Chapter 304 Oregon Laws 2011

AN ACT

SB 380

Relating to lawyer trust accounts; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2011 Act is added to and made a part of ORS 9.005 to 9.755.

SECTION 2. (1) An active member of the Oregon State Bar shall certify annually to the bar whether the member maintains any lawyer trust accounts in Oregon. If a member maintains one or more lawyer trust accounts, the member must disclose the financial institution in which each account is held and the account number for each account. The executive director of the Oregon State Bar shall prescribe a form and due date for the certification and disclosures required by this section.

(2) If a member does not file the certificate and disclosures required by this section by the due date prescribed under subsection (1) of this section, the executive director shall send written notice of the default to the member. The notice shall be sent by registered or certified mail to the last-known post-office address of the member. If a member does not file the certificate and disclosures required by this section within 60 days after the date the notice is mailed, the person’s membership in the bar is automatically suspended. The executive director shall provide the names of all persons suspended under this section to the judges of the circuit courts, the Court of Appeals and the Oregon Tax Court.

(3) A person suspended under this section may be reinstated to membership in the bar only if the person pays all required fees and contributions and complies with all rules of procedure and rules of the Supreme Court relating to reinstatement.

SECTION 3. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage.

Approved by the Governor June 9, 2011

Filed in the office of Secretary of State June 9, 2011

Effective date June 9, 2011

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