Oregon Rejects Unauthorized Practice Charges

In this lawyer discipline case, respondent moved to Oregon from Pennsylvania and began work as general counsel for Portland Public Schools (PPS) before he became a member of the Oregon Bar. The Bar charged respondent with violating RPC 5.5(a), RPC 5.5(b)(1) and (2), and ORS 9.160(1), which prohibit the unauthorized practice of law. A trial panel of the Disciplinary Board conducted a hearing and found that respondent had not committed the charged offenses. The trial panel concluded that respondent’s conduct was covered by RPC 5.5(c), which provides an exception to the rules and statute for a lawyer “provid[ing] legal services on a temporary basis.

 

The Bar sought review.

 

The attorney had been selected after a nationwide search and was admitted in New York and Pennsylvania. He was not admitted in Oregon, which was a condition of employment.

 

He accepted the position and started in June 2017. He gathered the materials to apply for reciprocal admission and filed the application in early September of that year. The Bar “did not flag any impropriety” at that time.

 

An unrelated (and unfounded) bar complaint was filed two months later. The complaint led an assistant general counsel to raise concerns as to possible unauthorized practice.

 

The attorney left the job for unrelated reasons. On that same day the Bar recommended that the court admit him. The Bar withdrew the recommendation on the following day and brought this prosecution.

 

The court held that the exception permitting practice on a temporary basis authorized the practice here.