Tag Archives: OSB

COVID-19 and Legal Ethics

Posted on by
1

Do you have ethics questions related to #covid19?

Direct message @oregonethics on Twitter or send an email to ahollister@osbar.org.

Read the answers to FAQ compiled to date here and check back frequently for more information.

We are all in this together.

COVID19 Impacts Oregon Legal Community

Posted on by
1

Author’s Note: Court, Oregon State Bar, and PLF operations have changed since this post was published.

See: Court Operations Restricted, Statewide Postponements, OSB and PLF Closures.

COVID19 and the Oregon Legal Community

In a recent NW Sidebar post, the Washington State Bar Association explores whether the legal profession is ready for a pandemic. The upshot? Take COVID19 seriously and prepare now:

  • Create a list of important emergency numbers that can be quickly accessed in printed and electronic form.
  • Establish remote access to critical client records.
  • Prioritize your firm’s functions by criticality.
  • Have a “go kit” of technology, files, and other necessities if you need to work from home.
  • Review the answers to frequently asked questions published on the Oregon State Bar website.

For a complete list of suggested steps, see the ABA booklet Surviving a Disaster and resources from the Professional Liability Fund [Select “Disaster Response and Recovery” under Practice Management > Forms.]

For COVID19 specifically:

  • Ensure the workplace is clean and hygienic with surfaces regularly wiped down with disinfectant.
  • Promote hand-washing at the office with posters and other communication. And make sure visiting clients have places wash their hands with soap and water.
  • Brief staff and clients if COVID-19 starts spreading locally.
  • Direct anyone in the office with even a mild cough or low-grade fever (99 degrees F or more) to stay home, and make clear to employees that they will be able to count this time off as sick leave.

Law Firms Taking Action

On March 6, Reuters Legal reported that the Seattle office of K&L Gates has asked employees to work from home. Will Oregon firms follow suit, as the need arises? We should.

Status of Oregon State Bar and Professional Liability Fund Services

Meanwhile, the Oregon State Bar issued the following statement appearing on its home page:

As of March 12, Gov. Kate Brown has banned gatherings of more than 250 people within Oregon through April 8. Social distancing can reduce transmission of the virus, helping to delay and slow the spread of the COVID-19. The OSB will continue to monitor and follow recommendations from authorities and has already taken steps to reduce our own community impact. Our goal is to support and protect the well-being of our members and the public we all serve.

All live events, in-person CLEs, and in-person counseling services available through the Oregon State Bar, Professional Liability Fund, and Oregon Attorney Assistance Program are cancelled. Oregon lawyers can access practice management assistance and attorney assistance programs via phone, email, and video conferencing.

Court Operations

Check your local circuit court to learn how court operations are being affected in your area. Multnomah County Circuit Court has postponed trials, hearings, and arraignments. Check court websites frequently for further announcements. Be sure to scroll down to the heading “Latest News.” Read the guidelines issued by Chief Justice Walters here.

Workers Comp Board

All in-person hearings and mediations at all WCB locations have been cancelled. The WCB expects to resume hearings and mediations on Monday, March 30, 2020. Lawyers who have an urgent need on a particular case are directed to contact the assigned ALJ or mediator.

In addition, several health insurance companies have agreed to waive co-pays, co-insurance, and deductibles for COVID-19 testing. Visit the WCB COVID-19 page to learn more about the agreement and review frequently asked insurance and financial questions.

Act Now

You’ll be glad you did.

All Rights Reserved Beverly Michaelis 2020

Get Your Fee Agreements!

Posted on by
1

The Fifth Edition of the OSB publication, Fee Agreement Compendium, is now available on BarBooks.

Topics include

  • Ethics Issues Arising in Fee Agreements
  • Billing Costs
  • Truth in Lending Act and Attorney Fee Agreements
  • OSB Fee Dispute Resolution Program
  • Drafting Tips for Fee Agreements
  • Retained or Not Retained–You May Need to Prove It
  • IOLTA in Relation to Fee Agreements
  • And 14 sample forms, including 9 addressing specific practice areas

Get answers to your frequently asked questions

Credit cards and installment payments

  • Does the Truth-in-Lending-Act prohibit me from passing on credit card surcharges to clients? §3.9
  • What are the implications of taking installment payments from clients?  §3.4

Client costs

  • Should I “bundle” or “unbundle” client costs? §2.3
  • What are the tax consequences of advancing costs for a client? §2.5-2
  • Am I personally liable for costs if the client doesn’t pay? §2.7

Drafting Tips

  • What are the 10 best tips for drafting fee agreements? §5.2
  • What are the perils of an ambiguous fee agreement? §5.1-3

Fee Disputes

  • Should I, or shouldn’t I, use OSB Fee Dispute Resolution?  §4.1-1 through 4.1-3.

Referral fees, splitting fees, and limited scope representation

  • What are the rules on referral fees? Splitting Fees? §1.1-7, §12.1 through 12.2-4.
  • How should I craft a limited scope representation agreement? §10.1 through 10.2.

(See the cited sections for answers.)

The Fee Agreement Compendium has always been a treasure trove of resources and tips.  Download the PDF from BarBooks today.

All Rights Reserved – 2018 – Beverly Michaelis

 

Are Limited License Legal Technicians Coming to Oregon?

Posted on by
1

With the success of the Washington Limited License Legal Technician (LLLT) experiment, will Oregon finally dip its toe into paraprofessional licensing? The answer appears to be yes.

In June 2017 the OSB Futures Task Force submitted its report to the OSB Board of Governors. Among the recommendations: implementation of a paraprofessional licensing (LLLT) program in Oregon.

The task force recommended the BOG appoint a committee to develop a detailed implementation plan. The plan would include draft rules of admission, practice, and professional conduct for approval by the Supreme Court and adoption by the BOG. ORS Chapter 9 would be amended to provide for licensure of paraprofessionals who would be authorized to provide limited legal services, without attorney supervision, to self-represented litigants in family law and landlord-tenant proceedings. Consumer protection measures would also be enacted.

Why Do We Need LLLTs (Paraprofessionals)?

Short answer: access to justice. As detailed in the task force report, the number of self-represented litigants continues to grow. Legal Aid, pro bono services, and limited scope representation only meet a small part of the need.

Minimum Qualifications and Licensing

The task force report lays out a series of minimum qualifications for paraprofessionals or LLLTs. Licensing would include “liability insurance in an amount to be determined,” preferably through the Professional Liability Fund, and continuing legal education. To protect the public from confusion, LLLTs would be required to use written agreements with mandatory disclosures.

Scope of Services

“Licensees should be able to select, prepare, file, and serve forms
and other documents in an approved proceeding; provide information and advice relating to the proceeding; communicate and negotiate with another party; and provide emotional and administrative support to the client in court. Licensees should be prohibited from representing clients in depositions, in court, and in appeals.”

Proposed Expansion of Washington’s LLLT Program

BOG approval of a LLLT/paraprofessional program seems greater than 50-50. As we await the outcome in Oregon, Washington is seeking to update its program. Under draft amendments, the LLLT role would expand to permit:

  • Accompanying and assisting clients in specific court proceedings, mediation, settlement conferences, and arbitration proceedings.
  • Attending, but not participating in, depositions.
  • Communicating with opposing counsel and parties on procedural matters and negotiations.
  • Gathering information on the value and potential encumbrances on a home.
  • Presenting agreed, uncontested, and default court orders.
  • Assisting clients seeking nonparental custody or major modifications up to the point of the adequate cause hearing.
  • Dividing single-family residential dwellings which have no more than twice the homestead exemption in equity.

Washington bar members have until July 17 to submit comments.

Parting Thoughts

At its June meeting, the BOG accepted the OSB Futures Task Force report. As noted on the OSB website, “the board will be looking at those recommendations throughout the year and likely into 2018.” Comments are encouraged and may be submitted to president@osbar.org.

All Rights Reserved Beverly Michaelis 2017