Rule 2.1 - Qualifications of Counsel(a) Definition of Respondent. Notwithstanding BR 1.1(a), for the purposes of this rule, "respondent" means an attorney or LP who is the subject of an allegation of misconduct that is under investigation by the Bar, or who has been charged with misconduct by the Bar in a formal complaint.(b) Bar Counsel. Any attorney admitted to practice law at least three years in Oregon may serve as Bar Counsel unless the attorney:(1) currently represents any respondent or applicant;(2) is a current member of the Disciplinary Board or has a firm member currently serving on the Disciplinary Board;(3) served as a member of the Disciplinary Board at a time when the formal complaint against the respondent was filed.(c) Counsel for Respondent. Any attorney admitted to practice law in Oregon may represent a respondent unless the attorney:(1) is a current member of the Board or the SPRB;(2) served as a member of the Board or the SPRB at a time when the allegations about which the respondent seeks representation were under investigation by the Bar or were authorized to be charged in a formal complaint;(3) currently is serving as Bar Counsel;(4) is a current member of the Disciplinary Board or has a firm member currently serving on the Disciplinary Board;(5) served as a member of the Disciplinary Board at a time when the formal complaint against the respondent was filed.(d) Counsel for Applicant. Any attorney admitted to practice law in Oregon may represent an applicant unless the attorney:(1) is a current member of the Board, the BBX, or the SPRB;(2) served as a member of the Board, the BBX, or the SPRB at a time when the investigation of the reinstatement application was conducted by the Bar;(3) currently is serving as Bar Counsel;(4) is a current member of the Disciplinary Board or has a firm member currently serving on the Disciplinary Board;(5) served as a member of the Disciplinary Board at a time when the statement of objections against the applicant was filed.(e) Vicarious Disqualification. The disqualifications contained in BR 2.1(b), (c), and (d) also apply to firm members of the disqualified attorney's firm.(f) Exceptions to Vicarious Disqualification. (1) Notwithstanding BR 2.1(b), (c), and (d), an attorney may serve as Bar Counsel or represent a respondent or applicant even though a firm member is currently serving on the Disciplinary Board, provided the firm member recuses himself or herself from participation as a trial panel member or regional chairperson in any matter in which a member of the firm is Bar Counsel or counsel for a respondent or applicant.(2) Subject to the provisions of RPC 1.7, and notwithstanding the provisions of BR 2.1(b), (c), and (d), an attorney may serve as Bar Counsel or represent a respondent or applicant even though a firm member is currently serving as Bar Counsel or representing a respondent or applicant, provided firm members are not opposing counsel in the same proceeding.(3) Notwithstanding BR 2.1(b), (c), and (d), an attorney in a Board member's firm may represent a respondent provided the Board member is screened from any form of participation or representation in the matter. To ensure such screening: (A) The Board member shall prepare and file an affidavit with the Chief Executive Officer attesting that, during the period their firm is representing a respondent, the Board member will not participate in any manner in the matter or the representation and will not discuss the matter or representation with any other firm member;(B) The Board member's firm shall also prepare and file an affidavit with the Chief Executive Officer attesting that all firm members are aware of the requirement that the Board member be screened from participation in or discussion of the matter or representation;(C) The Board member and firm shall also prepare, at the request of the Chief Executive Officer, a compliance affidavit describing the Board member's and the firm's actual compliance with these undertakings;(D) The affidavits required under subsections (A) and (B) of this rule shall be filed with the Chief Executive Officer no later than fourteen (14) days following the acceptance by a Board member's firm of a respondent as a client, or the date the Board member becomes a member of the Board.(g) Investigators. Disciplinary Counsel may, from time to time, appoint a suitable person, or persons, to act as an investigator, or investigators, for the Bar with respect to grievances, allegations, or instances of alleged misconduct by attorneys or LPs, and matters of reinstatement of attorneys or LPs. Such investigator or investigators shall perform such duties in relation thereto as may be required by Disciplinary Counsel.Rule 2.1b amended by Order dated May 31, 1984, July 27, 1984, nunc pro tunc May 31, 1984. Rule 2.1 amended by Order dated June 30, 1987. Rule 2.1 amended by Order dated October 1, 1990. Rule 2.1(d) amended by Order dated November 6, 1995. Rule 2.1 deleted and new Rule 2.1 added by Order dated October 3, 1997. Rule 2.1(f)(2) amended by Order dated April 26, 2007. Rule 2.1(d)(2), 2.1(f)(3), 2.1(f)(3)(A), and 2.1(f)(3)(D) amended by Order dated October 19, 2009. Former Rule 2.1(c)(3) and 2.1(c)(4) deleted; former Rule 2.1(c)(5), 2.1(c)(6), and 2.1(c)(7) redesignated Rule 2.1(c)(3), 2.1(c)(4), and 2.1(c)(5); Rule 2.1(a), 2.1(b)(1), 2.1(b)(2), 2.1(b)(3), 2.1(c), 2.1(c)(2), 2.1(c)(3), 2.1(c)(4), 2.1(c)(5), 2.1(d)(4), 2.1(e), 2.1(f)(1), 2.1(f)(2), 2.1(f)(3), 2.1(f)(3)(A), 2.1(f)(3)(B), 2.1(f)(3)(C), and 2.1(f)(3)(D) amended; and Rule 2.1(g) added by Order dated May 3, 2017, effective 1/1/2018. Rule 2.1(a) and (g) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 2.1(f)(A) and (D) amended by Order dated December 26, 2023, effective 1/1/2024.