Professional Responsibility
Professional Responsibility tests the Oregon Rules of Professional Conduct and the Oregon State Bar disciplinary framework. Expect competence, confidentiality, conflicts, candor, fees, trust accounts, advertising, and prosecutor obligations.
Core rules
- ORPC 1.6 protects confidential information; disclosure is permitted only with informed consent or as required by law or to prevent death or substantial bodily harm.
- ORPC 1.7 and 1.9 govern concurrent and former-client conflicts; affected clients may consent in writing if the lawyer reasonably believes competent representation is possible.
- ORPC 3.3 requires candor to the tribunal; a lawyer may not offer false evidence and must take reasonable remedial measures.
- Client funds go in trust under ORPC 1.15; commingling is prohibited, and earned fees must be withdrawn promptly.
Worked example
A lawyer represents a client who admits he plans to testify falsely about where he was on the night of the crime. The lawyer must remonstrate with the client and seek to withdraw if the client insists. If withdrawal is not permitted, the lawyer may disclose the perjury to the tribunal only as necessary to remedy the fraud, but may not testify as a witness or reveal unrelated confidences. Reasoning: candor to the tribunal overrides the client's stated plan, but confidentiality still limits disclosure.
Traps
Do not confuse confidentiality with privilege; do not rely on oral consent for a conflict; do not contact a represented party; do not use trust funds for operating expenses.