Upon receipt and review of the investigator's report, the UPL Committee may either continue the matter for further investigation and revisions to the report or make one of the following dispositions:
(a) Closure. This disposition is appropriate when the UPL Committee has insufficient evidence indicating that the respondent has engaged in the unlawful practice of law under Oregon law. The UPL Committee may reopen a closed matter if it receives additional information or evidence implicating the unlawful practice of law by the respondent.
(b) Informational Letter. This disposition is appropriate when the UPL Committee has insufficient evidence indicating that the respondent has engaged or will continue to engage in the unlawful practice of law, and believes that that the respondent would benefit from receiving additional information about what the Court has determined constitutes the unlawful practice of law. The letter will notify the respondent that the investigation is concluded, and state that the respondent may wish to seek legal advice about whether any specific practice constitutes the unlawful practice of law.
(c) Referral to Board of Governors for initiation of proceedings under ORS 9.166. (1) Filing suit for injunctive relief is appropriate when (i) the UPL Committee has a reasonable belief that a finder of fact would find clear and convincing evidence necessary to establish that the respondent engaged in the unlawful practice of law, (ii) the practice is ongoing or likely to recur, and (iii) a member of the public has been harmed or is likely to be harmed as a result of the respondent's unlawful practice of law.(2) Filing suit for contempt relief is appropriate when (i) a court has entered an injunction against the respondent, (ii) the UPL Committee has a reasonable belief that a finder of fact would find clear and convincing evidence necessary to establish that the respondent continues to engage in the unlawful practice of law, and (iii) a member of the public has been harmed or is likely to be harmed as a result of the respondent's unlawful practice of law.(3) The UPL Committee may decline to request authorization from the Board to initiate proceedings allowed under to ORS 9.166 in favor of other resolutions provided in these rules.(d) Referral to or Cooperation with Other Agency or Bar Department. This disposition is appropriate when the UPL Committee determines that an agency or another department of the bar is better positioned to investigate or address the complaint, including but not limited to when:
(1) The allegations involve activity prohibited by law, ordinance or statute within the jurisdiction of a federal, state or local agency;(2) Respondent is or has been the subject of an investigation, action, injunction or review by a federal, state or local agency;(3) Agency, on review of the allegations before the Committee as to a respondent, indicates a desire to pursue further investigation;(4) Agency has or is likely to have, information regarding the complaint, the respondent or parties acting with the respondent, or;(5) Complaint concerns conduct by a lawyer or bar applicant, or implicates the rules of professional conduct.Adopted effective 4/14/2023.