oregon rules of professional conduct attorney, how long must an attorney keep files

Full Answer

What are the rules for being an attorney in Oregon?

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.

How long does an attorney have to retain a client file?

Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.

How long does a lawyer have to preserve records?

A lawyer shall preserve for a period of five years copies of all records and computations sufficient to prove compliance with this requirement. Upon receiving Rule 1.15 Funds or property which are not Fiduciary Funds or property, a lawyer shall promptly notify the client or third person, consistent with the requirements of applicable law.

How do I identify my employer as an attorney in Oregon?

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.

Are emails part of client file?

All emails are printed and placed in the client's file. they end up in folders in Outlook, junking up memory. client. inbox into client folders.

How long do attorneys have to keep files in CA?

five yearsThe five-year period is drawn by analogy to rule 4-100(B)(3), Rules of Professional Conduct, requiring that attorneys preserve for five years records and accountings of funds, securities, and other properties of clients coming into their possession.

How long does an attorney have to keep client files in DC?

In D.C. Bar Opinion 206, we noted that implicit in this duty to promptly deliver valuable property to the client or third person to whom it belongs is the obligation to retain such property indefinitely until it can be returned to its rightful owner, the owner's legal representative, or a successor in interest.

How long does a law firm have to keep client files Florida?

6 yearsANSWER: With the exception of trust accounting records (6 years), contingent fee contracts and closing statements in contingent fee cases (6 years), there is no specific number of years for which lawyers are required to keep closed files.

How long should you retain a client files?

The Model Rules suggest at least five years. See Model Rule 1.15(a). Many states set this requirement at six years, and some set it even further out. However, for certain types of legal matters, you must keep the files even longer.

How long do I need to keep client records?

Some suggest keeping correspondence and working papers for seven years, and keeping a permanent file if needed. Other members say they keep all of their client records going back as far as two decades, by scanning documents and destroying paper copies after two years.

How long does an attorney have to keep client files in Illinois?

seven yearsRule 1.15(a) of the Illinois Rules of Professional Conduct requires an attorney to maintain client trust account records for a period of seven years after the representation has ended. Some authors advocate waiting ten years before destroying files.

How long do lawyers have to keep files in Alabama?

How long must a file be retained? Generally, a lawyer should maintain a copy of the client's file for a minimum of six (6) years from termination of the representation or conclusion of the matter.

How long must an attorney keep client files in Pennsylvania?

Pennsylvania's Rule 1.15 (a) states that complete records of client funds and other property, which includes client files, must be held for five years after termination of the representation.

What is a document retention policy?

A document retention policy is also referred to as a records retention policy, records and information management policy, recordkeeping policy, or records maintenance policy. It codifies an organization's expectations for how its data is handled, from creation to destruction.

How long does an attorney have to keep client files in Texas?

5 yearsRule 15.10 of the Texas Rules of Disciplinary Procedure requires that trust account records must be retained for 5 years, and Texas Rule of Civil Procedure 76a considers certain settlement agreements and discovery materials to be court records that must not be destroyed.

What is the purpose of law firm document retention and destruction policy?

A formal, written RMP provides clear direction to law firm staff about how records should be created and maintained, how long they should be kept, how they should be destroyed, and who should oversee the process.

Who informs the Oregon State Bar of a violation of the Rules of Professional Conduct?

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the Oregon State Bar Client Assistance Office.

What is paragraph A in Oregon?

Paragraph (a) is essentially the same as DR 8-102(A) and (B), although the Oregon rule prohibits “accusations” rather than “statements” and applies only to statements about the qualifications of the person.

What is ABA Model Rule 1.9?

ABA Model Rule 1.9(a) and (b) require consent only of the former client. The Model Rule also has no definition of “substantially related;” this definition was derived in part from the Comment to MR 1.9.

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, what is the

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall , as far as reasonably possible, maintain

Can a lawyer disclose information about a client?

A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Is there a conflict of interest rule in Oregon?

This rule has no equivalent in the Oregon Code. It was adopted by the ABA in 2002 to address concerns that strict application of conflict of interest rules might be deterring lawyers from volunteering in programs that provide short-term limited legal services to clients under the auspices of a non-profit or court-annexed program.

Is the Oregon Code a lawyer-client privilege?

This rule has no counterpart in the Oregon Code. It is consistent with the rule of lawyer-client privilege that defines a client to include a person “who consults a lawyer with a view to obtaining professional legal services.” OEC 503(1)(a). The rule also codifies a significant body of case law and other authority that has interpreted the duty of confidentiality to apply to prospective clients.

What is the final stated grounds for producing less than the entire client file?

The final stated grounds for producing less than the entire client file is based on “appropriate disclosure” and lack of client objection. This makes perfect sense. If the client agrees to accept less than the entire file, it should be the client’s choice.

What is OSB Formal Opinion 2017-192?

OSB Formal Opinion 2017-192 is a lot to chew. And as noted above, it is one of two opinions issued in the last six months governing client files. I hope this post has helped, at least a bit. I am planning a CLE in June to address the issues raised by this opinion and its predecessor. Watch my blog for an announcement.

What is OSB opinion 192?

To bottom-line it for purposes of Opinion 192, providing clients with an electronic copy of their client file is fine, if they can access it. If they can’t, you are obliged to provide the file in a format “that can be accessed or read by the client.” For some, this may mean producing a paper file. See this post for a complete discussion.

Can a lawyer release documents?

Lawyers are not obliged to release documents or information to which the client is not entitled. For example, a legal memo or document from a prior case used for reference in the current client file. In fact, releasing such information would be a breach of the former client’s confidentiality.

Can electronic documents be produced as part of a client file?

Electronic documents or information “that could be construed as computer metadata, or which would otherwise be too burdensome and expensive to identify, locate, and produce in a readable or accessible format” need not be produced as part of the client file.

Can an attorney foresee the future utility of the information contained in a criminal case?

In criminal matters, the attorney cannot foresee the future utility of the information contained in the file. The Committee concludes, therefore, that it is incumbent on the attorney in a criminal matter to obtain some specific written instruction from the client authorizing the destruction of the file. Absent such written instruction, the attorney ...

Is physical space necessary for client files?

Physical space may not be as great an issue in the digital age regarding the storage of client files, but the fact remains that the storage of client files is necessary for some time. But how long?

Can an attorney choose a longer or shorter term of retention of client files?

Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.

How long can an attorney practice law in Oregon?

Attorneys who have taken and passed the bar examination in another United States jurisdiction, who are active members of the bar in a qualifying jurisdiction, and who have lawfully engaged in the active, substantial and continuous practice of law for no less than five of the seven years immediately preceding their application for admission under this rule 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.

Who recommends whether an applicant should be admitted to the practice of law in Oregon?

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.

What is a petition in Oregon?

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.

How long does it take to get your name published in the Oregon State Bar?

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.

What is the duty of an applicant to cooperate with the Board of Education?

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.

How old do you have to be to get into the Oregon bar?

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):

What are the standards of an attorney?

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.

What is the Oregon Revised Statutes?

The Oregon Revised Statutes provide some guidance on the process of withdrawing. ORS 9.380 allows a lawyer to withdraw, “ [b]efore judgment or final determination, upon the consent of the attorney filed with the clerk or entered in the appropriate record of the court.”.

How to contact Smorrill Oregon?

He screens complaints about lawyers for ethics concerns and also gives informal ethics advice to lawyers. He can be reached at (503) 431-6344, or toll-free in Oregon at (800) 452-8260, ext. 344, or by e-mail at [email protected]. Ethics opinions are published and updated on the bar’s website here.

Do you have to give time to find a new lawyer?

Depending on the complexity of the legal matter and the timing, you may have to at least cooperate with possible replacement counsel. You may even be required to assist your client in finding a new lawyer. People v.

Can I assert a lien on my attorney's fees?

You do have the right to assert an attorney fee lien over your client’s file if the client owes you for fees. See ORS 87.450. However, your lien rights must yield to your fiduciary duties to your client if your client is unable to pay your bill and the file is necessary to avoid foreseeable prejudice to your client.

What are the rules of professional conduct?

The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may" or "should," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer's professional role. Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

Who informs the appropriate professional authority of a lawyer who has committed a violation of the Rules of Professional Conduct?

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Why do lawyers delay information?

In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interests or convenience or the interests or convenience of another person. Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client.

How long does a seller have to give notice of a sale in Pennsylvania?

Once an agreement is reached between the seller and the purchaser, the client must be given written notice of the contemplated sale and file transfer including the identity of the purchaser, and must be told that the decision to consent or make other arrangements must be made within 60 days. If notice is given, and the client makes no response within the 60 day period, client consent to the sale will be presumed. The Rule provides the minimum notice to the seller’s clients necessary to make the sale effective under the Rules of Professional Conduct. The seller is encouraged to give sufficient information concerning the purchasing law firm or lawyer who will handle the matter so as to provide the client adequate information to make an informed decision concerning ongoing representation by the purchaser. Such information may include without limitation the purchaser’s background, education, experience with similar matters, length of practice, and whether the purchaser is currently licensed in Pennsylvania.

What is the role of a lawyer in the adversary system?

As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.#N#When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.#N#Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6 (a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.

What are the rules for disciplinary assessment of a lawyer?

The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation.