Or. State. Bar. R. Regul. and Polic. 2.3

As amended through June 11, 2024

Rule 2.3 - EVALUATION FOR USE BY THIRD PERSONS

(a) A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client.

(b) When the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.

(c) Except as disclosure is authorized in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6.

Or. State. Bar. R. Regul. and Polic. 2.3

Adopted 1/1/2005

Defined Terms (see Rule 1.0):

"Believes"

"Informed consent"

"Knows"

"Matter"

"Reasonably believes"

"Reasonably should know"

Comparison to Oregon Code

This rule is similar to DR 7-101(D), which was adopted in 1997 based on former ABA Model Rule 2.3. Paragraph (b) is new in 2002 to require client consent only when the evaluation poses is a risk of material and adverse affect on the client. Under paragraph (a), when there is no such risk, the lawyer needs only to determine that the evaluation is compatible with other aspects of the relationship.