February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
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PROPOSED OREGON RPCS 7.1 THROUGH 7.5<br />
(as recommended by the Legal Ethics Committee <strong>February</strong> <strong>2013</strong>)<br />
Current ORPC Proposed ORPC Explanation<br />
organization does not make<br />
communications that would<br />
violate Rule 7.3 if engaged in<br />
by the lawyer.<br />
(a) A lawyer shall not by inperson,<br />
live telephone or realtime<br />
electronic contact solicit<br />
professional employment<br />
from a prospective client<br />
when a significant motive for<br />
the lawyer's doing so is the<br />
lawyer's pecuniary gain,<br />
unless the person contacted:<br />
(1) is a lawyer; or<br />
(2) has a family, close<br />
personal, or prior professional<br />
relationship with the lawyer.<br />
(b) A lawyer shall not solicit<br />
professional employment<br />
from a prospective client by<br />
written, recorded or<br />
electronic communication or<br />
by in-person, telephone or<br />
real-time electronic contact<br />
even when not otherwise<br />
prohibited by paragraph (a),<br />
if:<br />
(1) the lawyer knows or<br />
reasonably should know that<br />
(c) Any communication made<br />
pursuant to this rule shall<br />
include the name and office<br />
address of at least one lawyer<br />
or law firm responsible for its<br />
content.<br />
Rule 7.3 [Direct Contact with Prospective] Solicitation of Clients<br />
(a) A lawyer shall not by inperson,<br />
live telephone or realtime<br />
electronic contact solicit<br />
professional employment<br />
when a significant motive for<br />
the lawyer's doing so is the<br />
lawyer's pecuniary gain,<br />
unless the person contacted:<br />
(1) is a lawyer; or<br />
(2) has a family, close<br />
personal, or prior professional<br />
relationship with the lawyer.<br />
(b) A lawyer shall not solicit<br />
professional employment by<br />
written, recorded or<br />
electronic communication or<br />
by in-person, telephone or<br />
real-time electronic contact<br />
even when not otherwise<br />
prohibited by paragraph (a),<br />
if:<br />
(1) the lawyer knows or<br />
reasonably should know that<br />
the physical, emotional or<br />
This paragraph retains what is<br />
currently <strong>Oregon</strong> RPC 7.1(c).<br />
The proposed new rule is<br />
identical to current <strong>Oregon</strong><br />
RPC 7.3(a), but incorporates<br />
the recommendations of the<br />
ABA Ethics 20/20 Commission<br />
to change the title and deletes<br />
the phrase “from a<br />
prospective client.” The<br />
reason for that change is to<br />
avoid confusion with the use<br />
of the phrase in Rule 1.18,<br />
where a prospective client is<br />
someone who has actually<br />
shared information with a<br />
lawyer.<br />
Following the<br />
recommendation of the ABA<br />
Ethics 20/20 Commission, the<br />
proposed amended rule<br />
substitutes “target of the<br />
solicitation” for “prospective<br />
client” in subparagraphs (1)<br />
and (2).<br />
The proposed rule also retains<br />
<strong>Oregon</strong>’s (b)(1), which was<br />
eliminated from the Model
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