Are Changes Coming to Oregon’s Data Breach Law?

Attorney General Ellen Rosenblum is urging the Oregon legislature to update Oregon’s data breach law:

“Data breach and the distribution of personal information is a growing risk for Oregonians. Nationally, data breaches in 2013 exposed an estimated 546 million piece of personal information. The Oregon Identity Theft Prevention Act of 2007 requires businesses and governmental agencies to notify consumers of digital data breaches and develop safeguards for personal information but provides no protection for medical, insurance or biometric information. By extending enforcement power to the Oregon Department of Justice, Oregon will be able to use the effective enforcement tools of the already-existing Unlawful Trade Practices Act .” Read more here.

Track the status of legislative action on this issue and in other areas that affect your practice by using the Oregon State Bar 2015 Regular Session Bill Tracking tool.

The 2015 Oregon State Bar Law Improvement Proposals are found here. The 2015 Oregon State Bar Legislative Priorities include improvements to court funding in general, eCourt funding in particular, and legal services to the poor. Read more here.

Legislation Alerts Issue of In Brief Now Online

The January issue of In Brief is now available on the PLF Web site.

imagesFrom the Editor:  This special issue focuses on some of the significant changes made by the 2013 Oregon Legislature.  Bills are listed by area of law.  Some bills pertain to more than one practice area, so practitioners are encouraged to look through all the sections.

The new legislation takes effect January 1, 2014, unless otherwise noted.  In addition the PLF published “2013 Oregon Legislative Session – ‘Emergency Legislation'” in the September issue of In Brief, focusing on some of the bills that became effective last year.  Those bills are NOT reprinted in this issue, so practitioners are encouraged to consult that document as well.

The following practice areas are covered in this special issue:

Administrative Law
Business Law
Civil Procedure and Litigation
Construction Law
Consumer and Debtor-Creditor Law
Criminal Law
Domestic Relations and Juvenile Law
Estate Administration, Elder Law, and Trust Law
Financial Institutions Law
Health Law
Labor and Employment Law
Land Use
Military and Veterans Law
Real Property
Taxation Law

 

2013 Legislative Proposals from the Oregon State Bar

Sixteen proposals from various Oregon State Bar groups are up for consideration by the 2013 Oregon Legislature.  Here is a recap:

1. LC 450Custodianship of Law Practice; Electronic Bar Notices

2. LC 466Unlawful Practice of Law 

3. LC 462Notice of SCRA in Administrative Hearings

4. LC 461Increase Judicial Discretion in Sentencing Certain Veterans

5. LC 2764Interest from Escrow Accounts

6. LC 448Fastcase Pilot Project

7. LC 449Community Caretaking Functions

8. LC 452Remote-only Shareholder Meetings

9. LC 451Equity Awards to Employees

10. LC 454Amended Notices of Sale

11. LC 455Qualifications to Serve as Trustee

12. LC 456Protective Proceedings

13. LC 457Digital Assets

14. LC 459Housekeeping (ORS Ch 107 and 109) (Family Law Section)

15. LC 460Life Insurance (Family Law Section)

16. LC 465Technical Correction to Uniform Criminal Jury Instructions

Among the proposed changes, LC 2764, requiring that escrow trust accounts held by title companies be set up similarly to lawyers’ IOLTA accounts, with interest going partially to funding legal services.

2012 Oregon House of Delegates – What is at Stake?

The 2012 meeting of the Oregon State Bar House of Delegates is scheduled for November 2, 2012.  The deadline for submitting resolutions has passed, but all bar members are welcome to attend the meeting and participate.  Only delegates may vote, but if you feel strongly about a particular resolution, make your views known to your delegate.  A complete HOD roster is available here.  The following agenda items caught my eye:

  • Increase Inactive Membership dues to $125 per year (Resolution 7)
  • Amend the Oregon Rules of Professional Conduct (Resolutions 9, 10, 15, 22, and 23; discussed further below)
  • Establish an “Online Computer Knowledge Base” incorporating all OSB materials that are not privileged or confidential (Resolution 12)
  • Create a Metropolitan Court District combining Multnomah, Washington, and Clackamas counties (Resolution 13)
  • Amend the policies and procedures of the Lawyer Referral Service (regarding removal of referral panel members upon filing of a disciplinary proceeding) (Resolution 14)
  • Recommend to Council on Court Procedures an amendment to ORCP 54E permitting plaintiffs to file Offers of Judgment (Resolution 19)
  • Encourage BOG to study and consider a legislative proposal amending ORS 82.010(1) allowing accrual of prejudgment interest in non-contract cases (Resolution 20)
  • Seek legislative approval for a Centralized Legal Notice System (in lieu of the present system which requires legal notices to be published in a newspaper of general circulation) (Resolution 21)

Proposed Amendments to the Oregon Rules of Professional Conduct

Resolution 9 would amend the rules relating to advancement of costs.  “The proposed new language comes from ABA Model Rule 1.8(e) which allows a lawyer to advance the costs of litigation to clients with repayment being contingent on the outcome of the case, and also to pay the costs of litigation for an indigent client…. The BOG believes that this proposed change furthers the bar’s commitment to access to justice. Lawyers routinely waive costs after an unsuccessful outcome.  Under the current rule, lawyers must state in their fee agreements that clients are responsible for costs and expenses of litigation regardless of the outcome of the case, then wait for the outcome to decide whether to waive the costs. The high cost of litigation can discourage clients from pursuing the legal remedies to which they are entitled.”

Roughly speaking, Resolution 10 permits fee-splitting with a “bar-sponsored” or “not-for-profit” lawyer referral service.  The specific proposal seeks to amend ORPC 5.4 allowing a lawyer to “pay the usual charges of a bar-sponsored or operated not-for-profit lawyer referral service, including fees calculated as a percentage of legal fees received by the lawyer from a referral.”

Resolution 15 would amend ORPC 1.1 to add the following language relating to competent representation:  “If a lawyer does not have sufficient learning and skill when the legal service is undertaken, the lawyer may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer or expert in the subject matter reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.”

Resolution 22 seeks to amend ORPC 3.4 – Fairness to Opposing Party and Counsel.  The background explains:  “The purpose of this proposed rule change is make the rule consistent with the prohibition of using criminal prosecution to gain a civil advantage by including the initiation of a bar complaint during the pendency of civil proceeding against a lawyer, thereby precluding any effort to extort a settlement or otherwise gain some other advantage in that proceeding.”

Lastly, Resolution 23 would prevent “runners” or “cappers” from soliciting prospective clients.  The background to this agenda item describes “A ‘runner’ or ‘capper’ (as) any person, firm, association or corporation acting for consideration in any manner or in any capacity as an agent for an attorney at law or law firm, in the solicitation or procurement of business for the attorney at law or law firm; or any person or entity acting for consideration as an agent of a lawyer or law firm.”  The Resolution seeks to amend ORPC 7.3 with language prohibiting use of “runners” and “cappers” in specified settings, such as prisons, jails, detention facilities, hospitals, courts, on public streets or highways, or on any private property.

Questions?

Members who have questions concerning the House of Delegates meeting should contact Camille Greene, Executive Assistant, by phone at 503-431-6386, by e-mail at cgreene@osbar.org, or toll free inside Oregon at 800-452-8260 ext 386.

Making Your Voice Heard

Attend the meeting, debate, and participate or contact your HOD delegate to make your views known. Review the complete Agenda here.

Oregon Foreclosure Checklist Updated

The Professional Liability Fund Trust Deed Foreclosure Checklist (August 2012) has been updated to incorporate specific requirements related to SB 1552.  Practitioners are encouraged to review the Foreclosure Mediation Requirements in tandem with the checklist.   Download the Trust Deed Foreclosure Checklist and Foreclosure Mediation Requirements on the PLF Web site > Practice Aids and Forms > Real Property.