The Oregon State Bar Board of Governors and the Board of Bar Examiners have proposed amendments to Rule for Admission of Attorneys (RFA) 15.05, relating to reciprocal admission of persons admitted to the practice of law in another jurisdiction who are seeking admission to the practice of law in Oregon. The Board of Bar Examiners also has proposed additional amendments to RFA 15.05. Lastly, the Board of Bar Examiners has proposed replacing each reference in the Rules for Admission of Attorneys to "Oregon Code of Professional Responsibility" with a reference to "Oregon Rules of Professional Conduct."

All of the proposed amendments came before the court at its public meeting on January 19, 2005, at which time, except as to the recommended effective date of the proposed amendments, the court approved the proposed amendments.

RFA 15.05 as amended is set out on the attached pages with new text shown in bold print and deleted text bracketed and lined through.

In RFA 1.05(1): the phrase "Disciplinary Rules of the Oregon Code of Professional Responsibility" is replaced with "Oregon Rules of Professional Conduct." In the following rules, the phrase "Oregon Code of Professional Responsibility" is replaced with "Oregon Rules of Professional Conduct": RFA 5.15(2)(g); RFA 12.05(1); RFA 12.05(6)(a); RFA 12.05(6)(b)(i); RFA 13.20(1)(d); RFA 14.10(1)(d); RFA 16.05(7)(d); Appendix A; and Appendix B.

The amendments to the Rules for Admission of Attorneys as adopted by this order become effective on February 1, 2005.

DATED this 28th day of January, 2005.

Wallace P. Carson, Jr.
Chief Justice

15.05 Admission of Lawyers Licensed to Practice Law in Idaho, Utah and Washington

(1) Lawyers who have taken and passed the Idaho, Utah and/or Washington bar examinations, who are active members of [either or both] one or more of those state bars as a result of the passage of those examinations, and who have lawfully engaged in the active practice of law for no less than three of the four years immediately preceding their application for admission under this rule may be admitted to the practice of law in Oregon without having to take and pass the Oregon bar examination, subject to the requirements of this rule.

(2) All Idaho, Utah and Washington lawyers seeking admission to practice law in Oregon under this rule must:

(a) present satisfactory proof of their:

(i) possession of a law degree either Juris Doctor (J.D.) or Bachelor of Law (LL.B.) from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time the applicant matriculated;

(ii) passage of the Idaho, Utah and/or Washington bar examinations;

(iii) admission to the practice of law in Idaho, Utah and/or Washington;

(iv) active membership in the Idaho State Bar, Utah State Bar and/or Washington State Bar Association; and

(v) lawful active practice of law for no less than three of the four years immediately preceding their application for admission under this rule;

(b) possess the good moral character and fitness required of all other applicants for admission to practice law in Oregon;

(c) complete such applications and submit such other information as may be required by the Oregon Board of Bar Examiners and Oregon Supreme Court within six months of the date of filing the application; and

(d) pay such application fees and costs as may be established by the Oregon Board of Bar Examiners and the Oregon Supreme Court for applicants under this rule.

(3) The character and fitness of applicants under this rule shall be reviewed under the procedures set forth in Admission Rule 6.05, 615, and 9.05 to 9.60.

(4) All applicants admitted to practice law pursuant to this rule shall complete and certify prior to admission under this rule that, after filing of the application, he or she has attended at least fifteen hours of continuing legal education on Oregon practice and procedure and ethics requirements as regulated and approved by the Board of Bar Examiners.

(5) All applicants admitted to practice law pursuant to this rule shall obtain and maintain malpractice coverage from the Oregon State Bar Professional Liability Fund as required by the rules and regulations of the fund. If an applicant is not required to maintain malpractice coverage through the Oregon State Bar Professional Liability Fund, the applicant shall obtain and maintain other malpractice coverage covering the applicant's law practice in Oregon which coverage shall be substantially equivalent to the Oregon State Bar Professional Liability Fund coverage plan.

(6) All applicants admitted to practice law pursuant to this rule shall be subject to and shall comply with the Oregon [Code of Professional Responsibility] Rules of Professional Conduct, the Oregon State Bar Rules of Procedure[s], and all other rules and regulations applicable to members of the Oregon State Bar.

(7) If, in the judgment of the Oregon Supreme Court, it is in the best interest of the State of Oregon to discontinue reciprocity with other states, such decision may be implemented immediately by order of the Court. Additional states may be added to this rule by order of the Court upon petition of the Board of Governors of the Oregon State Bar and the Board of Bar Examiners [without the necessity of amendment of this rule].

(8) "Active practice of law" means, for the purposes of this rule, law-related professional activities including:

(a) Representation of one or more clients in the practice of law;

(b) Service as a lawyer with a local, state, territorial or federal agency, including military service;

(c) Teaching at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association;

(d) Service as a judge in a federal, state, territorial or local court of record;

(e) Service as a judicial law clerk; or

(f) Service as corporate counsel.

For purposes of this rule, the active practice of law shall not include work that was performed in advance of bar admission in any jurisdiction and shall not include work that, as undertaken, constituted the unlawful or unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which clients receiving the unlawful or unauthorized services were located. The active practice of law need not have been full-time to qualify for consideration as prior active practice, but part-time practice must be shown to have consisted of at least 1,000 hours of work per annum to qualify as the practice of law.

(9) Notwithstanding Rule 15.05 (2)(a)(v), an applicant who has failed the Oregon Bar examination must present satisfactory proof of the lawful active practice of law in other jurisdictions for no less than five of the six years immediately preceding his or her application for reciprocity admission to qualify for admission under this rule.