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ABA Criticizes Nonrefundable Fees in Formal Opinion 505

In Formal Opinion 505 (the Opinion), the ABA wades into the discussion about nonrefundable attorney fees paid in advance, and declares that such a label “is not accurate” and should “not dictate whether a fee has been...more

Breaking News: Washington Delays Building Code Updates in Light of Ninth ‎Circuit Decision

On May 24, 2023, the Washington State Building Code Council (the “Council”) delayed ‎implementation of Washington State’s updated building code from July 1, 2023, until October ‎‎29, 2023. This delay was in direct response to...more

Potential Impact of Ninth Circuit Decision Holding that EPCA Preempts Prohibition of Natural ‎Gas Infrastructure

In April, the Ninth Circuit held that a city’s ban on new natural gas hookups for new ‎construction was preempted by federal law. This may impact proposed or existing bans in Oregon ‎including in Eugene and Bend, and in...more

Living and Working in Multiple Jurisdictions? Consider Which Ethical Rules Apply

A lurking issue for lawyers who live and/or work in multiple jurisdictions is which ethics rules apply to their conduct. A lawyer who lives, works, and serves clients whose interests are confined to a single jurisdiction need...more

ABA Relaxes Rule 4.2 When a Lawyer Hits ‘Reply All’: Will Oregon and Washington Follow Suit?

The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the...more

The Text Might Not Set You Free.

American Bar Association (ABA) Model Rule 4.2, the “no-contact rule,” provides that: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be...more

DLCD Adopts Climate-Friendly and Equitable Communities Rules

On July 21, 2022, the Department of Land Conservation and Development (DLCD) ‎adopted the Climate-Friendly and Equitable Communities (CFEC) rules. DLCD then filed the ‎permanent CFEC rules with the Oregon Secretary of State...more

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