Section 6 - General Provisions

As amended through June 11, 2024

6.1 The members and officers of the Committee will be appointed and discharged pursuant to applicable provisions of the Bar Bylaws.

6.2 The Committee may only act pursuant to the quorum provisions contained in section 14.9 of the Bar Bylaws.

6.3 The Committee shall meet from time to time upon the call of the chairperson. At the request of at least two members of the Committee and with reasonable notice, the chairperson shall promptly call a meeting of the Committee.

6.4 These Rules may be changed at any time by a majority vote of the entire membership of the Committee, subject to approval by the Board of Governors of the Bar.

6.5 When investigating, reviewing, or acting on a claim, the Committee and its members are deemed to be the representative of the Board of Governors and, as such, shall be vested with the authority conferred by ORS 9.655.

6.6 Records of the Fund are public records within the meaning of the Oregon's public records law and meetings of the Committee are public meetings within the meaning of Oregon's public meetings law. The claimant, the claimant's attorney, the lawyer or the lawyer's attorney may attend meetings and, at the discretion of the chair, present their respective positions on a claim.

6.7 A member of the Committee who has or has had an attorney-client relationship or financial relationship with a claimant or lawyer who is the subject of a claim may not participate in the investigation or review of any claim involving the claimant or lawyer. A member who is subject to this provision shall disclose the nature of the relationship before the Committee begins consideration of such claim, and the member may not participate in the Committee's discussion of the claim without leave of the chair.

6.8 These Rules apply to all claims pending at the time of their enactment.

6.9 The administrator shall prepare an annual report to the Bar membership, and may from time to time issue press releases or other public statements about the Fund and awards that have been made. The annual report and any press releases and other public statements shall include the name of the lawyer, the amount of the award, the general nature of the claim, the lawyer's status with the Bar, and whether any criminal action has been instituted against the lawyer for the conduct giving rise to the loss. If the claimant has previously initiated criminal or civil action against the lawyer, the press release or public statement may also include the claimant's name. The annual report, press release or other public statement may also include general information about the Fund, what claims are eligible for reimbursement, how the Fund is financed, and who to contact for information.

Revised Effective 1/1/2022.