Rule 1.4 Jurisdiction; Choice of Law
Title 1: General Provisions
Rule Text
(1) Jurisdiction after Adoption of Rules of Professional Conduct. Conduct occurring on or after January 1, 2005, by a licensee is governed by Rule of Professional Conduct 8.5 or the equivalent Rule of Professional Conduct for LPs.
(2) Jurisdiction. For conduct occurring on or before December 31, 2004, an attorney admitted to the practice of law in Oregon, and any attorney specially admitted by a court or agency in Oregon for a particular case, is subject to the Bar Act and these rules, regardless of where the attorney’s conduct occurs. The Supreme Court’s jurisdiction over matters involving the practice of law by an attorney shall continue whether or not the licensee retains the authority to practice law in Oregon, and regardless of the residence of the licensee. An attorney may be subject to the disciplinary authority of both Oregon and another jurisdiction in which the attorney is admitted for the same conduct.
(3) Choice of Law. In any exercise of the disciplinary authority of Oregon involving conduct occurring on or before December 31, 2004, the rules of professional conduct to be applied shall be as follows:
(a) For conduct in connection with a proceeding in a court before which a licensee has been admitted to practice, either generally or for purposes of that proceeding, the rules to be applied shall be the rules of the jurisdiction in which the court sits, unless the rules of the court provide otherwise; and
(b) For any other conduct,
(i) If the attorney is licensed to practice only in Oregon, the rules to be applied shall be the Oregon Code of Professional Responsibility and the Bar Act; and
(ii) If the attorney is licensed to practice in Oregon and another jurisdiction, the rules to be applied shall be the rules of the jurisdiction in which the attorney principally practices; provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction in which the attorney is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.
Amendment history: (Rule 1.4 amended by Order dated September 30, 1996.) (Rule 1.4(c) added by Order dated April 26, 2007.) (Rule 1.4(c) amended by Order dated May 3, 2017, effective January 1,2018.) (Rule 1.4(a) through (c) amended by Order dated August 17, 2022, effective July 1, 2023.) (Rules 1.4(c) moved and amended to new section (a); former provisions (a) and (b) amended and redesignated as (b) and (c) by Order dated December 26, 2023, effective January 1, 2024.) (Rule 1.4(a)-(c) redesignated Rule 1.4(1)-(3) by Order dated May 23, 2024, effective January 1, 2025.) (Rule 1.4 (1), (2), and (3)(a) amended by Order dated October 15, 2025, effective January 1, 2026.)