what kinds of disputes can i take to the attorney general oregon

How do I file a complaint against an Oregon lawyer?

A fundamental function of government is the orderly management of conflict and resolution of disputes. The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the facts and circumstances of the case, including the interests of the parties, the nature of the dispute, and any statutory or policy restrictions governing the use of a particular …

How does the Oregon State Bar investigate inquiries and complaints about lawyers?

Feb 10, 2022 · Oregon Attorney General Greenlights Campaign Money Measures in Win for Petitioners Her decision means Honest Elections can take several disputes to the Oregon Supreme Court all at once—and ...

What are the different types of court orders in Oregon?

RESOLVING DISPUTES WITH. YOUR CONTRACTOR. Information for Filing a Complaint . Oregon Construction Contractors Board . PO Box 14140 . Salem, OR 97309-5052 . Phone: 503-934-2247 . Fax: 503-373-2007

Can a lawyer be licensed out of State in Oregon?

OSB Fee Dispute Resolution Rules (Revised 2020) 3 . 4.2. An arbitration proceeding shall be initiated by the filing of a written petition and arbitration agreement. The petition must be signed by one of the parties to the dispute and filed with General Counsel’s Office within 6 years of the completion of the legal services involved in the ...

What are the three types of dispute?

Here's a review of the three basic types of dispute resolution to consider:Mediation.Arbitration.Litigation.Oct 11, 2021

What are the types of dispute?

Family Disputes.Commercial Disputes.Industrial Disputes.Property Disputes.Jan 18, 2021

What disputes can be submitted to ADR?

Alternative dispute resolution (ADR) is designed to settle disputes outside of the courtroom with the help of an impartial third party. This path is generally accessible after efforts between the client and the insurer to resolve any differences between themselves fails and reaches an impasse.

What are the four types of dispute resolution?

The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration.

What are the five methods of dispute resolution?

Learn about the methods we use to resolve disputes – arbitration, mediation, conciliation and case appraisal.

What are the three dispute resolution?

There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution.

What kind of disputes Cannot be submitted to arbitration?

Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction.

Which of the following matters Cannot be referred to alternative dispute resolution?

& Ors., (2010) 8 SCC 24, Supreme Court enumerated the following categories of cases not suitable for ADR having regard to their nature: Suits mentioned under Order I, Rule 8 CPC which involve interest of public or interest of several persons who are not parties before the court. Election disputes as to public offices.

What Cannot be arbitrated?

Examples for matters which cannot be referred to arbitration are (i) family law matters such as divorce, patrimony or adoption, disputes concerning personal or marital status; and (ii) public law disputes such as criminal cases.

What kind of disputes not be settled through ADR?

Under Indian law, the kinds of disputes that can't be resolved by arbitration include: Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions.

What are the two methods of dispute resolution?

Dispute resolution processes fall into two major types: Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

What is the best method of dispute resolution?

Negotiation, mediation and arbitration - often called ADR or alternative dispute resolution- are the most well-known.

What the Oregon Department of Justice Does

Under the leadership of Attorney General Ellen F. Rosenblum, the Oregon Department of Justice serves state government and supports safe and healthy communities throughout Oregon by providing essential justice services.

Working for You

2020 was a challenging, but rewarding, year! Over the past year the work of the Oregon DOJ’s work was shaped by a global pandemic, devastating wildfires, urgent calls for racial justice and police reform, and an alarming rise in acts of hate and bias.

What is the purpose of the Oregon State Bar Rules?

1.1 The purpose of these Rules is to provide a voluntary method to resolve fee disputes between active members of the Oregon State Bar maintaining offices in Oregon and their clients; between those members and other active members of the Oregon State Bar; and between active members of a state bar other than Oregon and their clients who either are residents of the state of Oregon or have their principal place of business in Oregon.

What is the ORS 18.042 statement?

An award that requires the payment of money shall be accompanied by a separate statement that contains the information required by ORS 18.042 for judgments that include money awards.

Why do property lines in Oregon get disagreements?

Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, the disagreements arise because of fencing, trees, and other boundary line concerns. Though some Oregon property owners feel they are well within their rights to take matters into their own hands to resolve these types of disagreements, doing so could cause additional problems. Court intervention is typically the best way to identify and enforce property lines.

What is ownership issue in Oregon?

This often happens when someone bequeaths their real estate to another without going through the proper process or there are other parties with ownership rights, such as certain lien holders. Determining the rightful owner of a property in Oregon is not always easy. Many factors and issues can arise when disagreements over real estate exist.

What is an easement dispute?

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Oregon property deeds.

Is a real estate contract enforceable in Oregon?

No Oregon real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Oregon without a valid mutually beneficial contract.

Do sellers have to disclose information about their properties?

In real estate transactions, sellers must disclose specific information about their properties. Despite this requirement, some unscrupulous sellers commit fraud and try to take advantage of buyers by withholding important information that could ultimately impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an Oregon real estate lawyer to straighten things out.

Can a lien be cleared before a mortgage?

However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.

Do you have to go to trial in real estate in Oregon?

Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an Oregon lawyer who has the knowledge and experience to get you the resolution you seek. Depending on the nature of your real estate disagreement, the courts may include financial compensation and injunctions to prevent the issues from reoccurring and the defendant from retaliating.

Who represents audited business in Oregon?

If an audited business is structured as a corporation, it may be represented at hearing by an attorney licensed by the State of Oregon or by an authorized officer or regular employee of the corporation. If the business is structured as a limited liability company (LLC), it may be represented by an authorized member of the company or a regular employee of the LLC. If structured as a partnership or a sole proprietorship, the business may be represented by an attorney or the sole proprietor or authorized partner of a partnership may represent the business.

How to stick to the issues in an administrative case?

Once you have identified all the issues, stick to them. As you select and collect your evidence, interview witnesses, and write your arguments, you should always stick to the issues. The administrative law judge will not be interested in anything but evidence that relates to the issues.

How to prove a case?

Once you have identified the issues, the next step is to collect evidence that will help prove your case. Good evidence wins cases. Evidence includes your own testimony and supporting documents and witnesses that will help you prove that you are right. You can start collecting evidence by: 1 Reviewing all-important documents and records that relate to the issues in your case. Read each document and decide if it will help your case. 2 Interviewing people who have something to say that will help your case. 3 >Collecting evidence for your case. If you need help getting documents from doctors, hospitals, etc., the agency representative can often help you get the information you need.

What is insurance sanction?

Sanction cases are those in which the Insurance Division seeks to either revoke or suspend the license or, or impose a fine against, an insurance company or agent. These are in-person hearings held in Salem. The Insurance Division is always represented by an assistant attorney general from the Oregon Department of Justice. At hearing, the Insurance Division has the burden of proving the allegations. It will present its evidence first. Then it is the turn of the company or agent. The company or agent go first in presenting evidence, followed by the respondent. A respondent may represent themselves or be represented by an attorney who is licensed by the State of Oregon.

What is administrative hearing?

An administrative hearing is an informal way of resolving disputes between agencies and citizens without the strict procedural rules of a court. An administrative law judge conducts the hearing and prepares an order. There are two kinds of orders: final orders and proposed orders.

How to win a case against a government agency?

First, think about all possible issues in your case. Carefully plan your argument, outlining why you think the agency acted incorrectly and why your arguments should win. People sometimes emphasize the wrong issues, they bring up information having nothing to do with the issues in the case.

Who has the burden of proving a fact to the administrative law judge?

In general, whoever is relying on a particular fact has the burden or proving it to the administrative law judge. Therefore, you should be ready to present evidence supporting your position.

What to do if your lawyer is negligent?

If you think your lawyer might have been negligent in representing you, you should contact a lawyer who handles professional malpractice cases. All Oregon lawyers in the private practice of law whose principal office is in Oregon are required to have professional liability coverage.

What is a disciplinary counsel?

Disciplinary Counsel's Office investigates all grievances referred by the Client Assistance Office. You and the lawyer may be asked to submit additional information or to respond to specific questions. Personal or telephone interviews may be conducted and staff may gather information from other sources. You should not expect your complaint to be decided solely on the basis of what you claim happened. (Nor should the lawyer expect that a matter will be decided based solely on the information the lawyer provides.) The final decision must depend upon the weight of all the available evidence.

What is a formal hearing?

A formal hearing, much like a court trial, will be held. Evidence in the form of testimony or documents is presented by both the bar and the respondent lawyer. The bar must establish its allegations by clear and convincing evidence. As in a trial, witnesses testify under oath and a record is made of the proceedings.

What happens if the SPRB finds probable cause?

If the SPRB finds that probable cause exists to believe that a disciplinary rule violation has occurred, a formal proceeding is filed against the lawyer by the bar. The lawyer is notified and required to answer. A trial panel is appointed to act as judge. Each trial panel includes the Adjudicator, who is a lawyer appointed by the Oregon Supreme Court and employed by the Bar, a second lawyer and one nonlawyer ("public") member. The second and third members of the panel are trained volunteers.

What is CAO in the bar?

All inquiries about lawyer conduct are reviewed first by the Client Assistance Office (CAO) to determine if there is sufficient basis to warrant further investigation by the bar . Staff in that office may call you or the lawyer for additional information. A copy of your written complaint will be sent to the lawyer and you will receive a copy of any written response the lawyer makes.

How many people have impaired hearing?

About 28 million Americans now suffer from impaired hearing. Not surprisingly, noise affects the ability to concentrate and learn. Schoolchildren exposed to excessive noise — for example, in schools close to airports or elevated trains — have been found to have problems with reading and memory. Back to top.

What to do if you value neighbor?

If you value the neighbor relationship at all, or just want peace in the future, give mediation a try. You and the neighbor can sit down together with an impartial mediator and resolve your own problems. Mediation services are available in most cities and often they are free.

Can you quiet your neighbor?

Yes, you can ask for the landlord’s help in quieting the neighbor. Standard rental and lease agreements contain a clause entitled “Quiet Enjoyment.”. This clause gives tenants the right to occupy their apartments in peace and also imposes upon them the responsibility not to disturb their neighbors.

Can you get a dog to stop barking?

Usually, problems with barking dogs can be resolved without resorting to police or courts. If you do eventually wind up in court, however, a judge will be more sympathetic if you first made at least some effort to work things out informally. Here are the steps to take when you’re losing patience (or sleep) over a neighbor’s noisy dog:

Is barking a dog a nuisance?

In some places, barking dogs are covered by a specific state or local ordinance. If there’s no law aimed specifically at dogs, a general nuisance or noise ordina nce makes the owner responsible. And someone who allows a dog to bark after numerous warnings from police may be arrested for disturbing the peace.

Is noise a health hazard?

Research solidly supports claims that noise is a health hazard, not just a nuisance. Exposure to sounds of 115 decibels for 15 minutes a day causes hearing loss, according to the League of the Hard of Hearing ( www.lhh.org, a valuable site for noise-related resources).