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IN THE SUPREME COURT OF THE STATE OF OREGON
In the Matter of Adoption of ) Chief Justice Order No. 04-018
Amendments to Rule for )
Admission of Attorneys 15.05. ) ORDER ADOPTING AMENDMENTS
The Oregon State Bar Board of Governors and the Board of Bar Examiners have
proposed amendments to Rule for Admission of Attorneys 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 proposed amendments came
before the court at its public meeting on April 13, 2004, at which time, except as to the
proposed amendment to RFA 15.05(2)(a)(i), the court approved the proposed
amendments. Respecting RFA 15.05(2)(a)(i), the court approved the amendment as
shown in the attachment to this order.
Rule for Admission 15.05 as amended is set out on the attached pages with new
text shown in bold print and deleted text shown in italic print, bracketed, and lined
through, followed by the amended version of the rule with deleted text omitted and new
text in regular print.
Rule for Admission 15.05 as amended by this order is effective immediately.
DATED this 14th day of April, 2004, nunc pro tunc, April 13, 2004.
Wallace P. Carson, Jr.
Chief Justice
l:Rules of Admission Reciprocity
Additions are in Bold Face Type
Deletions are in Brackets and Italic Type
15.05 Admission of Lawyers Licensed to Practice Law in Idaho and Washington
(1) Lawyers who have taken and passed the Idaho and/or Washington bar
examinations, who are active members of either or both of those state bars as a result of the
passage of those examinations, and who have [actively, substantially and continuously
practiced law in one or both of these states] 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 and Washington lawyers seeking admission to practice law in Oregon
under this rule must:
(a) present satisfactory proof of their:
(i) [graduation from an ABA approved law school with a Juris Doctor
degree or its equivalent;] 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 and/or Washington bar examinations;
(iii) admission to the practice of law in Idaho and/or Washington;
(iv) active membership in the Idaho State Bar and/or Washington State
Bar Association; and
(v) [active, substantial and continuous practice of law in one or both of
these states] 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; and
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(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, 6.15, 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 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, the Oregon State Bar
Rules of Procedure, 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;
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(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.
Amendments Incorporated into Rule
15.05 Admission of Lawyers Licensed to Practice Law in Idaho and Washington
(1) Lawyers who have taken and passed the Idaho and/or Washington bar
examinations, who are active members of either or both 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 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
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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 and/or Washington bar examinations;
(iii) admission to the practice of law in Idaho and/or Washington;
(iv) active membership in the Idaho 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; 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, 6.15, 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 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
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and shall comply with the Oregon Code of Professional Responsibility, the Oregon State Bar
Rules of Procedures, 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.
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