Access to Justice

Posted on 03/04/2019 by beverlym

A new study released by the Access to Justice Coalition paints a sobering picture of civil legal needs among low-income Oregonians.

84% of people with a legal problem did not receive legal help of any kind.
Only 49% of survey participants had heard of Legal Aid.
The average low-income household in Oregon experienced 5.4 civil legal problems over the last year.
Survivors of domestic violence and sexual assault suffer civil legal problems at
significantly higher rates compared to the general population.
Oregon’s community of people with disabilities disproportionately experiences legal problems and is disproportionately low-income.
30% of all survey participants experienced at least one form of discrimination.
On average, participants felt that the civil legal system treated people fairly “some of the time,” and that the civil legal system could help solve problems slightly less than “some of the time.”

What Can We Do?

The Oregon Law Foundation has issued this call to arms:

Educate

Talk about the importance of access to justice. Let people know that civil legal aid is there for those who need help. Share this report. The information in this report is not widely known and it is hard to solve problems that no one is talking about. Let’s amplify the conversation.

Speak Up

Oregon has broad bipartisan support for legal aid on both the state and federal levels. As a community, let’s continue our sustained focus on a fair and accessible legal system–a system where our neighbors can know their rights and get the help they need.

Fund Legal Aid

Legal aid is a state, federal, and private partnership. Legal aid receives funding from the State of Oregon, the federal government (via the Legal Services Corporation), private foundations, Interest on Lawyer Trust Accounts (via the Oregon Law Foundation), and private donations (via the Campaign for Equal Justice). The single best way to increase access to justice is to create more legal aid attorney positions.

Start Helping Legal Aid Today – It’s Free!

Lawyers can help fund Legal Aid by simply moving their IOLTA accounts to a bank or credit union paying a higher rate of interest.

Moving your IOLTA account is easy

Review the list of leadership banks and credit unions on the Oregon Law Foundation website.
Contact your institution of choice.
Set up your new IOLTA account.
Follow the steps in the Professional Liability Fund checklist to close your old account. From the PLF home page, select Practice Management > Forms > Trust Accounting > Closing Your IOLTA Account.

Questions?

Refer to the contact names and telephone numbers on the Oregon Law Foundation website.

Why Bother?

Because moving your account can mean big bucks – up to 175 times more in net interest to fund access to justice. Keep in mind these same leadership institutions not only pay more, they waive service fees!

Other Ways to Help

Visit the Campaign for Equal Justice to learn about donations, endowments, and other steps you can take to help. Remember to spread the word – about the issues raised in the study and the availability of services through Legal Aid.

Consider donating today.

Last call: Advanced Trust Accounting CLE

Posted on 10/22/2018 by beverlym

Don’t miss “Advanced Trust Accounting” this coming Wednesday, October 24.

Delve deeper into the more advanced issues of trust accounting, including how to safely manage wire and EFT transfers, proper handling of third-party and client payment plans, passing on credit card transaction fees, what to do with unclaimed funds, how to disburse settlement proceeds if your client is missing, and more. Don’t miss out. Register here before Wednesday at 9:00 a.m.

This program will cover:

The ethics of getting paid
Using layaway plans, collecting “first and last month’s rent,” managing evergreen retainers and hybrid fee agreements, receiving third party payments, bartering legal services, accepting credit cards, handling ACH, EFT, and wire transfers.

Clients who can net interest
Establishing accounts, issuing 1099s, seeking a refund from the Oregon Law Foundation.

Duties of law firm members
Delivering funds to departing lawyers and other duties of law firm members.

Garnishments and liens
Garnishing the lawyer trust account and tackling lienholders.

Ethics potpourri
Processing eCourt payments, crowdfunding and IOLTA, handling checks payable to third parties, supplying a missing client’s endorsement, controlling multi-jurisdictional accounts, carrying unclaimed funds.

Fraud, scams, and theft
Banking online, protecting funds using 12 simple steps, restricting funds, and purchasing fraud prevention services.

Date/Time/Location

Wednesday, October 24, 2018 from 10:00 a.m. to 11:15 a.m. Pacific Time. This is a live, online webinar.

Who Should Attend?

Lawyers, office administrators, legal staff, accounting staff – anyone interested in refreshing or advancing their knowledge of trust accounting, Oregon RPC 1.15, and related ethics opinions.

Group Discounts

Discounts available to firms who wish to register 5 or more attendees. Contact organizer to arrange a discount code before registering: beverly@oregonlawpracticemanagement.org.

Does the Program Include Written Materials?

Yes. Written materials will be distributed electronically to attendees.

Ask Questions/Live Polling

Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

Registration

Register here or visit the Upcoming CLE page. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price. Registration fee: $25.

MCLE Credits

1.25 MCLE ethics credits approved (Oregon) – Program 6724*13.

Can’t Attend?

Video and audio recordings will be available to download along with the program materials shortly after the live program event. Price: $25. Contact me or visit my online CLE store to place an order.

Report and Remit Abandoned Funds in October

Posted on 10/01/2018 by beverlym

money Funds held in your IOLTA account are deemed abandoned (unclaimed) if the owner has not accepted payment of the funds, corresponded in writing about the funds, or otherwise indicated interest in the funds within two years after the funds are payable or distributable to the owner.

Assess in June – Report and Remit in October

The normal cycle for assessing, reporting, and remitting unclaimed funds occurs annually in June and October. Funds that are unclaimed as of June 30 of each year are reported and remitted during the month of October. The Department of State Lands receives the original paperwork. The Oregon State Bar receives the funds and a copy of the reports. [Assuming the owner’s last known address is in Oregon, or a state with whom we have a reciprocal arrangement.] Reporting forms may be found here.

What If I Am Not in Compliance?

The DSL offers an extension request form, but before you fill it out, call the OSB. Previously, lawyers requesting an extension to report and remit abandoned IOLTA funds were told to contact the bar at its mailing address:

Oregon State Bar
P.O. Box 231935
Tigard, OR 97281-1935

Unfortunately, the DSL redesigned its website and this language disappeared. This may (or may not) be the current procedure. To be safe, speak with OSB General Counsel.

Will I Get in Trouble If I Don’t Report and Remit Unclaimed Funds?

A civil penalty is possible, but unlikely. ORS 98.992 provides:

A person who willfully fails to render any report, to pay or deliver property or to perform other duties required may be required to pay a civil penalty.

This penalty shall be assessed only after at least one reporting cycle
Only after the department has provided the person with written instructions, including copies of applicable laws and policies.
The department may waive any penalty due under this section with appropriate justification.

Bar discipline? Probably so.

OSB Formal Opinion 2005-48 makes clear that lawyers “must comply” with the provisions of the Uniform Disposition of Unclaimed Property Act. Given the ethical duty to safeguard client funds, this makes sense: obeying the statute is the highest level of protection you can offer once a client has walked away from his money.

Additionally, Oregon RPC 1.15-2(e) provides “The lawyer or law firm shall review the IOLTA account at reasonable intervals to determine whether circumstances have changed that require further action with respect to the funds of a particular client.”

If you are fulfilling this responsibility, you should notice whether you are holding funds that are abandoned and take appropriate action. (In this case, report and remit on a timely basis.)

What Should I Do Now?

I am a believer that it is never too late to do the right thing.

If you previously failed to report and remit funds, contact the bar. This will take some courage – no doubt. However, continuing to put the task off will only make the situation worse.
If you are concerned about the consequences of your noncompliance, get help. The names of top-notch lawyers who specialize in ethics defense are readily available. These specialists regularly write and speak on ethics topics.
If you are distressed by the potential of disciplinary action, contact the confidential Oregon Attorney Assistance Program. OAAP attorney counselors can be a resource and know of ethics attorneys who are available on a pro bono basis if you cannot afford to hire private counsel.

Don’t let allow a misunderstanding or mistake to become an insurmountable burden. Pick up the phone, get help, and make a plan to move forward.

Advanced Trust Accounting CLE

Posted on 09/10/2018 by beverlym

To attend, select the image above or click on this link: Register for “Advanced Trust Accounting.”

This program will cover:

Clients who can net interest
Establishing accounts, issuing 1099s, seeking a refund from the Oregon Law Foundation.

Duties of law firm members
Delivering funds to departing lawyers and other duties of law firm members.

Garnishments and liens
Garnishing the lawyer trust account and tackling lienholders.

Fraud, scams, and theft
Banking online, protecting funds using 12 simple steps, restricting funds, and purchasing fraud prevention services.

Don’t forget: Trust Accounting Fundamentals
September 26, 2018 from 10:00 a.m. to 11:30 a.m.

From managing bank charges and avoiding impermissible cushions to reporting overdrafts and addressing client fee disputes – this program will provide a fundamental understanding of how to operate your lawyer trust account. Topics include: the duty to protect property and funds; establishing an IOLTA account; IOLTA participation, confidentiality and reporting; fundamental concepts; and ethical recordkeeping. Learn more here. Register now at Eventbrite.

Answers to FAQs – Advanced Trust Accounting

Date/Time/Location

Wednesday, October 24, 2018 from 10:00 a.m. to 11:15 a.m. Pacific Time. This is a live, online webinar.

Who Should Attend?

Lawyers, office administrators, legal staff, accounting staff – anyone interested in refreshing or advancing their knowledge of trust accounting, Oregon RPC 1.15, and related ethics opinions.

Group Discounts

Discounts available to firms who wish to register 5 or more attendees. Contact organizer to arrange a discount code before registering: beverly@oregonlawpracticemanagement.org.

Does the Program Include Written Materials?

Yes. Written materials will be distributed electronically to attendees.

Ask Questions/Live Polling

Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

Register Now for Advanced Trust Accounting

$25 – Visit the Upcoming CLE page or click on the image above. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Can’t Attend?

Video and audio recordings will be available to download along with the program materials shortly after the live program event. Price: $25. Contact me or visit my online CLE store to place an order.

Trust Accounting Fundamentals CLE

Posted on 08/27/2018 by beverlym

Topics include:

The duty to protect property and funds

Segregating the property of clients or third persons
Holding funds in a lawyer trust account
Distribution of IOLTA interest

Establishing an IOLTA account

Selecting a financial institution and choosing a jurisdiction
Naming the IOLTA account
Understanding bank service charges
Avoiding impermissible cushions
Opening pooled and separate lawyer trust accounts

IOLTA participation, Confidentiality, and Reporting

Informing clients of your participation in IOLTA
Protecting confidentiality of IOLTA information
Complying with annual reporting requirements

Fundamental Concepts

Receiving and disbursing funds
Taking earned fees
Paying and refunding client costs
Best practices for paying yourself
Using fixed fees and calculating refunds
Delegating to staff
Reporting overdrafts
Addressing client fee disputes

Ethical Recordkeeping

Segregating funds by keeping a running total and tracking individual accounts
Reconciling the trust account
Reviewing software options
Recordkeeping rules

Registration

Answers to FAQs

Date/Time/Location
Wednesday, September 26, 2018 from 10:00 a.m. to 11:30 a.m. Pacific Time. This is a live, online webinar.

MCLE Credits
1.5 ethics MCLE credits pending (Oregon).

Who Should Attend?
Lawyers, office administrators, legal staff, accounting staff – anyone interested in refreshing or improving their knowledge of trust accounting, Oregon RPC 1.15, and related ethics opinions.

Group Discounts
Discounts available to firms who wish to register 5 or more attendees. Contact organizer to arrange a discount code before registering: beverly@oregonlawpracticemanagement.org.

Does the Program Include Written Materials?
Yes. Written materials will be distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Can’t Attend?

Video and audio recordings will be available to download along with the program materials shortly after the live program event. Price: $25. Contact me or visit my online CLE store to place an order.

+ Add your own event Eventbrite

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What Can We Do?

Educate

Speak Up

Fund Legal Aid

Start Helping Legal Aid Today – It’s Free!

Moving your IOLTA account is easy

Questions?

Why Bother?

Other Ways to Help

Share this:

Like this:

Registration

MCLE Credits

Can’t Attend?

Share this:

Like this:

Assess in June – Report and Remit in October

What If I Am Not in Compliance?

Oregon State Bar P.O. Box 231935 Tigard, OR 97281-1935

Will I Get in Trouble If I Don’t Report and Remit Unclaimed Funds?

What Should I Do Now?

Share this:

Like this:

Date/Time/Location

Who Should Attend?

Group Discounts

Does the Program Include Written Materials?

Ask Questions/Live Polling

Can’t Attend?

Share this:

Like this:

Topics include:

The duty to protect property and funds

Establishing an IOLTA account

IOLTA participation, Confidentiality, and Reporting

Fundamental Concepts

Ethical Recordkeeping

Registration

Answers to FAQs

Can’t Attend?

Share this:

Like this:

Oregon State Bar
P.O. Box 231935
Tigard, OR 97281-1935