Professional Documents
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(2) shall recommend that each party seek Defined Terms (see Rule 1.0):
independent legal advice before executing the “Knowingly”
documents; and
Comparison to Oregon Code
(3) with the consent of all parties, may record or
may file the documents in court. This rule retains the essence of DR 2-109(A)(2) and DR 7-
102(A)(2), although neither Oregon rule expressly
(c) The requirements of Rule 2.4(a)(2) and (b)(2) shall confirms the right of a criminal defense lawyer to defend
not apply to mediation programs established by in a manner that requires establishment of every
operation of law or court order. element of the case.
Adopted 01/01/05 Comparison to ABA Model Rule
Amended 01/01/14: Original paragraph (c) relating to This is the ABA Model Rule, tailored slightly to track the
firm representation deleted to eliminate conflict with RPC language of DR 2-109(A)(2) and DR 7-102(A)(2).
1.12.
Defined Terms (see Rule 1.0): RULE 3.2 [RESERVED]
Paragraph (d) is essentially the same as DR 7-103(B), with Defined Terms (see Rule 1.0):
the addition of an exception for protective orders. “Fraudulent”
Comparison to ABA Model Rule “Knowingly”
The ABA Model Rule contains four additional provisions: Comparison to Oregon Code
prosecutors are (1) required to make reasonable efforts This rule has no direct counterpart in Oregon, but it
to ensure that accused persons are advised of the right expresses prohibitions found in DR 1-102(A)(3), DR 7-
and afforded the opportunity to consult with counsel; (2) 102(A)(5) and DR 1-102(A)(7).
prohibited from seeking to obtain a waiver of important
pretrial rights from an unrepresented person; (3) Comparison to ABA Model Rule
prohibited from subpoenaing a lawyer to present This is the ABA Model Rule, except that MR 4.1(b) refers
evidence about current or past clients except when the to “criminal” rather than “illegal” conduct.
information is unprivileged, necessary to successful
completion of an ongoing investigation or prosecution,
and there is no other feasible means of obtaining the