2021 Law Improvement Package

Below are proposed legislative concepts for the Oregon State Bar (OSB) Law Improvement Program for the 2021 Oregon legislative session. These proposals have been approved by the OSB Board of Governors and submitted to the Oregon Legislature for consideration.

For any questions about these concepts and the OSB Law Improvement process, please contact OSB Public Affairs at [email protected].

BOARD OF GOVERNORS:

  • Oregon State Bar Act Omnibus Bill – Updates ORS Chapter 9 as follows: to provide for Supreme Court review of Oregon State Bar bylaws, to create a board member removal process, to allow for a limited license, to clarify Client Security Fund immunity, to create an exception to unlawful practice of law statutes, to update custodianship process for attorneys, and to allow for electronic voting by House of Delegate members. 
  • Payee notificationRequires notice to claimant of insurance settlement.

CONSUMER LAW SECTION:

  • Pro bono/Access to Justice Prevailing Party Fees – Includes pro bono and access to justice factors when determining the amount of attorney fees to award to a prevailing party who was represented pro bono, including legal service organizations.

ESTATE PLANNING AND ADMINISTRATION SECTION:

  • Estate Planning and Administration Omnibus BillRevokes power of attorney upon divorce, extends liability protection for tenants by the entirety with revocable trusts. Finalizes asset transfer to a revocable trust when transfer is incomplete, and reduces will retention timelines and allows them to be retained in a digital format.

INDIAN LAW SECTION:

MILITARY & VETERANS SECTION:

  • Military and Veterans’ Preference – Expands period of time during which the veterans preference in public hiring statute is applicable to include periods immediately prior to discharge. Removes and clarifies ambiguous language.

NONPROFIT LAW SECTION:

  • Chapter 65 Updates – Updates and clarifies statutory language in ORS Chapter 65 which governs nonprofit organizations in Oregon.