ORS 9.160
Bar membership required to practice law

  • exceptions

(1)

Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active member of the Oregon State Bar.

(2)

Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320 (Necessity for employment of attorney).

(3)

Any employee or volunteer of the Judicial Department acting with the authorization and direction of the Chief Justice or a presiding judge of a circuit court to provide assistance to members of the public with court processes, selecting and completing court forms and legal information is not engaged in the practice of law in violation of subsection (1) of this section.

(4)

An individual licensed under ORS 696.022 (Licensing system for real estate brokers and property managers) acting in the scope of the individual’s license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in this state in violation of subsection (1) of this section.

(5)

A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in this state in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:

(a)

Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;

(b)

Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;

(c)

Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or

(d)

Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:

(A)

A mortgage.

(B)

A trust deed.

(C)

A promissory note.

(D)

An assignment of a mortgagee’s interest under a mortgage.

(E)

An assignment of a beneficial interest under a trust deed.

(F)

An assignment of a seller’s or buyer’s interest under a land sale contract.

(G)

A power of attorney.

(H)

A subordination agreement.

(I)

A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.

(6)

In performing the services permitted in subsection (5) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion.

(7)

The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section unless the escrow agent provides to the principals to the transaction a notice in at least 12-point type as follows:

YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.

(8)

The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section for a real estate sale and purchase transaction in which all or part of the purchase price consists of deferred payments by the buyer to the seller unless the escrow agent provides to the principals to the transaction:

(a)

A copy of any proposed instrument of conveyance between the buyer and seller to be used in the transaction;

(b)

A copy of any proposed deferred payment security instrument between the buyer and seller to be used in the transaction; and

(c)

A copy of any proposed promissory note or other evidence of indebtedness between the buyer and seller to be used in the transaction.

(9)

The notice and copies of documents that must be provided under subsections (7) and (8) of this section must be delivered in the manner most likely to ensure receipt by the principals to the transaction at least three days before completion of the transaction. If copies of documents have been provided under subsection (8) of this section and are subsequently amended, copies of the amended documents must be provided before completion of the transaction.

(10)

Failure of any person to comply with the requirements of subsections (4) to (9) of this section does not affect the validity of any transaction and may not be used as a basis to challenge any transaction. [Amended by 2003 c.260 §1; 2007 c.319 §24; 2009 c.218 §4; 2021 c.497 §11]

Source: Section 9.160 — Bar membership required to practice law; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors009.­html.

Notes of Decisions

A real estate broker is not engaged in the unauthorized practice of law where he acts as a “mere scrivener” in the preparation of deeds and contracts. Oregon State Bar v. Fowler, 278 Or 169, 573 P2d 674 (1977)

Where defendant apparently understood what constituted “practice of law,” statute was not so vague as to be unconstitutional as applied, within meaning of 14th Amendment to Federal Constitution. Oregon State Bar v. Wright, 280 Or 693, 573 P2d 283 (1977)

In determining whether there has been unauthorized practice of law, whether compensation has been charged for legal services is not controlling. Oregon State Bar v. Wright, 280 Or 693, 573 P2d 283 (1977)

Where defendant recommended particular legal forms to persons who were enrolled in his course in legal self-representation, defendant gave legal advice and was engaged in unauthorized practice of law. State ex rel Oregon State Bar v. Wright, 280 Or 713, 573 P2d 294 (1977)

Collection agencies are not engaged in unauthorized practice of law where, pursuant to ORS chapter 697, they solicit and collect claims of third parties upon contingent fee basis. Messmer v. Carter/Bonded Credit Company, 282 Or 323, 578 P2d 788 (1978)

Only individual human being can appear “in person.” Oregon Peaceworks Green, PAC v. Sec. of State, 311 Or 267, 810 P2d 836 (1991)

Practice of law means exercise of professional judgment in applying legal principles to address another person’s individual needs through analysis, advice or other assistance. Oregon State Bar v. Smith, 149 Or App 171, 942 P2d 793 (1997), Sup Ct review denied

Because exercise of professional legal judgment can have noncommunicative aspects, prohibiting unauthorized practice of law does not violate constitutional right to free speech. Oregon State Bar v. Smith, 149 Or App 171, 942 P2d 793 (1997), Sup Ct review denied

Prohibition against unlicensed practice of law does not apply to representation before justice courts pursuant to ORS 52.060. Oregon State Bar v. Arnold, 166 Or App 383, 998 P2d 757 (2000), Sup Ct review denied

Person who exercised professional judgment in applying legal principles to interpret terms used in forms was engaged in practice of law. Taub v. Weber, 366 F3d 966 (9th Cir. 2004)

Attorney General Opinions

Right of a nonlawyer union business agent to represent a member before the Public Employes Relations Board, (1972) Vol 35, p 1088

Law Review Citations

55 OLR 408 (1976)

9.005
Definitions for ORS 9.005 to 9.757
9.006
Authority of Supreme Court
9.010
Status of attorney and Oregon State Bar
9.025
Board of governors
9.030
Voting rights
9.040
Election of governors
9.042
Determination of eligibility of candidate for board of governors
9.050
Recall or removal of governors
9.055
Chief executive officer
9.060
President, president-elect and immediate past president
9.070
Duties of president and president-elect
9.080
Duties and authority of bar and of board of governors
9.090
Appropriation and disbursement of funds
9.100
Statement of financial condition
9.110
Board of governors to formulate rules
9.112
Board of governors to establish minimum continuing legal education requirements
9.114
Mandatory training on duties relating to reporting child abuse and abuse of elderly persons
9.136
House of delegates created
9.139
Powers of house of delegates
9.142
Rules for conduct of business
9.145
Public members
9.148
Participation by nondelegates
9.150
Termination of delegate’s term
9.152
Election of delegates
9.155
Recall of delegate
9.160
Bar membership required to practice law
9.162
Definitions for ORS 9.160 to 9.166
9.164
Investigation of alleged violation of ORS 9.160
9.166
Enjoining practicing law without a license
9.180
Classes of membership
9.191
Annual membership fees
9.200
Effect of failure to pay membership fees
9.210
Board of bar examiners
9.220
General requirements for admission
9.241
Practice of law by attorneys licensed in other jurisdictions
9.242
Advice on law of foreign jurisdiction
9.250
Order for admission
9.261
Resignation of attorney
9.280
Prohibition on acting as immigration consultant
9.310
Attorney defined
9.320
Necessity for employment of attorney
9.330
Authority of attorney
9.340
Challenge by party of attorney’s authority to appear for party
9.350
Challenge of attorney’s authority to appear for adverse party
9.360
Compelling delivery by attorney of money or papers
9.370
Compelling delivery when attorney claims lien
9.380
Changing attorneys and terminating attorney-client relationship
9.390
Notice of change or termination
9.460
Duties of attorneys
9.490
Formulation of rules of professional conduct
9.500
Solicitation of personal injury business by nonlawyer
9.505
Payment for referring claims resulting from personal injury or death
9.510
Solicitation by attorneys
9.515
Referral of claims, suits or actions between attorneys
9.520
Acceptance and prosecution of solicited claims
9.527
Grounds for disbarment, suspension or reprimand
9.528
Advice on conducting covert operations
9.529
Status of proceedings relating to discipline, admission or reinstatement
9.532
State professional responsibility board
9.534
Disciplinary board
9.536
Disciplinary board decision
9.537
Civil immunity of witnesses, bar officials and employees
9.539
Application to admission and reinstatement proceedings
9.542
Rules for investigation of attorneys and applicants
9.555
Copy of complaint or notice to Attorney General when bar is plaintiff or defendant
9.565
Tax return information from Department of Revenue
9.568
State lawyers assistance committee
9.572
Bar to establish Legal Services Program
9.576
Review of providers
9.578
Funding sources
9.582
Use of amounts not paid to class members in class action lawsuits
9.615
Definition for ORS 9.615 to 9.665
9.625
Plan to relieve client losses
9.635
Sources of client security fund
9.645
Annual payment by state bar members
9.655
Investigation of claim of loss
9.657
Immunity from civil liability
9.665
Authority for reimbursement of client
9.675
Mandatory certification and disclosures for lawyer trust accounts
9.685
Trust account overdraft notification program
9.688
Circuit court jurisdiction to determine entitlement to property in lawyer trust account
9.695
Status of files or work premises of lawyer
9.705
Definitions for ORS 9.705 to 9.757
9.710
Jurisdiction of circuit court over law practice of nonperforming attorney
9.715
Petition to take jurisdiction over law practice
9.720
Court taking jurisdiction over law practice
9.725
Appointment of bar or other attorney as custodian of law practice
9.727
Service of order of custodianship
9.730
Assistance by professional liability fund and other attorneys
9.735
Compensation of custodian
9.740
Court orders appealable
9.745
Statutes of limitation suspended
9.750
Confidentiality of files and records
9.755
Final report of custodian
9.757
Retention of client materials
9.760
Judicial department library services
9.780
Exchange of legal publications
9.790
Legislative Counsel furnishing copies of codes and session laws for exchange
9.800
Sale of surplus codes and session laws
9.815
County law libraries and law library services
9.820
Law libraries in Multnomah County
9.825
Law library surveys
9.829
Use of moneys distributed to counties
9.990
Penalties
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