February 22, 2013 - Oregon State Bar

OREGON STATE BAR
Board of Governors Agenda
Meeting Date: February 22, 2013
From:
Sylvia E. Stevens, Executive Director
Re:
Proposal to Amend Oregon’s Advertising Rules
Action Recommended
Consider the Legal Ethics Committee’s recommendation to submit amendments to
Oregon’s advertising rules to the HOD in November 2013.
Background
In August 2009, a BOG-appointed Advertising Task Force presented its report and
recommendations for sweeping changes in Oregon’s rules governing lawyer advertising and
solicitation. The Task Force’s conclusions and recommendations were premised on its
understanding of the limits that can be placed on commercial speech under the Oregon
Constitution and its most significant proposed change was elimination of the prohibition on inperson
solicitation. In the face of strenuous objection from the Oregon Trial Lawyers
Association, the BOG accepted the Task Force report but took no action on the
recommendations.
At the 2010 HOD meeting, a resolution to conform Oregon’s RPCs on advertising to the
Washington rules was defeated, principally because delegates felt they didn’t have enough
information about the effect of the changes. During the discussion, several members suggested
that the issue was something the bar should study, not only to accommodate lawyers who
practice in both Oregon and Washington, but also because increased reciprocity means more
lawyers will be practice in different states and will benefit from more uniformity in regulation.
In February 2011, at the recommendation of the Policy and Governance Committee, the
BOG directed the Legal Ethics Committee to study and make recommendations to the BOG
regarding conforming Oregon’s advertising rules to those of our neighboring states. After nearly
two years of work, the LEC submitted its preliminary recommendations to the BOG at its June
2012 meeting. The BOG discussed the Committee’s recommendations and suggested that
members of OTLA and other interested members have an opportunity to comment on the
proposed changes before they BOG decides whether to put them before the HOD for a vote.
Between June 2012 and February 2013, the LEC continued to refine its proposal to assure that it
retained provisions that addressed unique aspects of practice in Oregon. If the BOG approves
the amendments now proposed by the LEC, there is ample time to present them to the
membership for a “comment period” before the HOD meeting in November 2012.
Oregon’s current rule are based on the former ABA Model Code that was promulgated
in 1970. The rules were amended at various times over the ensuing 35 years as court decisions
relaxed the limits on lawyer advertising and solicitation. In 2005, when Oregon adopted Oregon