the authority having final jurisdiction over
professional discipline in the foreign jurisdiction in which the
applicant is admitted to practice which shall be signed by
a responsible official or one of the members of the
executive body of such authority and which shall be
accompanied by the official seal, if any, of such authority
and which shall certify:
1. as to the authority's jurisdiction in such matters;
2. as to the applicant's admission to practice in such
foreign jurisdiction, including the date thereof, and as
to the applicant's good standing as an attorney or
counselor at law or the equivalent therein; and
3. as to whether any charge or complaint has ever
been filed against the applicant with such authority
PAGE 44 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
and, if so, the substance of each such charge or
complaint and the adjudication or resolution thereof;
(ii) a letter of recommendation from one of the members of
the executive body of such authority or from one of the
judges of the highest law court or court of general original
jurisdiction of such foreign jurisdiction certifying to the
applicant's professional qualifications, together with a
certificate from the clerk of such authority or of such court,
as the case may be, attesting to the office held by the
person signing the letter and the genuineness of the
person's signature;
(iii) a letter of recommendation from at least two attorneys or
counselors at law or the equivalent admitted in and prac-
ticing in such foreign jurisdiction setting forth the length of
time, when and under what circumstances they have
known the applicant and their appraisal of the applicant's
moral character;
(iv) a letter of recommendation from at least two attorneys
admitted to practice in the state of Oregon setting forth the
length of time, when and under what circumstances they
have known the applicant and their appraisal of the
applicant's moral character; and
(v) such other relevant documents or information as may be
requested by the Court or the Board.
(c) The Board is authorized to conduct investigations and to convene
evidentiary hearings for the purpose of determining whether an
applicant possesses the good moral character and general
fitness to practice as a foreign law consultant in Oregon. The
Board may, as necessary, issue subpoenas to secure information
material to the Board's inquiry. An applicant may be denied
admission as a foreign law consultant for refusing to provide the
Board with information material to the Board's inquiry regarding
the applicant's good moral character and general fitness to
practice as a foreign law consultant. Subject to review by the
Court under Rule 9.60, an applicant may not be recommended
for admission as a foreign law consultant in the state of Oregon
unless at least a majority of all nonrecused members of the Board
PAGE 45 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
considers the applicant to be of good moral character and to
have the general fitness to practice as a foreign law consultant.
(d) In considering whether to license an applicant as a foreign law
consultant under this rule, the Court may, in its discretion, take into
account whether an attorney admitted to practice in the state of
Oregon would have a reasonable and practical opportunity to
establish an office for the giving of Oregon legal advice in the
applicant's jurisdiction of admission.
(e) Application and investigation fees as prescribed by the Board
and approved by the Court shall accompany each application.
(f) The Admissions Manager shall cause the name of all applicants to
be published in the Oregon State Bar Bulletin or other publication
approved by the Court.
(4) Upon a showing that compliance with the provisions of paragraphs
(2)(a) or (3)(b) of this rule would cause an applicant unnecessary
hardship, or upon a showing of exceptional professional qualifications
to practice as a foreign law consultant, the Court may, in its discretion,
waive or vary the application of such provisions and permit the
applicant to make such other showing as is satisfactory to the Court for
admission as a foreign law consultant in Oregon.
(5) A person licensed as a foreign law consultant under this rule may
provide legal advice on the law of his or her foreign jurisdiction in the
state of Oregon pursuant to this rule; provided that a foreign law
consultant shall not:
(a) Appear for another person as an attorney in any court or before
any magistrate or other judicial officer in the state of Oregon or
prepare pleadings or any other papers in any action or pro-
ceeding brought in any such court or before any such judicial
officer, except as authorized by ORS 9.240;
(b) Prepare any deed, mortgage, assignment, discharge, lease,
agreement of sale or any other instrument affecting title to real
estate located in the United States of America;
(c) Prepare any will, trust or any other instrument affecting the dis-
position of any property located in the United States of America
and owned by a resident thereof;
(d) Prepare any instrument relating to the administration of a dece-
dent's estate in the United States of America;
PAGE 46 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(e) Prepare any instrument in respect of the marital relations, rights or
duties of a resident of the United States of America or the custody
or care of the children of such a resident;
(f) Render legal advice on the laws of the state of Oregon or the
United States of America or any other state or territory of the
United States of America or the District of Columbia or any foreign
jurisdiction, other than the foreign law consultant's jurisdiction of
admission as an attorney or counselor at law or the equivalent,
whether rendered incident to the preparation of legal instruments
or otherwise, except on the basis of advice from a person
admitted to practice law as an attorney in the state of Oregon or
such other state or territory or the District of Columbia or as an
attorney or counselor at law or the equivalent in such other
foreign jurisdiction who has been consulted by the foreign law
consultant in the particular matter at hand and who has been
identified to the client by name;
(g) Represent in any way that such person is licensed as an attorney
in the state of Oregon or as an attorney or foreign law consultant
or the equivalent thereof in another state or territory or the District
of Columbia or as an attorney or counselor at law or the
equivalent thereof in a foreign jurisdiction, unless so licensed; or
(h) Use any title other than "foreign law consultant” except that such
person's authorized title and firm name in the foreign jurisdiction in
which such person is admitted to practice as an attorney or
counselor at law or the equivalent may be used if the title, firm
name and the name of such foreign jurisdiction are stated
together with the title "foreign law consultant."
(6) Each person licensed to practice as a foreign law consultant under this
rule shall comply with the terms of ORS Chapter 9, the Oregon Rules of
Professional Conduct and the Oregon State Bar's Rules of Procedure,
unless otherwise inconsistent with the provisions of this rule.
(7) Each person applying for a license to practice as a foreign law
consultant under this rule shall execute and file with the Admissions
Manager, along with the application, in such form and manner as the
Board may prescribe:
(a) a statement that the foreign law consultant has read and agrees
to comply with ORS Chapter 9, these rules, the Oregon Rules of
PAGE 47 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
Professional Conduct and the Oregon State Bar's Rules of Proce-
dure;
(b) an undertaking or appropriate evidence of professional liability
insurance, in such amount as required of attorneys through the
Oregon State Bar Professional Liability Fund or as the Board may
prescribe, to assure such foreign law consultant's proper
professional conduct and responsibility;
(c) a duly acknowledged instrument in writing setting forth such
foreign law consultant's address within the state of Oregon and
designating a resident active member of the Oregon State Bar as
such foreign law consultant's agent upon whom bar documents
or bar or general process may be served, with like effect as if
served personally upon such foreign law consultant, in any inquiry,
action or proceeding thereafter brought against such foreign law
consultant whenever after due diligence service cannot be
made upon such foreign law consultant at such address; and
(d) a commitment to notify the Admissions Manager of any resig-
nation or revocation of such foreign law consultant's admission to
practice in the foreign jurisdiction of admission, or of any censure,
reprimand, suspension or expulsion in respect of such admission.
(8) Complaints to, and other authorized inquiries by, the Oregon State Bar
concerning a foreign law consultant shall be considered and resolved
in the same manner as those made about members of the Oregon State
Bar pursuant to the provisions of ORS Chapter 9 and the Oregon State
Bar Rules of Procedure.
PAGE 48 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
TEMPORARY SUPERVISED PRACTICE RULES
13.01 Purpose of Temporary Supervised Practice Rules
The bench and the bar are primarily responsible for providing competent legal
services for all persons, including those unable to pay reasonable fees for these
services. In an effort to meet the needs of the legal consumer public, expand the
diversity of the Oregon bar and to increase access to justice, the following rules
are adopted to permit qualified persons to engage in the temporary limited
practice of law prior to their admission by examination or other alternative means.
All temporary practices must occur under the supervision of a current member of
the Oregon State Bar.
PAGE 49 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
LAW STUDENT APPEARANCE PROGRAM
13.05 Purpose of Law Student Appearance Program
The bench and the bar are primarily responsible for providing competent legal
services for all persons, including those unable to pay reasonable fees for these
services. As one means to develop trial and appellate advocacy skills and to
encourage law schools to provide clinical instruction in trial and appellate work,
Rules 13.05 to 13.30 are adopted. Nothing contained in these rules shall affect the
right of any person who is not admitted to the practice of law to do anything that
the person might lawfully have done prior to the adoption of these rules.
13.10 Appearances and Activities of Eligible Law Student
(1) An eligible law student may appear before any court or before any
administrative tribunal in this state in accordance with this rule. As used
herein, "appear" or "appearance" means personal appearance before
a court or an administrative tribunal.
(2) The law student shall at all times be subject to the supervision of a
member of the Oregon State Bar, except as provided in subparagraph
(3) of this rule.
(3) Subject to the client's approval as hereinafter provided, an eligible law
student may appear for a client, with or without the supervising attorney
being present, except as hereinafter provided. The extent of the law
student's participation shall be determined by the supervising attorney,
giving due consideration to the nature of the case, the ability and
experience of the student and the complexity of the factual and legal
issues involved.
(4) Except as provided for in subparagraph (5) of this rule, no law student
shall appear without the supervising attorney in (a) any criminal case in
which the defendant may be subject to a felony conviction, (b) any
juvenile case where the act committed by the juvenile if committed by
an adult would have been considered a felony, (c) any commitment
proceedings, or (d) any appellate court to make oral argument.
(5) Subject to the requirement of 13.20(2)(d) as to any law student eligible
through 13.20(2), an eligible law student may appear in any civil or
criminal matter, on behalf of the state or any other governmental body,
with the written consent of the supervising attorney of the state agency
or governmental body.
PAGE 50 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(6) No law student shall appear until the client, the supervising attorney and
the judge of the court or the presiding officer of the tribunal have
consented to such appearance. The supervising attorney shall be
responsible for explaining to the client the nature and extent of the law
student's participation and for obtaining the client's consent to such
participation. The client's consent shall be in writing and filed with the
court or tribunal and become part of the record of the case.
13.15 Other Activities of Eligible Law Student
(1) An eligible law student may engage in other activities, under the
general supervision of a member of the bar but outside the personal
presence of that attorney, including:
(a) Preparation of pleadings and other documents to be filed in any
matter in which the student is eligible to appear; but such
pleadings or documents must be signed by the supervising
attorney;
(b) Preparation of briefs, abstracts and other documents to be filed
in the appellate courts of this state; but such documents must be
signed by the supervising attorney;
(c) Assistance to indigent inmates of correctional institutions or other
persons convicted of crimes who request such assistance in pre-
paring habeas corpus applications and supporting documents for
post-conviction relief, except when the assignment of counsel in
the matter is required by any constitutional provision, statute or
rule of the Court; provided that if there is an attorney of record in
the matter, all such assistance must be supervised both by the
supervising attorney and the attorney of record, and all
documents submitted to the court on behalf of such client must
be signed by the attorney of record; and
(d) The taking of depositions or statements under oath, the prepara-
tion of affidavits or declarations of witnesses, negotiations and
investigations related to an active litigation matter.
(2) Each document or pleading prepared under subparagraph (1) of this
rule must contain the name of the eligible law student who has par-
ticipated in drafting it. If the student participated in drafting only a
portion of it that fact may be mentioned.
(3) Eligible law students may engage in non-litigation related matters, under
the general supervision of a member of the bar, but outside the personal
PAGE 51 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
presence of that attorney, including without limitation: client intake,
documents related to estate planning, contract drafting and
negotiations, documents related to interests in real estate and personal
property, and business formation. Any document prepared by the
eligible law student must be signed or approved by the supervising
attorney before execution by any interested party, and the document
must state the extent to which the student was involved in drafting the
document. If an activity does not result in a legal document to be
reviewed, a memorandum recording the eligible law student’s activities
must be kept in the file related to the relevant matter.
13.20 Requirements and Limitations
(1) Unless a law student falls within subsection (2) of this provision, to be
eligible for certification pursuant to these rules, a law student must:
(a) Be duly enrolled in or have graduated from a law school
approved by the American Bar Association;
(b) Have completed legal studies amounting to at least four
semesters of full-time law study or the equivalent, which may
include summer, night or externship courses;
(c) Be of good character and be adequately trained to perform
competently as a legal intern;
(d) Certify in writing to the dean of the law school that the student
has taken and passed either the Multistate Professional Respon-
sibility Examination (MPRE) or a course on professional respon-
sibility;
(e) Certify in writing to the dean of the law school that the student
has taken and passed a course on evidence; and
(f) Cause the dean of the student’s law school to certify that the
student is eligible under subsections (a), (b), (c), (d) and (e)
substantially in the form set forth in Appendix A.
(2) A student currently enrolled in a law school approved by the American
Bar Association need not satisfy section (1) to be eligible for certification,
but the law student must:
(a) Have completed legal studies amounting to at least two
semesters of full-time law study or the equivalent, which may
include summer, night or externship courses;
PAGE 52 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(b) Be of good character and be adequately trained to perform
competently as a legal intern;
(c) Be enrolled in a law school clinic class that trains students about
the relevant substantive, procedural and practical issues,
including evidence and professional responsibility.
(d) Be supervised by an active member of the Oregon State Bar, who
will be physically present at counsel table and able to supervise
the law student at all court appearances; and
(e) Cause the dean of the student’s law school to certify that the
student is eligible under 13.20(2), substantially in the form set forth
in Appendix B.
(3) A law student’s certification and ability to appear under section 13.20(2)
expires at the end of the law school clinic class.
(4) A certified law student shall neither ask for nor receive any compensa-
tion or remuneration of any kind for the student's services directly from
the client on whose behalf service is rendered; but an attorney, legal
aid organization, law school, public defender or any governmental
body may pay compensation to the eligible law student as an
employee, and the employer may charge for the student's services.
The certified law student's supervising attorney shall introduce the law student to
the court or tribunal in which the student is to appear.
13.25 Certification Procedure
The certification of a student by the law school dean:
(1) Shall be filed with the State Court Administrator and, unless it is with-
drawn sooner, shall remain in effect until twelve (12) months following
the date the student graduates from the law school. To file a
certification with the State Court Administrator, a law school dean may
email an electronic version of the signed certification to the Executive
Administrator for the Oregon Supreme Court, who acts as the State
Court Administrator's designee for the purpose of processing law student
certifications.
(2) May be withdrawn by the dean at any time by mailing a notice to that
effect to the State Court Administrator. It is not necessary that the notice
state the cause for withdrawal.
PAGE 53 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(3) May be terminated by the Court at any time without notice or hearing
and without any showing of cause. Notice of the termination shall be
filed with the State Court Administrator.
13.30 Supervision
The member of the bar under whose supervision an eligible law student does any
of the things permitted by these rules shall assume personal professional respons-
ibility for the student's guidance in any work undertaken and for supervising the
quality of the student's work. The supervising attorney shall assist the student's
analysis, preparation and performance to the extent the supervising attorney
considers appropriate, giving at all times consideration to the interests of the
client.
PAGE 54 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
APPENDIX A
CERTIFICATION OF ELIGIBILITY TO PARTICIPATE IN
LAW STUDENT APPEARANCE PROGRAM
I certify that: ______________________________________________________________
(1) Is duly enrolled in or has graduated from ____________________________,
a law school approved by the American Bar Association;
(2) Has completed legal studies amounting to at least four semesters of full-
time law study or the equivalent;
(3) Appears from all the information available to this law school to be of
good character and is adequately trained to perform competently as
a legal intern;
(4) Has certified to me that he or she has taken and passed either the
Multistate Professional Responsibility Examination (MPRE) or a course on
professional responsibility; and
(5) Has certified to me that he or she has taken and passed a course on
evidence.
_____________________________ ____________________________________
DATE DEAN
PAGE 55 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
APPENDIX B
CERTIFICATION OF ELIGIBILITY TO PARTICIPATE IN LAW STUDENT APPEARANCE
PROGRAM AS A STUDENT IN A LAW SCHOOL CLINIC
I certify that: _________________________________________________________________
(1) Is duly enrolled in a law school approved by the American Bar
Association;
(2) Has completed legal studies amounting to at least two semesters of full-
time law study or the equivalent;
(3) Appears from all the information available to this law school to be of
good character and is adequately trained to perform competently as a
legal intern;
(4) Is enrolled in a law school clinic class that trains students about the
relevant substantive, procedural and practical issues, including evi-
dence and professional responsibility.
(5) Will be closely supervised by an active member of the Oregon State Bar
who will be physically present at counsel table and able to supervise the
law student at all court appearances.
(6) Has been informed that this certification and the ability to appear in
Oregon’s courts will expire at the completion of the clinic class for which
this certification applies.
_____________________________ ____________________________________
DATE DEAN
PAGE 56 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
13.40 – 13.65 Reserved
PAGE 57 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
TEMPORARY PRACTICE PENDING ADMISSION BY ALTERNATIVE APPLICANTS
13.70 Eligibility
Applicants who meet the following criteria may register with Regulatory Counsel’s
Office in order to perform legal services that would otherwise require membership
in the Oregon State Bar, subject to the conditions and restrictions outlined in 13.70
to 13.85:
(1) Applicant must submit the application for Temporary Practice Pending
Admission by Alternative Applicants with Regulatory Counsel’s office
and pay the fee required under RFA 4.10(3);
(2) Concurrent with or prior to the submission of the application required by
RFA 13.70(1), applicant must submit to the Board an application for
admission to the Oregon State Bar pursuant to RFA 15.05, 16.05, 17.05,
18.05 and 19.15. Score transfer applicants (RFA 19.15) must be admitted
in at least one other United States jurisdiction at the time of the
temporary practice application;
(3) By filing the application with Regulatory Counsel’s Office, applicant
asserts that the applicant has a good faith belief that they meet the
requirements for admission to the Oregon State Bar, including the
requisite good moral character and fitness to practice law in Oregon;
(4) Applicant must not have been subject to disciplinary suspension or
disbarment in any other state, district or territory of the United States;
(5) Applicant must not have been previously denied admission to the
practice of law in any other state, district or territory of the United States
due to a determination that the applicant lacked the requisite good
moral character and fitness to practice law;
(6) Applicant must submit a certificate of good standing and disciplinary
statement from every state, district or territory in which applicant is
admitted to the practice of law;
(7) Applicant must submit proof of one of the following:
(a) Employment with a company whose legal services are provided
from an office physically located within the State of Oregon and
an affirmation that the applicant will provide legal services from
such office;
PAGE 58 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(b) Employment with a law firm who has an office physically located
within the State of Oregon and an affirmation that the applicant
will provide legal services from such office; or
(c) Association with an active member of the Oregon State Bar;
(8) The employer or associated Oregon lawyer identified in 13.70(7) must
identify a supervising attorney who is an active Oregon State Bar Mem-
ber in good standing. The supervising attorney must sign a declaration
acknowledging and agreeing that it is the supervising attorney’s
responsibility to oversee the conduct of the applicant, which includes
ensuring the applicant’s compliance with the Oregon Rules of Profes-
sional Conduct and avoidance of malpractice;
(9) Applicant must never have applied for temporary practice under these
rules before (excluding reinstatement applications authorized under
13.80); and
(10) Applicant must submit sufficient proof that applicant has maintained
active membership in at least one of the jurisdictions identified in RFA
13.70(6).
13.75 Duration, Termination Limits and Disclosures Required – Practice Pending
(1) No authorization to temporarily practice law under RFA 13.70 et seq.,
shall become effective until applicant has established to the Oregon
State Bar’s satisfaction that applicant meets the requirements of RFA
13.70 and, if engaging in the private practice of law, has provided a
certificate of insurance establishing that the Applicant’s legal activities
in the State of Oregon will be covered by a professional liability
insurance policy from, or substantially equivalent to, the Oregon State
Bar Professional Liability Fund plan.
(2) Upon confirmation that an applicant has met the requirements of RFA
13.70 and, if required, has sufficient insurance coverage to protect
Oregon legal consumers, Regulatory Counsel shall provide applicant
notice that the applicant is authorized to practice law subject to the
terms of RFA 13.70 et seq., and other relevant laws, rules and regulations
governing the applicant’s practice of law in Oregon.
(3) The ability to practice pending admission under this section shall
immediately terminate upon any of the following:
(a) Applicant is admitted to the practice of law in Oregon;
PAGE 59 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(b) Applicant withdraws the application for admission or if such
application is denied;
(c) Applicant becomes disbarred, suspended, or resigns while a
disciplinary action is pending in any other jurisdiction in which the
applicant is licensed to practice law;
(d) A formal complaint is filed against the applicant by the Disci-
plinary Counsel’s Office of the Oregon State Bar;
(e) An indictment is filed against the applicant; [and]
(f) Applicant is not admitted to the practice of law in Oregon within
one year of the date that the applicant first filed their application
under RFA 13.70(1); or
(g) Applicant does not maintain active membership in good standing
with at least one of the jurisdictions identified RFA 13.70(10).
(4) Upon termination of the practice pending admission under RFA
13.75(3)(b) – (g), the applicant shall not undertake any new representa-
tion that would require the applicant to be admitted to practice law in
Oregon and, within ten days, shall:
(a) cease to occupy an office or other systematic and continuous
presence for the practice of law in Oregon unless authorized to
do so pursuant to another Rule;
(b) notify all clients being represented in pending matters, and
opposing counsel or co-counsel, of the termination of the lawyer’s
authority to practice pursuant to the authority in this section; and
(c) take all other necessary steps to protect the interests of the
lawyer’s clients.
13.80 Change in Office/Association/Supervising Attorney
(1) Applicant’s ability to practice law shall be immediately suspended and
abated if the employment or association with the company, law firm, or
lawyer with whom the applicant originally sought a temporary practice
license under RFA 13.70(7) is terminated. [terminates.]
(2) Applicant must immediately notify Regulatory Counsel’s Office of any
termination of the relationship identified 13.80(1).
(3) Applicant’s ability to practice pending admission shall be reinstated if
applicant meets the following requirements within [ten] 30[-] days
PAGE 60 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
following the date that applicant was required to send notice to
Regulatory Counsel’s Office under RFA 13.80(2):
(a) Associate with another company, law firm or lawyer meeting the
requirements under RFA 13.70(7);
(b) Submit a new application for Temporary Practice Pending
Admission under RFA 13.70(1);
(c) Pays a new fee associated with Temporary Practice Pending
Admission under RFA 4.10(3);
(d) Have a new supervising attorney sign a new declaration identified
in RFA 13.70(8); and
(e) In the case of a house counsel applicant, file a new house counsel
application and any fee required under RFA 4.10(2);
(4) When a current supervising attorney has sought a leave of absence, has
been terminated by their common employer, or has been suspended or
disciplined by the Oregon State Bar, the related applicant’s temporary
practice permit shall be immediately and automatically suspended and
abated.
(a) The applicant must immediately notify Regulatory Counsel’s
Office of the change in the Supervising Attorney’s status.
(b) The suspended applicant shall have 60 days to find a replace-
ment Supervising Attorney and have that attorney submit a new
Supervising Attorney Declaration to Regulatory Counsel’s Office
without incurring any additional fees.
(c) If the suspended applicant goes beyond the 60-day period
described in RFA 13.80(4)(b), then the applicant must submit a
new application under RFA 13.70(1).
The one-year term deadline established under RFA 13.75(3)(f) shall
toll and be extended by the exact number of days that
applicant’s license was abated under RFA 13.80(3) or (4), up to
the maximum number of days stated in the applicable rule.(a)
13.85 Disciplinary Complaints, Program Oversight, Fees and Records
(1) If a complaint is filed against the Applicant with the Client Assistance
Office of the Oregon State Bar, the Applicant must immediately notify
Regulatory Counsel, the applicant’s employer and supervising attorney.
The applicant must include with the notice the actual complaint
PAGE 61 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
materials filed by the complaining party. Regulatory Counsel shall
forward the complaint to the Client Assistance Office and name the
supervising attorney as an additional attorney against whom the com-
plaint is filed.
(2) The temporary practices permitted by RFA 13.70 to 13.85 shall be
overseen and regulated by the Regulatory Counsel’s Office. The Board
shall not be responsible for any regulatory decisions made related to an
applicant or application pursuant to RFA 13.70 to 13.85.
(3) All application fees paid under RFA 13.70(1), shall be collected by the
Regulatory Counsel’s Office and not be considered part of the Board’s
budget.
(4) RFA 2.15 shall not apply to any applications or other documents
submitted to the Regulatory Counsel’s Office under RFA 13.70 to 13.85.
All such documents shall be public records
(5) Regulatory Counsel shall submit copies to the Board of any documents
related to the applicant’s application for practice pending admission
PAGE 62 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ATTORNEY EXCHANGE PROGRAM
14.05 Purpose of Attorney Exchange Program
As a means of furthering the legal education of attorneys and the development
of professional understanding of the practice of law in foreign jurisdictions, there
is established an Attorney Exchange Program between governmental bodies,
legal aid organizations or public defenders in Oregon, and governmental bodies,
legal aid organizations, or public defenders in foreign jurisdictions as defined in
ORS 9.242.
14.10 Requirements and Limitations
(1) To be eligible for participation pursuant to these rules, a foreign attorney
must:
(a) Be 18 years of age;
(b) Be licensed to practice law in a foreign jurisdiction as defined in
ORS 9.242;
(c) Be of good moral character and fit to practice law and be
adequately trained to perform competently as an attorney;
(d) Certify in writing to the Court that the foreign attorney has read
and is familiar with and will comply with the Oregon Rules of
Professional Conduct and ORS Chapter 9;
(e) Provide the Court with a current certificate of good standing or
comparable certificate as a member of the bar of the foreign
attorney's jurisdiction; and
(f) Cause the supervising attorney (who must be an active member
in good standing of the Oregon State Bar) of the governmental
body, legal aid organization, or public defender in Oregon to
certify to the Court that the foreign attorney will be supervised by
the supervising attorney and that the foreign attorney is eligible
under subsections (a), (b), (c), (d) and (e) of this section
substantially in the form set forth in Appendix B.
(2) Foreign attorneys must remain in good standing in their foreign juris-
dictions throughout their participation in the attorney exchange
program in Oregon.
PAGE 63 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
14.15 Petition Procedure
The petition of a foreign attorney shall be made to the Court, it shall be filed with
the State Court Administrator and it shall be substantially in the form set forth in
Appendix C. The certificate of the supervising attorney required by Rule 14.10 (1)
(f) shall be filed with the petition.
14.20 Approval, Withdrawal and Termination
(1) The Court, in its discretion, may approve the petition of a foreign attor-
ney. On approval, the foreign attorney shall be permitted to participate
in the program until the expiration of six months after the date of
approval. The foreign attorney, with the approval and recommendation
of the supervising attorney, may petition the Court for permission to
participate in the program for an additional six months.
(2) The foreign attorney or the supervising attorney may cause the foreign
attorney's participation in the program to be withdrawn at any time by
mailing a notice to that effect to the State Court Administrator. A notice
of withdrawal must be filed promptly by either the foreign attorney or
the supervising attorney if the foreign attorney ceases to remain in good
standing in the foreign attorney's foreign jurisdiction. It is not necessary
that a notice of withdrawal state the cause of withdrawal.
(3) Approval of a foreign attorney to participate in the program may be
terminated by the Court at any time without notice or hearing. Notice
of termination shall be filed with the State Court Administrator and
copies mailed to the foreign attorney and the supervising attorney.
14.25 Appearances and Activities of Foreign Attorney
(1) A foreign attorney may appear before any court or before any
administrative tribunal in this state in accordance with this rule. As used
herein, "appear" or "appearance" means personal appearance before
a court or an administrative tribunal. The foreign attorney shall at all
times be subject to the supervision of the supervising attorney who shall
personally appear with the foreign attorney. No foreign attorney shall
appear until the client, the supervising attorney and the judge of the
court or the presiding officer of the tribunal have consented to such
appearance. The supervising attorney shall be responsible for explaining
to the client the nature and extent of the foreign attorney's participation
and for obtaining the client's consent to such participation. The client's
consent shall be in writing and filed with the court or tribunal and
become part of the record of the case.
PAGE 64 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(2) A foreign attorney may engage in other activities, under the general
supervision of the supervising attorney, but outside the personal
presence of the supervising attorney, including:
(a) Preparation of pleadings and other documents to be filed in any
matter in which the foreign attorney is eligible to appear; but such
pleadings or documents must be signed by the supervising
attorney;
(b) Preparation of briefs, abstracts and other documents to be filed
in the appellate courts of this state; but such documents must be
signed by the supervising attorney;
(c) Assistance to indigent inmates of correctional institutions or other
persons convicted of crimes who request such assistance in pre-
paring habeas corpus applications and supporting documents for
post-conviction relief, except when the assignment of counsel in
the matter is required by any constitutional provision, statute or
rule of the Court; provided that if there is an attorney of record in
the matter, all such assistance must be supervised both by the
supervising attorney and the attorney of record, and all
documents submitted to the court on behalf of such client must
be signed by the attorney of record.
(3) Each document or pleading prepared under sub-paragraph (3) of this
rule must contain the name of the foreign attorney who has participated
in drafting it. If the foreign attorney participated in drafting only a portion
of a document or pleading then that fact may be mentioned.
A foreign attorney may participate in oral argument before any court or
administrative tribunal, but only if the supervising attorney is present.
PAGE 65 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
APPENDIX C
CERTIFICATION OF SUPERVISING ATTORNEY AS TO FOREIGN ATTORNEY'S ELIGIBILITY
TO PARTICIPATE IN THE ATTORNEY EXCHANGE PROGRAM
I certify that: _________________________________________________________________
(1) is licensed to practice law in the following foreign jurisdiction as defined
in ORS 9.242 ____________________________________;
(2) appears from all of the information available to me to be of good moral
character and fit to practice law as defined in ORS 9.220 (2) and the
Rules of Admission of Attorneys and is adequately trained to perform
competently as an attorney;
(3) has certified to me that he/she has read, is familiar with and will comply
with the Oregon Rules of Professional Conduct, ORS Chapter 9 and Rules
14.05 through 14.25 of the Rules for Admission of Attorneys; and
(4) is a member in good standing of the bar of the following foreign juris-
diction ____________________________________________;
I further certify that I will supervise the foreign attorney in accordance with the
Attorney Exchange Program rules.
DATED this _______________ day of____________________________, 20 _____.
___________________________________________________________________
Supervising Attorney OSB #___________________
PAGE 66 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
APPENDIX D
PETITION OF FOREIGN ATTORNEY TO PARTICIPATE IN THE
ATTORNEY EXCHANGE PROGRAM
I, ____________________________________________, petition the Supreme Court of
the State of Oregon for approval to participate in the Attorney Exchange
Program and I certify that:
(1) I am licensed to practice law in the following foreign jurisdiction as
defined in ORS 9.242 _________________;
(2) I am of good moral character and fit to practice law as defined in ORS
9.220 (2) and the Rules for Admission of Attorneys and am adequately
trained to perform competently as an attorney;
(3) I have read, and am familiar with and will comply with the Oregon Rules
of Professional Conduct, ORS Chapter 9 and Rules 14.05 through 14.25
of the Rules for Admission of Attorneys; and
(4) I am a member in good standing of the bar of the following foreign
jurisdiction, __________________________________, as evidenced by a true
copy of the current Certificate of Good Standing or comparable
certification which is attached hereto.
DATED this _______________ day of____________________________, 20 _____.
__________________________________________________________________
Foreign Exchange Attorney
PAGE 67 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION BASED ON COMITY
15.05 Admission of Attorneys Licensed to Practice Law in other Jurisdictions
(1) An attorney who has taken and passed the bar examination in another
United States jurisdiction, who is an active member of the bar in any
other state, district or territory of the United States, and who meets all the
following qualifications may be admitted to the practice of law in
Oregon without having to take and pass the Oregon bar examination,
subject to the requirements of this rule:
(a) The applicant has been licensed to practice law in at least one
United States jurisdiction for at least 24 consecutive months;
(b) The applicant has not been subject to any administrative or
disciplinary suspension within the 60 months immediately pre-
ceding the submission of the application for admission under this
rule;
(c) The applicant has no known ongoing disciplinary cases, investi-
gations, or inquiries in any other jurisdiction; and
(d) The applicant has been actively engaged in the authorized full-
time practice of law for no less than 24 of the 48 months
immediately preceding the application for admission under this
rule.
For purposes of RFA 15.05, “full-time practice of law” means an
average of at least 30 hours per week engaged in one of the
enumerated activities in RFA 1.05(1)(a) or performed work in
support of, or in anticipation of, such activities, so long as the
applicant was authorized to engage in such activities in the
relevant jurisdiction.
(2) An applicant for admission under this rule shall:
(a) Submit sufficient proof, to the satisfaction of the Board, that the
applicant has:
(i) Earned a (1) Juris Doctor (J.D.) or (2) Bachelor of Law (LL.B.)
degree from an ABA accredited law school; or satisfied the
requirements of RFA 3.05(3);
(ii) Passed a bar examination in another state, common-
wealth, district or territory of the United States;
PAGE 68 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(iii) Been admitted to the practice of law in at least one other
state, commonwealth, district or territory of the United
States;
(iv) Current active membership to the practice of law in the
highest court of at least one other state, commonwealth,
district or territory of the United States of America; and
(v) Been engaged in the authorized full-time practice of law for
a minimum of 24-months out of the 48-months immediately
preceding the date that the applicant submits their
application for admission as an attorney in another state in
which they were authorized to practice law or in a state
that does not presently prohibit the type of practice of law
that was conducted by the applicant in said state.
(b) Possess the good moral character and fitness required of all other
applicants for admission to practice law in Oregon;
(c) Complete such applications and submit such other information as
may be required by the Board and the Court within six (6) months
of the date of filing the application; and
(d) Pay such application fees and costs as may be established by the
Board and the Court for applicants under this rule.
(3) The character and fitness of applicants under this rule shall be reviewed
under the procedures set forth in ORS 9.220 and RFA 6.05, 6.10, 6.15, and
9.05 to 9.60.
(4) An applicant admitted to practice law pursuant to this rule shall
complete and certify prior to admission under this rule that the applicant
has attended at least 15 hours of continuing legal education on Oregon
practice and procedure and ethics requirements as regulated and
approved by the Board. An applicant must attend and complete the
required continuing legal education hours any time between six (6)
months prior to and six (6) months after the filing of an application.
(5) An applicant admitted to practice law pursuant to this rule shall obtain
and maintain malpractice coverage from the Oregon State Bar
Professional Liability Fund (PLF) as required by the rules and regulations
of the fund. If an applicant is not required to maintain malpractice
coverage through the PLF, the applicant shall obtain and maintain other
malpractice coverage covering the applicant’s law practice in
PAGE 69 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
Oregon, which coverage shall be substantially equivalent to the Oregon
State Bar Professional Liability Fund coverage plan.
(6) An applicant admitted to practice law pursuant to this rule shall be
subject to and shall comply with the Oregon Rules of Professional
Conduct, the Oregon State Bar Rules of Procedure, and all other rules
and regulations applicable to members of the Oregon State Bar.
(7) Any application for reciprocity admission filed with the OSB Admissions
Department under the prior reciprocity admission version of this rule,
former RFA 15.05 (2021), but still awaiting approval as of the effective
date of the comity admission amendment to this rule, shall be converted
by OSB staff to a pending application under the newly amended comity
admission rule. As of the effective date of the comity admission
amendment to this rule, any pending application for reciprocity
admission is no longer valid.
PAGE 70 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
CONVERSIONS TO FULL MEMBERSHIP
15.10 Limited Licensee Conversion to Full Membership in the Oregon State Bar
(1) An attorney who has taken and passed the bar examination in another
United States jurisdiction, who is an active members of the bar in any
other state, district or territory of the United States, and who currently
holds a Limited License in Oregon, may become a regular member of
the Oregon State Bar if the attorney meets the following qualifications,
subject to the requirements of this rule:
(a) The applicant has been licensed to practice law in at least one
United States jurisdiction for at least 24 consecutive months;
(b) The applicant has not been subject to any disciplinary suspension
within the 60 months immediately preceding the submission of the
application for admission under this rule;
(c) The applicant has not been subject to any administrative
suspensions within the last 24 months;
(d) The applicant has no known ongoing disciplinary cases, investi-
gations, or inquiries in any other jurisdiction; and
(e) The applicant has been actively engaged in the authorized full-
time practice of law for no less than 24 of the 48 months
immediately preceding the application for admission under this
rule.
The term “full-time practice of law” shall have the same meaning
provided for in RFA 15.05(1)(d)(i). The term “Limited License” shall
mean the license given to a licensee under rules related to House
Counsel (RFA 16.05), Military Spouse (RFA 18.05), Law Teacher (RFA
11.05), or Foreign Law Consultant (RFA 12.05)).
(2) An applicant for admission under this rule shall:
(a) Submit sufficient proof, to the satisfaction of the Board, that the
applicant has:
(i) Earned a (1) Juris Doctor (J.D.) or (2) Bachelor of Law (LL.B.)
degree from an ABA accredited law school; or satisfied the
requirements of RFA 3.05(3);
(ii) Passed a bar examination in another state, common-
wealth, district or territory of the United States;
PAGE 71 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(iii) Been admitted to the practice of law in at least one other
state, commonwealth, district or territory of the United
States;
(iv) Current active membership to the practice of law in the
highest court of at least one other state, commonwealth,
district or territory of the United States of America; and
(v) Been engaged in the authorized full-time practice of law for
a minimum of 24 months out of the 48 months immediately
preceding the date that the applicant submits their
application for admission. The authorized practice of law
may take place in Oregon subject to the terms of the
applicant’s limited license, or as an attorney in another
state in which they were authorized to practice law in or in
a state that does not presently prohibit the type of practice
of law that was conducted by the applicant in said state.
(b) Possess the good moral character and fitness required of all other
applicants for admission to the practice of law in Oregon;
(c) Complete the Limited License Conversion application approved
by the Board and submit such other information as may be
required by the Board and the Court within six (6) months of the
date of filing the application; and
(d) Pay the relevant Conversion Application Fee set out in RFA
4.10(2)(c).
(3) The character and fitness review and investigation related to the
Applicant’s conversion shall be focused on the period since they filed
their last application with the Oregon State Bar, or, if it is believed that
applicant made misrepresentations on a prior application, the investi-
gations shall also consider evidence related to such misrepresentations.
(4)(a) An applicant admitted to practice law pursuant to this rule shall com-
plete and certify prior to admission under this rule that the applicant has
attended at least 15 hours of continuing legal education on Oregon
practice and procedure and ethics requirements as regulated and
approved by the Board. An applicant must attend and complete the
required continuing legal education hours any time between six (6)
months prior to and six (6) months after the filing of an application.
(b) If an applicant has completed an MCLE reporting cycle in Oregon
as required to maintain their limited license, then the CLE
PAGE 72 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
requirement set out in RFA 15.10(4)(a) shall be waived, upon
establishing that they met their MCLE requirements during their last
reporting cycle and that they are currently in compliance with all
MCLE requirements for their limited license. Alternatively, if an
applicant has completed 15 hours of continuing legal education
to obtain a limited license in Oregon within the 12 months
preceding the Conversion Application filed under this rule, then
the CLE requirement set out in RFA 15.10(4)(a) shall be waived.
(5) An applicant admitted to practice law pursuant to this rule shall obtain
and maintain malpractice coverage from the Oregon State Bar
Professional Liability Fund (PLF) as required by the rules and regulations
of the fund. If an applicant is exempt from the requirement to maintain
malpractice insurance, the applicant shall provide sufficient proof that
the applicant qualifies for a PLF exemption from malpractice coverage.
(6) An applicant admitted to practice law pursuant to this rule shall be
subject to and shall comply with the Oregon Rules of Professional
Conduct, the Oregon State Bar Rules of Procedure, and all other rules
and regulations applicable to members of the Oregon State Bar.
PAGE 73 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION OF HOUSE COUNSEL
16.05 Limited Admission of House Counsel
An attorney employed by a business entity authorized to do business in Oregon,
who has been admitted to practice law in another state, federal territory or
commonwealth, or the District of Columbia, or in any foreign jurisdiction, may be
admitted to practice law as house counsel in this state, subject to the provisions,
conditions and limitations in this rule, by the following procedure:
(1) The attorney, if at least 18 years of age, may apply for admission to
practice law as house counsel by:
(a) Filing an application as prescribed in Rule 4.15; and
(b) Presenting satisfactory proof of (i) admission to the practice of
law; (ii) good moral character and fitness to practice; and
(c) Providing verification by a declaration signed by the applicant
and an affidavit signed by the business entity that the applicant is
employed as house counsel and has disclosed to the business
entity the limitations on the attorney to practice law as house
counsel as provided by this rule. The required declaration and
affidavit shall be in the form provided by the Board in the House
Counsel Application.
(2) The applicant shall pay the application fees prescribed in Rule 4.10.
(3) The applicant shall be investigated as prescribed in Rule 6.05 to 6.15.
(4) The applicant shall take and pass the Professional Responsibility
Examination prescribed in Rule 7.05.
(5) If a majority of the non-recused members of the Board considers the
applicant to be qualified as to the requisite moral character and fitness
to practice law, the Board shall recommend the applicant to the Court
for admission to practice law as house counsel in Oregon.
(6) If the Court considers the applicant qualified for admission, it shall admit
the applicant to practice law as house counsel in Oregon. The
applicant's date of admission as a house counsel member of the
Oregon State Bar shall be the date the applicant files the oath of office
with the State Court Administrator as provided in Rule 8.10(B)(2).
(7) In order to qualify for and retain admission to practice law as house
counsel, an attorney admitted under this rule must satisfy each of the
following conditions, requirements and limitations:
PAGE 74 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(a) The attorney shall be limited to practice exclusively for the
business entity identified in the affidavit required by section (1)(c)
of this rule, and except as provided in subsection 7(f) below
regarding pro bono legal services, is not authorized by this rule to
appear before a court or tribunal, or to offer legal services to the
public. Participating as an attorney in any arbitration or mediation
that is court-mandated or is conducted in connection with a
pending adjudication shall be considered an appearance before
a court or tribunal under this rule.
(b) All business cards, letterhead and directory listings, whether in
print or electronic form, used in Oregon by the attorney shall
clearly identify the attorney's employer and that the attorney is
admitted to practice in Oregon only as house counsel or the
equivalent.
(c) The attorney shall pay the Oregon State Bar all annual and other
fees required of active members.
(d) The attorney shall be subject to ORS Chapter 9, these RFAs, the
Oregon Rules of Professional Conduct, the Oregon State Bar's
Rules of Procedure, the Oregon Minimum Continuing Legal
Education Rules and Regulations, and to all other laws and rules
governing attorneys admitted to active practice of law in this
state.
(e) The attorney shall within 30-days notify the Oregon State Bar of the
occurrence of any of the following: a change in employment; a
change in membership status, good standing or authorization to
practice law in a state, federal territory, commonwealth, the
District of Columbia, or in any foreign jurisdiction where the
attorney has been admitted to the practice of law; or the
commencement of a formal disciplinary proceeding in any such
jurisdiction. The attorney must provide the notice required by this
rule on a change of status form provided by the Oregon State Bar.
(f) An attorney admitted in another United States jurisdiction may
provide pro bono legal services through a pro bono program
certified by the Oregon State Bar under Oregon State Bar Bylaw
13.2, provided that the attorney has professional liability coverage
for such services through the pro bono program or otherwise,
which coverage shall be substantially equivalent to the Oregon
State Bar Professional Liability Fund coverage plan.
PAGE 75 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(g) On or before October 1 of each year in which the attorney is
licensed under this rule, the attorney must submit an annual
certification of compliance, on a form provided by the Oregon
State Bar, which asserts that the attorney has complied with the
requirements to retain their house counsel membership. The
annual certification shall include an affidavit in the form provided
by the Oregon State Bar which must be signed by the attorney’s
employer certifying that the attorney is still employed by the
business.
(8) The membership and license granted under this rule shall be auto-
matically suspended, when:
(a) Employment by the business entity is terminated; or
(b) The attorney fails to maintain active status or good standing as an
attorney in at least one state other than Oregon, federal territory,
commonwealth, or the District of Columbia; or
(c) The attorney fails to submit the annual certification required by
7(g) of this rule on or before the deadline stated therein.
(9) The membership and license granted under this rule shall be auto-
matically suspended when the attorney is suspended or disbarred for
discipline, or resigns while disciplinary complaints or charges are
pending, in any jurisdiction. An attorney whose admission as house
counsel in Oregon has been suspended pursuant to this section, and
who again seeks admission to practice in this state as house counsel,
must file a new application with the Board under this rule.
(10) An attorney suspended pursuant to section (8)(a) of this rule shall be
reinstated to practice law as house counsel when able to demonstrate
to the Oregon State Bar that, within six months from the termination of
the attorney's previous employment, the attorney is again employed as
house counsel by a qualifying business entity, upon verification of such
employment as provided in section (1)(c) of this rule and proof of active
status in another jurisdiction. The attorney shall certify their new qualified
employment through a house counsel reinstatement form provided by
the Oregon State Bar.
(11) An attorney suspended pursuant to section (8)(b) of this rule shall be
reinstated to practice law as house counsel when able to demonstrate
to the Oregon State Bar that, within six months from the attorney's failure
to maintain active status or good standing in at least one other
PAGE 76 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
jurisdiction, the attorney has been reinstated to active status or good
standing in such jurisdiction. The attorney shall certify their reinstatement
to active or good standing status in the required jurisdiction through a
house counsel reinstatement form provided by the Oregon State Bar.
(12) An attorney suspended for six months or less pursuant to section (8)(c) of
this rule shall be reinstated to practice law as house counsel upon
submission of the annual certification required under section 7(g),
together with a house counsel reinstatement form provided by the
Oregon State Bar.
(13) An attorney required to submit a reinstatement form under sections (10),
(11) and (12) of this rule must pay a reinstatement fee of $250 with the
reinstatement form.
(14) An attorney whose admission as house counsel in Oregon has been
suspended for longer than six months pursuant to section (8) of this rule,
and who again seeks admission to practice in this state as house
counsel, must file a new application with the Board under this rule.
(15) The admission granted under this section shall be terminated auto-
matically when the attorney has been otherwise admitted to the
practice of law in Oregon as an active member of the Oregon State
Bar.
(16) For the purposes of this Rule 16.05, the term "business entity" means a
corporation, partnership, association or other legal entity, excluding
governmental bodies, (together with its parents, subsidiaries, and
affiliates) that is not itself engaged in the practice of law or the rendering
of legal services, for a fee or otherwise.
(17) For the purposes of this Rule 16.05, “tribunal” means all courts and all
other adjudicatory bodies, including arbitrations and mediations
described in Rule 16.05(7)(a), but does not include any body when
engaged in the promulgation, amendment or repeal of administrative
or other rules.
(18) All applicants pursuing admission under this rule, must complete such
application and submit such other information as may be required by
the Board and the Court within six months of the date of filing the
application.
PAGE 77 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION OF OUT-OF-STATE ACTIVE PRO BONO ATTORNEYS
17.05 Admission of Out-of-State Active Pro Bono Attorneys
An attorney, who has been admitted to practice law in another state, federal
territory or commonwealth, or the District of Columbia, may be admitted to
practice law as an Active Pro Bono Attorney, subject to the provisions, conditions
and limitations in this rule, by the following procedure:
(1) The attorney, having actively practiced law for at least 15 years, may
apply for admission to practice law as an Active Pro Bono Attorney by:
(a) Filing an application as prescribed in Rule 4.15;
(b) Presenting satisfactory proof of graduation from an ABA
approved law school with a Juris Doctor degree or its equivalent;
(c) Presenting satisfactory proof of passage of a bar examination in a
jurisdiction in which the applicant is admitted to the practice of
law;
(d) Presenting satisfactory proof that the applicant is not currently
serving any disciplinary sanction or disbarment in any jurisdiction;
or has not resigned from the practice of law while disciplinary
charges were pending or in lieu of discipline;
(e) Presenting satisfactory proof that the applicant will practice law
with a Certified Pro Bono Program; and
(f) Agreeing to abide by the Rules of Professional Conduct and
submit to the jurisdiction of the Oregon State Bar for disciplinary
purposes.
(2) The applicant shall pay the investigation fee as set forth in Rule 4.10(2).
(3) The applicant shall be investigated as prescribed in Rule 6.05 to 6.15.
(4) If a majority of the non-recused members of the Board of Bar Examiners
considers the applicant to be qualified as to the requisite moral
character and fitness to practice law, the Board shall recommend the
applicant to the Supreme Court for admission to practice law as an
Active Pro Bono Attorney in Oregon.
(5) If the Supreme Court considers the applicant qualified for admission, it
shall admit the applicant to practice law as an Active Pro Bono Attorney
in Oregon. The applicant's date of admission as an Active Pro Bono
member of the Oregon State Bar shall be the date the applicant files
PAGE 78 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
the oath of office with the State Court Administrator as provided in Rule
8.10(2).
(6) In order to qualify for and retain admission to practice law as an Active
Pro Bono Attorney, an attorney admitted under this rule must satisfy the
following conditions, requirements and limitations:
(a) The attorney shall be limited to practice exclusively as a pro bono
attorney, and through a Certified Pro Bono Program;
(b) All business cards, letterhead and directory listings, whether in
print or electronic form, used in Oregon by the attorney shall
clearly identify that the attorney is admitted to practice in Oregon
only as an Active Pro Bono Attorney;
(c) The attorney shall pay the Oregon State Bar all annual and other
fees required of inactive members admitted to practice for two
years or more;
(d) The attorney shall be subject to ORS Chapter 9, these rules, the
Oregon Rules of Professional Conduct, the Oregon State Bar's
Rules of Procedure, the Oregon Minimum Continuing Legal
Education Rules and Regulations, and to all other laws and rules
governing attorneys admitted to active practice of law in this
state; and
(e) The attorney shall promptly report to the Oregon State Bar: a
change in membership status, good standing or authorization to
practice law in a state, federal territory, commonwealth, or the
District of Columbia where the attorney has been admitted to the
practice of law; or the commencement of a formal disciplinary
proceeding in any such jurisdiction.
(7) The attorney shall report immediately to the Oregon State Bar, and the
admission granted under this section shall be automatically suspended,
when the attorney is suspended or disbarred for discipline or resigns
while disciplinary complaints or charges are pending, in any jurisdiction.
(8) The admission granted under this section shall be terminated auto-
matically when the attorney has been otherwise admitted to the
practice of law in Oregon as an active member of the Oregon State
Bar.
(9) For the purposes of this Rule 17.05, the term "Certified Pro Bono Program"
means a legal services provider that has applied for and received
certification through the Oregon State Bar and that maintains
PAGE 79 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
Professional Liability Coverage for the Active Pro Bono Attorney, either
through a waiver of coverage or through purchasing coverage from the
PLF.
PAGE 80 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION OF MILITARY SPOUSE ATTORNEYS
18.05
Temporary Admission of Military Spouse Attorneys
(1) An attorney, who is a spouse or registered domestic partner of a
member of the United States Uniformed Services (“service member”),
stationed within the jurisdiction, may be temporarily admitted to
practice law in Oregon subject to the requirements of this rule.
(a) The phrase “registered domestic partner” means any registered
domestic partner as recognized under Oregon law.
(b) The phrase “service member” is defined by 10 U.S. C. §101(a)(4)
and (5).
(c) The term “spouse” is defined as someone who is married as
recognized under Oregon law.
(2) All applicants for temporary admission under this rule shall:
(a) Present satisfactory proof of their:
(i) Possession of a (1) Juris Doctor (J.D.) or (2) Bachelor of Law
(LL.B.) degree from an ABA approved law school; or
satisfaction of the requirements of Rule 3.05(3);
(ii) Admission, and in active status, to practice law in another
jurisdiction,
court or agency in the United States;
(iii) Good standing in all jurisdictions, courts and agencies
where admitted;
and
(iv) Presence in Oregon as a spouse or registered domestic
partner of a service member and a copy of the service
member’s military order reflecting a permanent change of
station to a military installation in Oregon;
(b) Not be currently subject to an order of attorney discipline or the
subject of a pending formal disciplinary matter in any jurisdiction,
court and/ or agency;
(c) Possess the good moral character and fitness required of all other
applicants for admission to practice law in Oregon;
(d) Complete such applications and submit such other information as
may be required by the Board and the Court within six months of
the date of filing the application; and
PAGE 81 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(e) Pay such application fees and costs as may be recommended by
the Board and established by the Court for applicants under this
rule.
(3) The character and fitness of applicants under this rule shall be reviewed
under the procedures set forth in ORS 9.220 and Admission Rules 6.05,
6.10, 6.15, and 9.05 to 9.60.
(4) Any applicant temporarily admitted to practice law pursuant to this rule
shall complete and certify prior to admission under this rule that he or
she has attended at least fifteen hours of continuing legal education on
Oregon practice and procedure and ethics requirements as regulated
and approved by the Oregon State Bar. Applicants must attend and
complete the required continuing legal education hours any time
between six (6) months prior to and six (6) months after the filing of an
application.
(5) Prior to temporary admission all applicants shall obtain and maintain
malpractice coverage from the Oregon State Bar Professional Liability
Fund (PLF) as required by the rules and regulations of the fund.
(6) All applicants temporarily admitted to practice law pursuant to this rule
shall be subject to and shall comply with the Oregon Rules of Professional
Conduct, the Oregon State Bar Rules of Procedure, and all other rules
and regulations applicable to members of the Oregon State Bar.
(7) Termination of Temporary admission.
(a) Temporary admission under this rule shall terminate when:
(i) The service member is no longer a member of the United
States Uniformed Services:
(ii) The Temporarily Admitted Attorney is no longer a spouse or
domestic partner of the service member upon entry of a
trial court judgment or death of the service member;
(iii) The service member receives a permanent transfer outside
of
Oregon, except that if the service member has been
assigned to an unaccompanied or remote assignment with
no dependents authorized, the Temporarily Admitted
Attorney may continue to
practice law pursuant to the
provisions of this rule until the service member is assigned to
a location with dependents authorized;
PAGE 82 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(iv) The Temporarily Admitted Attorney is disciplinarily sus-
pended or disbarred or placed on inactive status in any
jurisdiction, court, or agency before which the attorney is
admitted;
(v) The Temporarily Admitted Attorney is suspended in any
jurisdiction,
court, or agency for failure to pay child support
or failure to cooperate in a disciplinary matter;
(vi) Upon request by the Temporarily Admitted Attorney;
(vii) The Temporarily Admitted Attorney is admitted to the
Oregon State Bar under an admission rule other than that of
Temporary Admission of Military Spouse Attorneys;
(viii) The Temporarily Admitted Attorney receives a failing score
on the Oregon State Bar Exam;
(ix) The Temporarily Admitted Attorney is denied admission to
the practice of law in Oregon for violating the Oregon Rules
of
Professional Conduct;
(x) The Temporarily Admitted Attorney fails to obtain and/ or
maintain PLF coverage as required by the Oregon State
Bar; or
(xi) Notice of Termination by the Oregon Supreme Court pur-
suant to its authority under OSB Rules of Procedure 3.1(g),
provided that the Clerk of the Supreme Court mailed a
copy of the Notice of
Termination to the Temporarily
Admitted Attorney.
(b) If any of the events listed in subsection (7)(a) occur, with the
exception of
(7)(a)(xi), the Temporarily Admitted Attorney under
this rule shall notify the Oregon State Bar of the event in writing
within thirty (30) days of the date upon which the event occurs.
Termination of the temporary admission shall occur thirty (30) days
thereafter.
(c) Notice of termination pursuant to subsection (7)(a)(xi) shall be
effective as of the date of the Notice of Termination mailed by
the Clerk of the Supreme Court.
(d) The Oregon State Bar may provide Notice of Termination if the
Temporarily Admitted Attorney fails to notify the Oregon State Bar
of any of the events listed in subsection (7)(a) as required by
PAGE 83 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
subsection (7)(b). The Oregon State Bar will send a Notice of
Termination via certified mail to the Temporarily Admitted Attor-
ney’s last known place of employment and termination shall
occur thirty (30) days thereafter.
(8) Upon notification of a terminating event pursuant to Rule 18.05 (7)(a)
and (b) or as soon as possible under circumstances, the Temporarily
Admitted Attorney shall:
(a) Cease to occupy an office or other place for the regular practice
of law in Oregon, unless authorized to do so pursuant to another
rule;
(b) Notify in writing all clients in pending matters, co-counsel and
opposing counsel in pending litigation, and any court or tribunal
of the termination of
the attorney's authority to practice law
pursuant to this rule;
(c) Decline any new representation that would require the attorney
to be admitted to practice law in Oregon; and
(d) Take all other necessary steps to protect the interests of the
attorney's clients.
(9) The provisions of this rule in effect at the time an application is filed shall
apply to the application, notwithstanding subsequent amendments to
this rule.
PAGE 84 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
ADMISSION BY OUT-OF-STATE BAR EXAMINATION SCORE
19.05 Admission by UBE Score Earned in another Jurisdiction
(1) Applicants who have taken the UBE in another United States jurisdiction
may be admitted to the practice of law in Oregon without having to
take and pass the bar examination in Oregon, subject to the following
requirements:
(a) The applicant must have earned a passing scaled score, as set by
the Court upon the recommendation of the Board;
(b) The applicant must have earned the passing scaled score on an
exam taken no earlier than July 2017;
(c) The applicant must either:
(i) Have earned the passing scaled score on an exam taken
no more than 36 months prior to the date of application for
admission in Oregon under this rule; or
(ii) Demonstrate that the applicant has been lawfully
engaged in the active practice of law for at least two of
the three years immediately preceding the date of appli-
cation; and
(d) The applicant must meet all other requirements of Rules 19.05,
19.15 and all other applicable rules for admission.
19.10 Admission by Non-UBE Remote Bar Exam Score Earned in another
Jurisdiction
(1) Applicants who have taken a qualifying remote bar exam in another
United States jurisdiction may be admitted to the practice of law in
Oregon without having to take and pass the bar examination in Oregon,
subject to the following requirements:
(a) The applicant must have earned a passing scaled score, as set by
the Court upon the recommendation of the Board;
(b) The applicant must either:
(i) Have earned the passing scaled score on an exam taken
no more than 36 months prior to the date of application for
admission in Oregon under this rule; or
(ii) Demonstrate that the applicant has been lawfully
engaged in the active practice of law for at least two of
PAGE 85 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
the three years immediately preceding the date of appli-
cation; and
(c) The applicant must meet all other requirements of Rules 19.10,
19.15 and all other applicable rules for admission.
(2) For the purposes of these rules, a "qualifying remote bar exam" means a
non-UBE bar exam provided by the NCBE that was remotely
administered no earlier than October 4, 2020 by Oregon pursuant to
Rule 5.05 and by another United States jurisdiction that is:
(a) Subject to an agreement or memorandum of understanding,
entered into by the Board with any other United States jurisdiction,
recognizing the reciprocal transferability of the exam scores; and
(b) Has been administered in accordance with the terms of the
agreement or memorandum of understanding referenced in
subsection (a).
19.15 Additional Requirements for Admission by Out-of-State Bar Exam Score
(1) Applicants for admission under Rule 19.05 and 19.10 shall:
(a) Present satisfactory proof of graduation from an ABA approved
law school with either a (i) Juris Doctor (J.D.) or (ii) Bachelor of Law
(LL.B.) degree; or satisfaction of the requirements of Rule 3.05(2)
or (3);
(b) Transfer their bar exam score to Oregon by either (i) requesting an
official UBE transcript through the NCBE or (ii) an official transcript
for a qualifying remote bar exam through the jurisdiction that
administered the exam;
(c) Possess the good moral character and fitness required of
applicants for admission to practice law in Oregon;
(d) Take and pass the MPRE prescribed in Rule 7.05;
(e) File an application as prescribed in Rule 4.15; and
(f) Pay such application fees as may be established by the Board
and the Court for applicants under this rule.
(2) The character and fitness of applicants under this rule shall be reviewed
under the procedures set forth in ORS 9.220 and Rules 6.05, 6.10, 6.15,
and 9.05 to 9.60.
PAGE 86 - RULES FOR ADMISSION OF ATTORNEYS IN OREGON
(3) As part of completing the 15 hours of accredited CLE activity required
by MCLE Rule 3.3(b) to be completed in the first reporting period after
admission as an active member, every applicant admitted under this
rule shall complete and certify that, of the 15 required hours, 1 hour of
the 2 credit hours in ethics is devoted to Oregon ethics and profes-
sionalism, and 4 hours of the 10 credit hours in practical skills is devoted
to Oregon practice and procedure, as regulated and approved by the
Board.
