Resolutions

Whereas, the Board of Governors has proposed the following amendment to the Oregon State Bar House of Delegates pursuant to ORS 9.142;

Whereas, the House of Delegates must adopt any changes in the House of Delegates Rules of Procedure pursuant to ORS 9.142; now, therefore, be it

Resolved, that the following amendments to the House of Delegates Rules of Procedure as set forth below are approved and shall go into effect on January 1, 2026:

4.2 As soon as practicable after each meeting of the House of Delegates, the Chief Executive Officer shall prepare and publish to the Oregon State Bar membership licensees of the Oregon State Bar a summary of the actions of the House.

5.1 Licensees Members of the Oregon State Bar, delegates of the House of Delegates, and the Board of Governors may submit questions or measures for placement on the agenda of House meetings as set forth in Rules 5.2 through 5.4.

5.3 Any active licensee member of the Oregon State Bar, by petition signed by at least two percent (2%) of all active licensees members of the Oregon State Bar, may submit a question or measure for the agenda of any House of Delegates meeting as provided in the Bar Act. See ORS 9.148(3). The petition must be filed with the Chief Executive Officer at least forty-five (45) days before the meeting at which it is to be presented.

5.5 In advance of any meeting of the House of Delegates, the Board of Governors of the Oregon State Bar shall review proposed agenda items for conformity with applicable law and bar policy and propose a preliminary agenda for the meeting. The preliminary agenda, along with notice of the questions or measures the Board determined should not be placed on the agenda, shall be published, with notice thereof, to the licensees membership of the Oregon State Bar at least twenty (20) days prior to the meeting.

7.1 Active members licensees of the bar may participate in the discussion of matters before the House. See ORS 9.148(1). Only delegates may invoke the House rules and parliamentary procedure during meetings of the House.

7.8 If there are no speakers members in queue to debate on a matter, the presiding officer may direct the House to vote on the matter.

9.1 If a delegate seeks to amend a matter on the floor, the delegate must submit an amendment in writing prior to moving to amend a matter on the floor. Members Delegates appearing electronically will be provided an email address to submit amendments.

10.1 Meetings of the House of Delegates are open to all members licensees of the Oregon State Bar, the media and the public, except as provided otherwise by the Public Meetings Law (ORS 192.610 et seq.)

Financial Impact

None.

Presenter:
Ankur Doshi, OSB General Counsel

Whereas, the Legal Ethics Committee and the Board of Governors formulated the following amendments to the Oregon Rules of Professional Conduct 1.5(c) and 1.15-1(c);

Whereas, the House of Delegates must approve any changes in the Rules of Professional Conduct before they are presented to the Oregon Supreme Court for adoption pursuant to ORS 9.490(1); now, therefore, be it

Resolved, that the amendments of Oregon Rules of Professional Conduct 1.5 and 1.15-1 as set forth below are approved and shall be submitted to the Oregon Supreme Court for adoption:

RULE 1.5 FEES.

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(c) A lawyer shall not enter into an arrangement for, charge or collect:

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(3) a fee denominated as “earned on receipt,” “nonrefundable,” or in similar terms; unless it is pursuant to a written agreement signed by the client which explains that:(i) the funds will not be deposited into the lawyer trust account, and (ii) the client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.

RULE 1.15-1 SAFEKEEPING PROPERTY.

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(c) A lawyer shall deposit into a lawyer trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred, unless the fee is denominated as “earned on receipt,” “nonrefundable” or similar terms and complies with Rule 1.5(c)(4)(3).

Financial Impact

None stated.

Presenter:
Ankur Doshi, OSB General Counsel

Whereas, the Legal Ethics Committee and the Board of Governors formulated the following amendments to the Oregon Rules of Professional Conduct;

Whereas, the House of Delegates must approve any changes in the Rules of Professional Conduct before they are presented to the Oregon Supreme Court for adoption pursuant to ORS 9.490(1); now, therefore, be it

Resolved, that the amendments of Oregon Rules of Professional Conduct as set forth below in Exhibit 1 are approved and shall be submitted to the Oregon Supreme Court for adoption.

Financial Impact

None.

Presenter:
Ankur Doshi, OSB General Counsel

Whereas, Members of the Oregon State Bar are encouraged to perform Pro Bono Legal Services and to promote Access to Justice;

Whereas, Members of the Oregon State Bar have been informed that 80% of the Civil Litigation needs of Members of the Public remain unserved;

Whereas, a favorable public opinion of Lawyers is an important quality of the general reputation of Members of the Oregon State Bar;

Whereas, Members of the Oregon State Bar may encounter potential Clients and actual Clients that are worthy and deserving of Lawyer benevolence by reason of their economic hardship, such as low-income or poverty status physical disabilities, mental health challenges, family obligations, unemployment factors, and any other rational justifications;

Whereas, random acts of kindness and benevolence are presently prohibited by ethical restrictions in the Rules of Professional Conduct; and,

Therefore, the HOD Delegates recommends that the Board of Governors evaluate amending RPC 1.8(e)(3)(i)(ii)(iii), and related prohibitions, so as to improve the Public image of Lawyers by permitting or encouraging Lawyer economic assistance for the relief of genuine economic hardships, in the same spirit of Pro Bono Professional kindness.

Submitted by:
Danny Lang, Region 3, Ex-Officio HOD Delegate

Whereas, the Oregon State Bar has an ongoing interest in the development in future Bar Leaders;

Whereas, the development of future Bar Leaders includes sponsorship of a an OSB Leadership Institute engaged in various activities to promote Leadership;

Whereas, in 2023, Members of the HOD approved a Resolution by a Vote of 126 to 12, to Appoint a HOD Engagement Committee; specifically, “be it resolved that the BOG appoint a Volunteer Committee to study and made recommendations for how to improve HOD engagement as well as communication and coordination between BOG and HOD.”;

Whereas, the HOD Engagement Committee Report has been accepted by the Board of Governors;

Whereas, the functioning of the HOD has been primarily at the Annual Meeting, at which HOD Members may present proposed Resolutions for the advancement of the science of Juris Prudence pursuant to the Mission of the Oregon State Bar;

Whereas, enhanced engagement of the HOD is possible by combining various periodic joint sessions attended by volunteer HOD Members and Leadership Institute participants;

Whereas, participation by Leadership Institute participants and Volunteer Members of the HOD would provide opportunities for the beneficial exchange of ideas, that include addressing the historical problem facing the 80% of Oregonians deprived of Access to Justice, and other improvements in the Legal Profession; now

Therefore, be it resolved, that the HOD recommends that the Board of Governors consider how to promote enhance engagement by combining periodic joint sessions of the Leadership Institute with volunteer Members of the HOD including, but not limited to, adequate funding for the Judicial Branch, evolving Legal Education, Public Defenders, Homelessness Law, Alternative Dispute Resolution, Local Bar Associations, Civility, and the ongoing problem of how to serve the 80% of Oregonians without Access to Justice.

Presenter:
Danny Lang, Ex-Officio Delegate, Region 3

Whereas, all Lawyer Members & Licensed Paralegal Members of the Oregon State Bar are required to pay substantial Annual Bar Dues;

Whereas, the present OSB Annual Dues are reportedly the costliest Annual Dues in all jurisdictions in the United States;

Whereas, all Lawyer Members & Licensed Paralegal Members have an interest as stakeholders in the allocation of OSB Revenues;

Whereas, better informed Members will be better able assist in determining prioritization of the Proposed Allotments among the Programs, Sections, CLE Programs, and the functioning of both the BOG and the HOD in fulfilling the Mission of the OSB, including realization of greater Access to Justice;

Whereas, the HOD serves as a Representative Body of the Membership to assist and advise the HOD in fulfilling and adequately funding implementation of HOD Resolutions;

Whereas, Presenters of recent Proposed HOD Resolutions have faced challenges to adoption of meritorious Resolutions by the negative implications cast by potential undetermined fiscal impacts;

Whereas, all functioning OSB obligations should be considered and addressed prior to the Annual Meeting of the HOD so as to avoid the appearance that passage of a HOD Resolution will automatically drain the funding of all other BAR activities;

Whereas, in recognition of the benefits provided to all Lawyer Members & Licensed Paralegal Members, and to the Public we all voluntarily serve;

Therefore, be it resolved, that HOD Members recommend that the Board of Governors recognize that the HOD brings forth Reforms and Resolutions for the advancement of Access to Justice by ensuring adequate allocation of Revenues (Dues) to ensure that meritorious Resolutions adopted by the HOD be implemented.

Presenter:
Danny Lang, Ex-Officio Delegate, Region 3

Whereas, Access to Justice for 80% of Oregonians remains unavailable;

Whereas, the number of OSB Lawyers has failed to keep pace with the population growth of Oregon and the ongoing shortage of Oregon Lawyers has become more critical in rural Oregon Counties;

Whereas, the continuing shortage of Public Defenders has also become an acute problem implicating deprivation of Constitutional Rights to Legal Services in Oregon;

Whereas, there is a growing shortage of OSB Lawyer Members available to satisfy the need for Lawyers to represent Persons in Civil and Criminal cases in Rural Areas and in underserved Communities;

Whereas, the limitations upon the scope of licensure of OSB Licensed Paralegals preclude Paralegals from appearing in Court in routine Traffic Court Violation Cases, routine Unemployment Hearings, routine DMV Implied Consent Hearings, routine Appearances in Circuit Courts, Municipal Courts, and in routine Administrative Agency matters;

Whereas, the scope of licensure of OSB Licensed Paralegals generally does not include any Court Appearances to assist OSB Licensed Lawyers, during Hearings, Motions, and Trials;

Whereas, creation of mid-level Licensure of Law Practitioners would provide greater Access to Justice by lowering the cost of Legal Services to the 80% of Oregonians that are unable to afford representation by Licensed Lawyers, especially in the foregoing types of routine matters;

Whereas, the existing the Oregon Law Schools have the resources to adapt Legal Education by providing a one-year curriculum [plus Internships] focused upon the foregoing types of routine matters, now;

Therefore, be it resolved, that the Board of Governors consider the feasibility of Licensure of Law Practitioners in order to better reach the unserved 80% of Oregonians in need of an intermedial range of Legal Services.

Presenter:
Danny Lang, OSB #790078, Ex-Officio Delegate, Region 3

Whereas, providing equal access to justice and high-quality legal representation to all Oregonians is central to the mission of the Oregon State Bar;

Whereas, equal access to justice plays an important role in the perception of fairness of the justice system;

Whereas, programs providing civil legal services to low-income Oregonians are a fundamental component of the Bar’s effort to provide such access;

Whereas, since 1998, pursuant to ORS 9.572, the Oregon State Bar has operated the Legal Services Program to manage and provide oversight of funds allocated by the State of Oregon for legal aid. This is done in accordance with the Bar’s Standards and Guidelines, which incorporate national standards for operating a statewide legal aid program;

Whereas, Oregon’s legal aid programs do not have sufficient resources to meet the civil legal needs of Oregon’s poor;

Whereas, assistance from the Oregon State Bar and the legal community is critical to maintaining and developing resources that will provide low-income Oregonians meaningful access to the justice system.

Resolved, that the Oregon State Bar:

(1) Strengthen its commitment and ongoing efforts to improve the availability of a full range of legal services to all citizens of our state, through the development and maintenance of adequate support and funding for Oregon’s legal aid programs and through support for the Campaign for Equal Justice.

(2) Request that Congress and the President of the United States make a genuine commitment to equal justice by adequately funding the Legal Services Corporation, which provides federal support for legal aid.

(3) Work with Oregon’s legal aid programs and the Campaign for Equal Justice to preserve and increase state funding for legal aid and explore other sources of new funding.

(4) Actively participate in the efforts of the Campaign for Equal Justice to increase contributions by the Oregon legal community, by establishing goals of a 100% participation rate by members of the House of Delegates, 75% of Oregon State Bar Sections contributing, and a 50% contribution rate by all lawyers.

(5) Support the Oregon Law Foundation and its efforts to increase resources through the Interest on Lawyers Trust Accounts (IOLTA) program, and encourage Oregon lawyers to bank with financial institutions that are OLF Leadership Banks, meaning that they pay the highest IOLTA rates.

(6) Support the Campaign for Equal Justice in efforts to educate lawyers and the community about the legal needs of the poor, legal services delivery and access to justice for low-income and vulnerable Oregonians.

(7) Encourage Oregon lawyers to support civil legal services programs through enhanced pro bono work.

(8) Support continued funding for critical immigration legal services so that these vulnerable Oregonians are provided legal representation.

(9) Support the fundraising efforts of those nonprofit organizations that provide civil legal services to low-income Oregonians that do not receive funding from the Campaign for Equal Justice.

Submitted by:
Peter A. Werner, OSB# 091722, HOD Region 1
Kristie Gibson, OSB #990528, HOD Region 2
Victory Walker, OSB #014483, HOD Region 3
Sonia Montalbano, OSB# 970821, HOD Region 5
Vanessa Nordyke, OSB# 084339, HOD Region 6, OSB Past President 2018
Heather Decker, OSB# 962589, HOD Region 7

Whereas, the mission of the Oregon State Bar is to serve justice and the public interest by promoting respect for the rule of law, by improving the quality of legal services, and by increasing access to justice; and,

Whereas, the Oregon Judicial Branch has adopted a Justice Campaign for 2024-2027 continuing four commitments to the people of Oregon: (1) to collaborate with community partners to improve services and access for people who are underserved, vulnerable, and marginalized; (2) to improve the court user experience by identifying and eliminating barriers to access to justice and ensuring safe, secure, and accessible court facilities; (3) earn the public’s trust and confidence through communication, transparency, high ethical standards, and promoting the rule of law; and (4) to provide a workplace and courthouse culture that is welcoming, supportive, and diverse, and where all people are treated with respect; and,

Whereas, the Chief Justice has based her budget requests for the Oregon Judicial Department on needs and services identified through a strategic planning process that prioritized the Justice Campaign commitments, and the Oregon Legislative Assembly has based many of its funding decisions on the priorities established in the Chief Justice’s Recommended Budget; and,

Whereas, the Oregon Judicial Department will need adequate resources for courts to respond to court users who have mental and behavioral health challenges, continue collaborative initiatives to better serve self-represented litigants, expand outreach and transparency efforts, continue using data-driven performance measures, continue to assist in finding solutions to the unrepresented persons crisis in Oregon, and ensure that judges and court staff have the training and education needed to address the needs of the people they serve, now, therefore, be it

Resolved, that we applaud the Legislative Assembly for its support of the Oregon Judicial Department’s Justice Campaign and strategic priorities; we request that the Assembly continue to improve funding to provide necessary court services, improve compensation to attract and retain highly qualified judges, provide safe and secure court facilities, and otherwise support the goals of the Justice Campaign; and we further encourage all members of the Oregon State Bar to thank legislators for funding the Judicial Branch and continue to urge their support for the Chief Justice’s Recommended Budget for the Oregon Judicial Department.

Submitted by:
Vanessa Nordyke, OSB# 084339, HOD, Region 6, OSB Past President 2018

Whereas, The Oregon State Bar currently has the highest bar dues in the country, which imposes a significant financial burden on its members; and

Whereas, High bar dues disproportionately affect solo practitioners and small law firms, who often have limited financial resources compared to larger firms; and

Whereas, These increased financial pressures can lead to a decrease in the number of solo and small law firms, which in turn can reduce access to legal services in rural and underserved areas; and

Whereas, Solo and small firm practitioners play a critical role in serving diverse and marginalized communities and providing affordable legal representation to individuals and businesses across Oregon; therefore, be it

Resolved, That the Oregon State Bar shall establish a committee to investigate why Oregon has the highest bar dues in the country, explore the impacts of high bar dues on solo practitioners and small firms, and propose actionable solutions to reduce the cost of bar dues while maintaining the Bar’s essential functions and services.

Financial Impact

This committee should be staffed with volunteers so as to minimize additional costs to the Bar.

Submitted by:
Mario Musil, OSB# 206766, HOD Region 7

Resolved, that the OSB House of Delegates and members assembled stand for a moment of silence in honor of the members of the Oregon State Bar who have died since the 2024 House of Delegates Meeting.

Presenters:
Simonne Weyand, BOG Region 4
Kyle Sciuchetti, BOG Region 8
Eddie Passadore, BOG Public Member