Chapter 9 — Chapter 9

ORS 9.620 [Repealed by 1953 c.609 §2]

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ORS 9.625 Plan to relieve client losses; rules. The board of governors may adopt a plan to relieve or mitigate pecuniary losses to the clients of active licensees caused by dishonest conduct of those licensees in their practice of law. The plan may provide for establishing, administering and dissolving a separate fund and for payments from that fund to reimburse losses and costs and expenses of administering the fund. The board may adopt rules of procedure to carry out the plan. The insurance laws of the state shall not apply to this fund. [1967 c.546 §3; 1975 c.641 §10; 1989 c.1052 §12; 2025 c.32 §39]

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ORS 9.630 [Repealed by 1953 c.609 §2]

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ORS 9.635 Sources of client security fund. A client security fund may include

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ORS 9.640 [Repealed by 1953 c.609 §2]

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ORS 9.645 Annual payment by state bar licensees. To establish and maintain a client security fund, the board of governors may require an annual payment by each active licensee of the state bar. The payment authorized by this section shall be due at the same time, and enforced in the same manner, as payment of the annual licensure fee. [1967 c.546 §5; 1975 c.641 §11; 1979 c.314 §1; 1983 c.122 §1; 1989 c.1052 §25; 1991 c.726 §6; 2025 c.32 §41]

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ORS 9.650 [Repealed by 1953 c.609 §2]

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ORS 9.655 Investigation of claim of loss; subpoena. (1) Upon the filing of a claim, verified under oath, by a client claiming a pecuniary loss payable from the client security fund, the board of governors or its designated representative shall determine if the person named in the claim as the licensee whose dishonest conduct caused the loss was an active licensee of the Oregon State Bar engaged in the practice of law in Oregon at the time of the transaction out of which the claim arose and whether the transaction arose out of the person’s practice of law in Oregon. The board or designated representative shall then determine whether the loss was caused by the person’s dishonest conduct and if the person

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ORS 9.657 Immunity from civil liability. (1) Any person who has made a claim with the client security fund committee of the bar concerning a loss allegedly caused by the intentional dishonest conduct of a licensee representing the person, or who has given information to the bar relative to a client security fund claim or award shall be absolutely immune from civil liability for such acts

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ORS 9.660 [Repealed by 1953 c.609 §2]

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ORS 9.665 Authority for reimbursement of client; waiver of conditions; subrogation for amount paid. (1) Except as provided in this section, reimbursement from the client security fund is discretionary with the board of governors

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ORS 9.670 [Repealed by 1953 c.609 §2]

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ORS 9.675 Mandatory certification and disclosures for lawyer trust accounts. (1) An active licensee of the Oregon State Bar shall certify annually to the bar whether the licensee maintains any lawyer trust accounts in Oregon. If a licensee maintains one or more lawyer trust accounts, the licensee must disclose the financial institution in which each account is held and the account number for each account. The chief executive officer of the bar shall prescribe a form and due date for the certification and disclosures required by this section

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ORS 9.680 [Repealed by 1953 c.609 §2]

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ORS 9.685 Trust account overdraft notification program. (1) Subject to the requirements of ORS 9.490, the Supreme Court may establish a trust account overdraft notification program for licensees

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ORS 9.688 Circuit court jurisdiction to determine entitlement to property in lawyer trust account. A circuit court has jurisdiction to determine who is entitled to property contained in a lawyer trust account during a probate of a deceased licensee’s estate. [2021 c.497 §10; 2023 c.72 §18; 2025 c.32 §47]

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ORS 9.690 [Repealed by 1953 c.609 §2]

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ORS 9.695 Status of files or work premises of licensee; inadmissibility of evidence subject to search or seizure. (1) Notwithstanding ORS 133.535, the files, papers, effects or work premises of a licensee relating to the provision of legal service by the licensee shall not be subject to search or seizure by any law enforcement officer, either by search warrant or otherwise

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ORS 9.700 [Repealed by 1953 c.609 §2]

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ORS 9.705 Definitions for ORS 9.705 to 9.757. As used in ORS 9.705 to 9.757

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ORS 9.710 Jurisdiction of circuit court over law practice of nonperforming licensee. The circuit court of the county in which a licensee engaged in the practice of law in this state maintains or has maintained a principal office has jurisdiction as provided in ORS 9.705 to 9.757 whenever the licensee has died, is disbarred or suspended from the active practice of law, is incarcerated or has abandoned the practice and

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ORS 9.715 Petition to take jurisdiction over law practice. (1) When the Oregon State Bar or an attorney determines that one of the circumstances listed in ORS 9.710 exists, the bar or the attorney may petition the court ex parte to take immediate jurisdiction over the affected licensee’s law practice as provided in ORS 9.705 to 9.757

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ORS 9.720 Court taking jurisdiction over law practice. If the court finds that it has jurisdiction and finds that the assumption of such jurisdiction is necessary in order to protect the interest of the clients of the affected licensee or to protect the public interest, the court may, by appropriate order, immediately take jurisdiction over the law practice of the affected licensee to the extent the court determines is necessary. The exercise of jurisdiction may extend only to the affected licensee’s lawyer trust account or may include all legal files, clients’ trust funds, clients’ property and all books, records, funds and property used in the law practice of the affected licensee. [1979 c.252 §5; 2015 c.6 §4; 2023 c.72 §23; 2025 c.32 §90]

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ORS 9.722 [1997 c.135 §2; repealed by 2015 c.6 §5]

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ORS 9.725 Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution. (1) If the court assumes jurisdiction under ORS 9.705 to 9.757, it shall appoint the Oregon State Bar or, if the bar declines the appointment, an attorney, to act as custodian of the law practice of the affected licensee. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court may order the bar or the appointed attorney to do one or more of the following

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ORS 9.727 Service of order of custodianship. The Oregon State Bar or an attorney appointed as custodian of a law practice under ORS 9.725 shall serve a copy of an order appointing the custodian on the affected licensee or any person assisting in the suspension or termination of the affected licensee’s practice. The bar or appointed attorney shall serve the copy of the order by regular mail to the last-known address of the affected licensee in the records of the bar or to a duly appointed fiduciary at the address provided in an official filing. The affected licensee or assisting person may, within 10 days of the service, request a hearing to challenge the order. After the hearing, the court may vacate or modify the custodianship order as the court finds appropriate. [2015 c.6 §9; 2021 c.497 §5; 2023 c.72 §25; 2025 c.32 §52]

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ORS 9.730 Assistance by professional liability fund and other licensees. After appointment as custodian of a law practice under ORS 9.725, the Oregon State Bar may engage the services of the Oregon State Bar Professional Liability Fund created under ORS 9.005 to 9.757 or any active licensee of the bar to assist in the performance of the bar’s duties as custodian. Acts performed by a licensee of the bar in assisting the custodian do not constitute acceptance of employment by any client of the affected licensee. [1979 c. 252 §9; 1985 c.512 §8; 1989 c.1052 §19; 2015 c.6 §7; 2023 c.72 §26; 2025 c.32 §53]

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ORS 9.735 Compensation of custodian. The court shall enter a judgment awarding reasonable compensation and expenses to the Oregon State Bar or an attorney appointed under ORS 9.725 for acting as custodian under ORS 9.705 to 9.757. The judgment shall be against the affected licensee or the estate of the affected licensee. The judgment is a lien upon all nontrust funds, office furnishings, supplies, equipment, library and other personal property used in the law practice of the affected licensee retroactive to the date of filing of the petition for jurisdiction under ORS 9.705 to 9.757. The judgment lien takes priority over all general unsecured creditors, nonpossessory liens and security interests that were unperfected on the date the court assumed jurisdiction, and may be foreclosed as provided in ORS chapter 87. [1979 c.252 §11; 1985 c.512 §9; 1989 c.1052 §20; 2003 c.576 §225; 2013 c.3 §1; 2015 c.6 §11; 2021 c.497 §6; 2023 c.72 §27; 2025 c.32 §54]

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ORS 9.740 Court orders appealable; stay. Jurisdictional and final orders of the circuit court pursuant to ORS 9.705 to 9.757 are appealable but may not be stayed except as ordered by the circuit court or any appellate court. [1979 c.252 §7; 1985 c.512 §10; 1989 c.1052 §21]

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ORS 9.745 Statutes of limitation suspended. Any applicable statute of limitations or time limit for the filing set by statute or rule of court as it relates to the affected licensee’s clients shall be suspended automatically by the filing of a petition for jurisdiction under ORS 9.705 to 9.757 for a period of 120 days following the date of filing of such petition. [1979 c.252 §8; 1985 c.512 §11; 1989 c.1052 §22; 2023 c.72 §28; 2025 c.32 §55]

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ORS 9.750 Confidentiality of files and records; attorney-client privilege. Persons examining the files and records of the law practice of an affected licensee pursuant to ORS 9.705 to 9.757 shall preserve the confidentiality of the information relating to the affected licensee’s representation of a client and shall make disclosure only to the extent necessary to carry out the purposes of ORS 9.705 to 9.757. Such disclosure is a disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected licensee was consulted. Communications between the Oregon State Bar or its designees or an attorney appointed as custodian of a law practice under ORS 9.725 and a client of the affected licensee are subject to the attorney-client privilege to the same extent as it would have applied to communications by or to the affected licensee. [1979 c.252 §10; 1985 c.512 §12; 1989 c.1052 §23; 2015 c.6 §12; 2021 c.497 §7; 2023 c.72 §29; 2025 c.32 §56]

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ORS 9.755 Final report of custodian; petition for compensation; court approval. Whenever the purposes of ORS 9.705 to 9.757 have been accomplished with respect to the law practice of an affected licensee for which the Oregon State Bar or an attorney has been appointed as custodian under ORS 9.725, the bar or the appointed attorney shall file with the court a final report and accounting of all funds and property coming into the possession or control of the bar or the appointed attorney as custodian and a petition for compensation and expenses of the bar or the appointed attorney for acting as custodian. The bar or the appointed attorney shall mail a copy of the report and accounting and a copy of the petition for compensation and expenses to all persons upon whom service was made pursuant to ORS 9.727. Upon approval by the court, an order shall be entered approving the final report and accounting, fixing the amount of compensation and expenses to be allowed to the bar or the appointed attorney, and discharging the bar or the attorney from further duties. [1979 c.252 §12; 1985 c.512 §13; 1989 c.1052 §24; 2015 c.6 §13; 2021 c.497 §8; 2023 c.72 §30; 2025 c.32 §57]

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ORS 9.757 Retention of client materials. (1) Except as provided in subsection (2) of this section or by court order, the Oregon State Bar may dispose of client papers and files that have not been claimed by a client of an affected licensee within six months after written notice to the client from the bar. The bar must dispose of the papers and files in a manner reasonably calculated to protect the confidentiality of the information contained in the papers and files

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ORS 9.760 Judicial department library services; fees. The State Court Administrator may authorize any library of the judicial department of government to provide photographic or other copies of any of its materials, and to make reasonable charges for such copies or services. [Amended by 1959 c.655 §1; 1985 c.308 §2]

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ORS 9.770 [Amended by 1959 c.655 §2; repealed by 1985 c.308 §6]

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ORS 9.780 Exchange of legal publications. The State Court Administrator may send, free of charge, one copy of the codes, session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports of this state as the same may be published, to each state and foreign country that exchanges, free of charge, its codes, session laws and equivalent reports with this state. All legal books and publications received in exchange by the state shall be added to the collection of the State of Oregon Law Library. [Amended by 1985 c.308 §3; 2001 c.779 §6]

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ORS 9.790 Legislative Counsel furnishing copies of codes and session laws for exchange. The Legislative Counsel shall, upon requisition of the State Court Administrator, supply a sufficient number of copies of the codes and session laws of this state, as the same may be published, to carry out the provisions of ORS 9.780. [Amended by 1985 c.308 §4]

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ORS 9.800 Sale of surplus codes and session laws. The State Court Administrator may sell the unused sets of Oregon codes and session laws which are not needed for the purpose of exchanging for the codes and session laws of other states and for other books. The sales shall be for cash and the proceeds deposited as provided by ORS 8.130. [Amended by 1985 c.308 §5]

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ORS 9.810 [Repealed by 1985 c.308 §6]

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ORS 9.815 County law libraries and law library services. (1) Each county shall

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ORS 9.820 Law libraries in Multnomah County. (1) In all counties containing more than 700,000 inhabitants, according to the latest federal decennial census, the governing body of the county may

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ORS 9.825 Law library surveys; reports. (1) The State Court Administrator shall conduct every two years an electronic survey of all county law libraries and the law library services provided by counties. The survey must request information on

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ORS 9.829 Use of moneys distributed to counties. Notwithstanding any other law, the governing body of a county may, after consulting with the presiding judge of the circuit court, use up to one-half of the moneys distributed to the county by the Chief Justice of the Supreme Court from moneys appropriated to the Judicial Department for the purpose of operating law libraries or providing law library services, for the purpose of providing conciliation and mediation services in circuit courts. [2017 c.725 §19]

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ORS 9.830 [Amended by 1965 c.619 §4; 1981 s.s. c.3 §78; 1983 c.763 §36; repealed by 2011 c.595 §104]

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ORS 9.840 [Amended by 1963 c.519 §2; 1965 c.619 §5; 1981 s.s. c.3 §79; 1983 c.763 §37; 1997 c.801 §147; 2011 c.224 §2; repealed by 2011 c.595 §104]

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ORS 9.850 [Amended by 1963 c.519 §3; 1965 c.619 §6; 2003 c.14 §11; 2011 c.224 §3; repealed by 2011 c.595 §104]

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ORS 9.860 Universal representation program; grants; transfer of funds to Legal Services Program for immigration legal services; advisory committee; report to legislature. (1)(a) A nonprofit organization registered in this state that addresses and executes worker relief as the organization’s primary purpose shall serve as the fiscal agent to award grants to organizations to provide services related to immigration matters through a universal representation program. Funds must be allocated for, but are not limited to, the following purposes

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ORS 9.865 Universal Representation Fund. (1) The Universal Representation Fund is established in the State Treasury, separate and distinct from the General Fund

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ORS 9.990 Penalties. (1) Any person who violates ORS 9.160 shall be fined not more than $500 or imprisoned in the county jail for a period not to exceed six months, or both

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