Rule 8.2 - Reinstatement - Informal Application Required(a) Applicants. Any person who has been a member of the Bar, but who (1) resigned under Form A of these rules prior to December 1, 2019, and 10 years or less prior to the date of application for reinstatement, and who has not been a member of the Bar during such period; or(2) is presently enrolled voluntarily as an inactive, retired, or pro bono member; or(3) has been suspended for failure to pay the Professional Liability Fund assessment, Client Security Fund assessment, or membership fees or penalties and has remained in that status for more than 6 months but not in excess of 10 years prior to the date of application for reinstatement; or(4) been suspended for failure to comply with the Minimum Continuing Legal Education (MCLE) Rules and Regulations, or for failure to file with the Bar a certificate disclosing lawyer trust accounts and has remained in that status for more than 6 months but not in excess of 10 years prior to the date of application for reinstatement; or(5) has been suspended under BR 7.1 and has remained in that status more than 6 months but not in excess of 5 years prior to the date of application for reinstatement; or(6) has been suspended solely for failure to pay the Professional Liability Fund assessment, Client Security Fund assessment, or membership fees or penalties and has remained in that status for more than 6 months but not in excess of 10 years prior to the date of application for reinstatement and seeks reinstatement to inactive or retired status; may be reinstated by the Chief Executive Officer by filing an informal application for reinstatement with the Bar and compliance with the Rules of Procedure in effect at the time of such application. The informal application for reinstatement shall be on a form prepared by the Bar for such purpose. The applicant shall attest that the applicant did not engage in the practice of law except where authorized to do so during the period of the applicant's inactive, retired, or active pro bono status, suspension, or resignation. No applicant shall resume the practice of law in Oregon, or active, inactive, retired, active pro bono membership status, unless all the requirements of this rule are met.
(b) Required Showing. Each applicant under this rule must show that the applicant has good moral character and general fitness to practice law, and that the applicant's resumption of the practice of law in Oregon will not be detrimental to the administration of justice or the public interest. Each applicant has a duty to cooperate and comply with requests from the Bar in its efforts to assess the applicant's good moral character and general fitness to practice law, including responding to a lawful demand for information; the execution of releases necessary to obtain information and records from third parties whose records reasonably bear upon character and fitness; and reporting promptly any changes, additions or corrections to information provided in the application. The Chief Executive Officer may refer to the Board any applicant who, during the pendency of a reinstatement application, engages in conduct that would violate RPC 8.1(a) if done by an attorney, with a recommendation that the Board determine that the applicant has not made the showing required by BR 8.1(b) and recommend to the Supreme Court that the application be denied. No applicant shall resume the practice of law in Oregon or active membership status unless all the requirements of this rule are met.(c) Learning and Ability. In addition to the showing required in BR 8.2(b), each applicant under this rule must show that the applicant has the requisite learning and ability to practice law in Oregon. The Ba may recommend the applicant successfully complete a prescribed course of continuing legal education. Factors to be considered in determining an applicant's learning and ability include, but are not limited to: the length of time since the applicant was an active member of the Bar; whether and when the applicant has practiced law in Oregon; whether the applicant practiced law in any jurisdiction during the period of the applicant's suspension, resignation, inactive, or retired status since they were last an active member in Oregon; and whether the applicant has participated in continuing legal education activities during the period of suspension, inactive, or retired status in Oregon since they were last an active member in Oregon. The following are minimum criteria to establish learning and ability in an informal process: (1) Applicants who have not practiced law or completed continuing legal education courses in any jurisdiction for more than five years will be required to complete a minimum of 15 credits of continuing legal education.(2) Applicants who have not practiced law or completed continuing legal education courses in any jurisdiction for more than ten years will be required to complete a minimum of 45 credits of continuing legal education.(3) Applicants who have not practiced law or completed continuing legal education courses in any jurisdiction for more than 15 years will be required to complete a minimum of 45 credits of continuing legal education or may be required to take and pass the bar exam administered by the BBX.(4) Notwithstanding the amount of time that an applicant has been suspended, inactive, or otherwise in an other-than-active-status, any applicant who has been actively engaged in the authorized full-time practice of law for no less than 24 of the 48 months immediately preceding their application will be deemed to have met the learning and ability standard.(d) Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application fee of $300 at the time the application for reinstatement is filed.(e) Exceptions. Any applicant otherwise qualified to file for reinstatement under this rule but who (1) during the period of the member's suspension, resignation, active pro bono, inactive, or retired status has been convicted in any jurisdiction of an offense that is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States; or(2) during the period of the member's suspension, resignation, active pro bono, inactive, or retired status, has been suspended for professional misconduct for more than six months or has been disbarred by any court other than the Supreme Court; or(3) has engaged in conduct that raises issues of possible violation of the Bar Act, former Code of Professional Responsibility, or Rules of Professional Conduct; shall be required to seek reinstatement under BR 8.1. Any applicant required to apply for reinstatement under BR 8.1 because of this rule shall pay all fees, assessments and penalties due and delinquent at the time of the applicant's resignation, suspension or transfer to inactive status, and an application fee of $750 to the Bar at the time the application for reinstatement is filed, together with any payments due under BR 8.6.(f) Referral of Application to Board. If the Chief Executive Officer is unable to determine from a review of an informal application and any information gathered in the investigation of the application that the applicant for reinstatement has made the showing required by BR 8.2(b), the Chief Executive Officer shall refer the application to the Board for consideration, with notice to the applicant.(g) Board Consideration of Application. If, after a referral from the Chief Executive Officer, the Board determines from its review of the informal application and any information gathered in the investigation of the application that the applicant for reinstatement has made the showing required by BR 8.2(b), the Board shall reinstate the applicant. If the Board determines that the applicant has not made the showing required by BR 8.2(b), the Board shall deny the application for reinstatement. The Board also may determine that an application filed under BR 8.2 be granted conditionally. The Board shall file an adverse recommendation or a recommendation of conditional reinstatement with the Supreme Court under BR 8.7.(h) Suspension of Application. If the Chief Executive Officer or the Board, as the case may be, determines that additional information is required from an applicant regarding conduct during the period of suspension, resignation, inactive, or retired status, the Chief Executive Officer or the Board, as the case may be, may require additional information concerning the applicant's conduct and defer consideration of the application for reinstatement until the required information is obtained.Rule 8.2a amended by Order dated December 14, 1995. Rule 8.2 amended by Order dated December 9, 2004, effective 1/1/2005. Rule 8.2diii amended by Order dated April 26, 2007. Rule 8.2c and 8.2d amended by Order dated October 19, 2009. Rule 8.2aiv added by Order dated June 6, 2012. Rule 8.2av added by Order dated August 12, 2013, effective 11/1/2013. Rule 8.2ai, 8.2aii, 8.2aiii, 8.2aiv, 8.2av, 8.2di, 8.2dii, and 8.2diii redesignated as Rule 8.2a1, 8.2a2, 8.2a3, 8.2a4, 8.2a5, 8.2d1, 8.2d2, and 8.2d3; Rule 8.2a, 8.2a1, 8.2a2, 8.2a3, 8.2a4, 8.2a5, 8.2b, 8.2c, 8.2d1, 8.2d2, 8.2d3, 8.2e, 8.2f, and 8.2g amended by Order dated May 3, 2017, effective 1/1/2018. Rule 8.2a, 8.2a1, and 8.2d1 amended and Rule 8.2a6 and 8.2a7 added by Order dated May 22, 2019, effective 9/1/2019. Rule 8.2a8 added and Rule 8.2d1 and 8.2d2 amended by Order dated October 15, 2020, effective 11/14/2020. Rule 8.2g amended by Order dated December 8, 2020. Rule 8.2a4 was amended by Order dated October 31, 2022, effective 11/1/2022. Rule 8.2a, 8.2a1-6, 8.2c, 8.2c1-4, and Rule 8.2d-g redesignated as Rule 8.2d-h amended, Rule 8.2a7 and 8.2a8 deleted by Order dated December 14, 2022, effective 1/1/2023.