Rule 2.6 - Investigations(a) Review of Grievance by Disciplinary Counsel.(1) For grievances referred to Disciplinary Counsel by the Intake Office, Disciplinary Counsel shall, within fourteen (14) days after receipt of the grievance, mail a copy of the grievance to the attorney or LP, if the Intake Office has not already done so, and notify the attorney or LP that they must respond to the grievance in writing to Disciplinary Counsel within 21 days of the date Disciplinary Counsel requests such a response. Disciplinary Counsel may grant an extension of time to respond for good cause shown upon the written request of the attorney or LP. An attorney or LP need not respond to the grievance if Disciplinary Counsel notifies the attorney or LP that further information from the attorney or LP is not necessary.(2) If the attorney or LP fails to respond to Disciplinary Counsel or to provide records requested by Disciplinary Counsel within the time allowed, Disciplinary Counsel may file a petition with the Disciplinary Board to suspend the attorney or LP from the practice of law, pursuant to the procedure set forth in BR 7.1. Notwithstanding the filing of a petition under this rule, Disciplinary Counsel may investigate the grievance.(3) Disciplinary Counsel may, if appropriate, offer to enter into a diversion agreement with the attorney or LP pursuant to BR 2.10. If Disciplinary Counsel chooses not to offer a diversion agreement to the attorney or LP pursuant to BR 2.10 and does not dismiss the grievance pursuant to BR 2.6(b), Disciplinary Counsel shall refer the grievance to the SPRB at a scheduled meeting.(b) Dismissal of Grievance by Disciplinary Counsel. If, after considering a grievance, the response of the attorney or LP, and any additional information deemed relevant, Disciplinary Counsel determines that probable cause does not exist to believe misconduct has occurred, Disciplinary Counsel shall dismiss the grievance. Disciplinary Counsel shall notify the complainant and the attorney or LP of the dismissal in writing. A complainant may contest in writing the action taken by Disciplinary Counsel in dismissing their grievance, in which case Disciplinary Counsel shall submit a report on the grievance to the SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate.(c) Review of Grievance by SPRB. (1) The SPRB shall evaluate a grievance based on the report of Disciplinary Counsel to determine whether probable cause exists to believe misconduct has occurred. The SPRB shall either dismiss the grievance, admonish the attorney or LP, direct Disciplinary Counsel to file a formal complaint by the Bar against the attorney or LP, or take action within the discretion granted to the SPRB by these rules. (A) If the SPRB determines that probable cause does not exist to believe misconduct has occurred, the SPRB shall dismiss the grievance and Disciplinary Counsel shall notify the complainant and the attorney or LP of the dismissal in writing.(B) If the SPRB determines that the attorney or LP should be admonished, Disciplinary Counsel shall so notify the attorney or LP within fourteen (14) days of the SPRB's meeting. If an attorney or LP refuses to accept the admonition within the time specified by Disciplinary Counsel, Disciplinary Counsel shall file a formal complaint against the attorney or LP on behalf of the bar. Disciplinary Counsel shall notify the complainant in writing of the admonition of the attorney or LP.(C) If the SPRB determines that the complaint should be investigated further, Disciplinary Counsel shall conduct the investigation and notify the complainant and the attorney or LP in writing of such action.(d) Reconsideration; Discretion to Rescind. (1) An SPRB decision to dismiss a grievance or allegation of misconduct against an attorney or LP shall not preclude reconsideration or further proceedings on such grievance or allegation, if evidence that is not available or submitted at the time of such dismissal justifies, in the judgment of not less than a majority of SPRB, such reconsideration or further proceedings.(2) The SPRB may rescind a decision to file a formal complaint against an attorney or LP only when, to the satisfaction of a majority of the entire SPRB, good cause exists. Good cause is: (A) new evidence that would have clearly affected the SPRB's decision to file a formal complaint; or(B) legal authority, not known to the SPRB at the time of its last consideration of the matter, that establishes that the SPRB's decision to file a formal complaint was incorrect.(e) Approval of Filing of Formal Complaint.(1) If the SPRB determines that a formal complaint should be filed against an attorney or LP, or if an attorney or LP rejects an admonition offered by the SPRB, Disciplinary Counsel may appoint Bar Counsel. Disciplinary Counsel shall notify the attorney or LP and the complainant in writing of such action.(2) Notwithstanding an SPRB determination that probable cause exists to believe misconduct has occurred, the SPRB shall have the discretion to direct that the Bar take no further action on a grievance or allegation of misconduct if one or more of the following circumstances exist:(A) the attorney or LP is no longer an active member of the Bar or is not engaged in the practice of law, and is required under BR 8.1 to demonstrate good moral character and general fitness to practice law before resuming active membership status or the practice of law in Oregon;(B) other disciplinary proceedings are pending that are likely to result in the attorney's or LP's disbarment;(C) other disciplinary charges are authorized or pending and the anticipated sanction, should the Bar prevail on those charges, is not likely to be affected by a finding of misconduct in the new matter or on an additional charge; or(D) formal disciplinary proceedings are impractical in light of the circumstances or the likely outcome of the proceedings. An exercise of discretion under this rule to take no further action on a grievance or allegation of misconduct shall not preclude further SPRB consideration or proceedings on such grievance or allegation in the future.
(3) Notwithstanding an SPRB determination that probable cause exists to believe misconduct has occurred, the SPRB shall have the discretion to dismiss a grievance or allegation of misconduct if the SPRB, considering the facts and circumstances as a whole, determines that dismissal would further the interests of justice and would not be harmful to the interests of clients or the public. Factors the SPRB may take into account in exercising that discretion include, but are not limited to:(A) the attorney's or LP's mental state;(B) whether the misconduct is an isolated event or part of a pattern of misconduct;(C) the potential or actual injury caused by the attorney's or LP's misconduct;(D) whether the attorney or LP fully cooperated in the investigation of the misconduct; and(E) whether the attorney or LP previously was admonished or disciplined for misconduct. Misconduct that adversely reflects on the attorney's or LP's honesty, trustworthiness, or fitness to practice law shall not be subject to dismissal under this rule.
(f) Investigation of Inquiries Involving Disciplinary Counsel, General Counsel, or other Bar agents. Inquiries that allege misconduct concerning Disciplinary Counsel or General Counsel of the Bar, or agents thereof; or that Bar Counsel has engaged in misconduct while acting on the Bar's behalf, shall be referred to the chairperson of the SPRB within seven days of their receipt by the Bar. (1) If the SPRB chairperson determines that probable cause does not exist to believe misconduct has occurred, the SPRB chairperson shall dismiss the inquiry and notify the parties of the dismissal in writing. A complainant may contest the dismissal in writing, in which case the matter shall be submitted to the SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate.(2) If the SPRB chairperson determines the inquiry should be investigated, the SPRB chairperson may appoint an investigator of their choice to investigate the matter and to report on the matter directly to the SPRB. The same procedure shall, as far as practicable, apply to the investigation of such grievances as apply to members of the Bar generally.Rule 2.6 amended and 2.6g3 added by Order dated July 9, 2003, effective 8/1/2003. Rule 2.6 amended by Order dated December 8, 2003, effective 1/1/2004. Rule 2.6g1 amended by Order dated March 20, 2008. Rule 2.6f2 amended by Order dated October 19, 2009. Rule 2.6a2 amended by Order dated August 12, 2013, effective 11/1/2013. Former Rule 2.6e, 2.6f, and 2.6g redesignated as 2.6d, 2.6e, and 2.6f; former Rule 2.6d deleted; Rule 2.6a3, Rule 2.6e2A, 2.6e2B, 2.6e2C, 2.6e2D, 2.6e3A, 2.6e3B, 2.6e3C, 2.6e3D, and 2.6e3E added; and 2.6a, 2.6a1, 2.6a2, 2.6b, 2.6c, 2.6c1, 2.6c1A, 2.6c1B, 2.6c1C, 2.6d1, 2.6d2, 2.6d2A, 2.6d2B, 2.6e, 2.6e1, 2.6e2, 2.6e2C, 2.6e3, 2.6e3D, 2.6f, 2.6f1, and 2.6f2 amended by Order dated May 3, 2017, effective 1/1/2018. Rule 2.6(a) through (e) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 2.6(a)(1), (b), (c)(1)(B), (f) amended by Order dated December 26, 2023, effective 1/1/2024.