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Tuesday, March 19, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

Statement of Professionalism and Notice of Rule 83-6

The following Statement of Professionalism1 has been adopted by the United States District Court for the District of Oregon and applies to all attorneys admitted to practice before the bar of this Court.

Introduction

As members of the bar of the U.S. District Court for the District of Oregon, we belong to a profession devoted to serving both the interests of our clients and the public good. In our roles as officers of the court, as counselors, and as advocates, we aspire to a professional standard of conduct. With adherence to a professional standard of conduct, we earn a reputation for honor, respect, and trustworthiness among our clients, in the legal community, and with the public.

Professionalism

Professionalism includes integrity, courtesy, honesty, and willing compliance with the highest ethical standards. Professionalism goes beyond observing the legal profession's ethical rules by sensitively and fairly serving the best interest of clients and the public. Professionalism fosters respect and trust among lawyers and between lawyers and the public, promotes the efficient resolution of disputes, simplifies transactions, and makes the practice of law more enjoyable and satisfying.

To further our commitment to conduct ourselves as professionals, we adopt the following general guidelines for our practice.

General Guidelines

1.1 As officers of the court, we will promote the integrity, dignity, independent judgment, effectiveness, and efficiency of the legal system.

1.2 We will work professionally with all parties whose activities relate to our client's work.

1.3 We will conduct our practice in a courteous, fair, and respectful manner.

1.4 We will conduct our practice in a timely manner.

1.5 We will commit ourselves to developing and preserving the ideals of integrity, honesty, competence, fairness, and devotion to the public interest.

1.6 We will represent our clients zealously within the bounds of the law and the ethical standards approved by law of the US District Court - District of Oregon, vigorously protecting the interest of our clients in a responsible manner.

1.7 In appropriate cases, we will advise our clients of the availability of mediation, arbitration, and other alternative methods of resolving disputes.

1.8 We will avoid all forms of discrimination. We will actively support all efforts to assure that all members of our society are afforded the protections and rights provided by law.

1.9 We will not knowingly misstate facts or law. We will not knowing cause a person to form a mistaken conclusion of facts or law.

1.10 We will learn and follow practices and civilities that encourage respect, diligence, candor, punctuality, and trust.

1.11 We will avoid unjust and improper criticism and personal attacks on opponents, judges, and others and will refrain from asserting untenable positions.

1.12 We will not use delaying tactics.

1.13 We believe lawyers should solve problems, not create or exacerbate them.

1.14 We will be knowledgeable in the areas in which we practice, and when necessary will associate with or refer clients to counsel knowledgeable in other fields of practice.

Notice of Local Rule (LR) 83-6

Attorney admissions, discipline, and standards of professional conduct are addressed in LR 83. Please ensure that you are familiar with your obligations under this rule.

In particular, please note LR 83-6, which requires every attorney admitted to practice before the Court to notify the Clerk, Chief Judge, and the assigned judge in writing within fourteen days of: suspension, disbarment, taking active status, or a change in admissions status in another jurisdiction that would affect eligibility to practice before this Court; a felony conviction in a state or federal court; or resignation from the bar of any court while an investigation was pending into allegations of misconduct which would warrant suspension or disbarment.

As the Practice Tip to this rule states, it is in the attorney's interest to report a disciplinary event listed in LR 83-6 as soon as possible. If a period of reciprocal suspension is imposed under LR 83-6(b), early notification increases the likelihood that the period of reciprocal suspension may coincide with the suspension period imposed by the disciplining court or bar. For most attorneys, parallel suspension periods are less disruptive to professional obligations than serial or overlapping suspension periods.

1This Statement of Professionalism has been abridged from the Statement of Professionalism adopted by the Oregon State Bar and approved by the Supreme Court of Oregon.