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BOG Agenda OPEN February 10, 2017

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BOG Agenda OPEN February 10, 2017 Back to SCHEDULE Oregon State Bar Meeting of the Board of Governors February 10, 2017 Salem Conference Center, Salem, OR Open Session Agenda The Open Session Meeting of the Oregon State Bar Board of Governors will begin at 9:00am on February 10, 2017. Items on the agenda will not necessarily be discussed in the order as shown. Friday, February 10, 2017, 9:00am 1. Call to Order 2. 2016 Retreat Debrief and Next Steps A. Finalization of Agenda [Mr. Levelle] B. Generative Topics [Mr. Levelle/Ms. Hierschbiel] C. Strategic Functions [Mr. Levelle/Ms. Nordyke] Action Exhibit D. Areas of Focus for 2017 [Mr. Levelle/Ms. Nordyke] Action Exhibit 3. BOG Committees, Special Committees, Task Forces and Study Groups A. Appellate Screening Special Committee [Mr. Ramfjord] B. Board Development Committee [Mr. Ramfjord] 1. Appointments to Bar Groups and Affiliated Boards Action Handout 2. Board of Bar Examiners Co-grader Input Action Handout 3. Appointment to BPSST Policy Committee Action Handout C. Budget & Finance Committee [Mr. Chaney] 1. 2016 Financial Report Inform Handout D. Policy & Governance [Ms. Nordyke] 1. Approve proposed revision to Futures Task Force charge Action Exhibit 2. Approve proposed amendments to OSB Bylaw 14.4 Action Exhibit E. Public Affairs Committee [Ms. Rastetter] 1. Legislative Update Inform 4. Professional Liability Fund [Ms. Bernick] A. December 31, 2016 Financial Statements Inform Exhibit B. Approve Proposed Revisions to PLF Policy 5.200 Action Exhibit C. 2016 Claims Attorney and Defense Counsel Evaluations Inform Exhibit BOG Agenda OPEN February 10, 2017 5. OSB Committees, Sections, Councils and Divisions A. MCLE Committee 1. Amend MCLE Rules re: UBE Admittees Action Exhibit B. Oregon New Lawyers Division Report [Ms. Eder] Inform Exhibit 6. Consent Agenda A. Client Security Fund Committee [Ms. Hierschbiel] 1. Request for Review a) SMITH (Ballantyne) 2015-23 Action Exhibit 2. CSF Financial Reports and Claims Paid Inform Exhibit B. Legal Ethics Committee [Ms. Hierschbiel] 1. Proposal to Amend OSB Formal Op No 2005-125 Action Exhibit C. Unclaimed Lawyer Trust Account [Ms. Hollister] 1. Annual Report Inform Exhibit D. Report of Officers & Executive Staff 1. President’s Report [Mr. Levelle] Inform a) BOG Representative to OFALA Action Exhibit 2. President-elect’s Report [Ms. Nordyke] Inform 3. Executive Director’s Report: Program Evaluations [Ms. Hierschbiel] Inform Exhibit 4. Director of Regulatory Services [Ms. Evans] Inform Exhibit 5. Director of Diversity & Inclusion [Mr. Puente] Inform 6. MBA Liaison Report [Mr. Levelle & Ms. Costantino] Inform E. Approve Minutes of Prior BOG Meetings 1. Regular Session November 19, 2016 Action Exhibit 2. Special Open Session January 6, 2017 Action Exhibit 7. Closed Sessions – CLOSED Agenda A. Executive Session (pursuant to ORS 192.660(2)(f) and (h) and ORS 192.690(1)) 1) General Counsel/UPL Report 8. Good of the Order (Non-Action Comments, Information and Notice of Need for Possible Future Board Action) A. Correspondence B. Articles of Interest BOG Agenda OPEN February 10, 2017 OSB Board of Governors STATUTORY CHARGE The OSB Board of Governors (BOG) is charged by the legislature (ORS 9.080) to “at all times direct its power to the advancement of the science of jurisprudence and the improvement of the administration of justice.”1 The Oregon State Bar (OSB) is also responsible, as an instrumentality of the Judicial Department of the State of Oregon, for the regulation of the practice of law.2 As a unified bar, the OSB may use mandatory member fees only for activities that are germane to the purposes for which the bar was established.3 MISSON The mission of the OSB is to serve justice by promoting respect for the rule of law, by improving the quality of legal services, and by increasing access to justice. STRATEGIC FUNCTIONS The BOG has translated the statutory charge and mission into five core functions that provide overall direction for OSB programs and activities: FUNCTION #1 – REGULATORY BODY GOAL: Protect the public by ensuring the competence and integrity of lawyers. FUNCTION #2 – PARTNER WITH THE JUDICIAL SYSTEM GOAL: Support and protect the quality and integrity of the judicial system. FUNCTION #3 – PROFESSIONAL ORGANIZATION GOAL: Promote professional excellence of bar members. FUNCTION #4 – ADVOCATES FOR DIVERSITY, EQUITY AND INCLUSION GOAL: Advance diversity, equity and inclusion within the legal community and the provision of legal services FUNCTION #5 – CHAMPIONS FOR ACCESS TO JUSTICE GOAL: Foster public understanding of and access to legal information, legal services, and the justice system. 1 Webster's Dictionary defines jurisprudence as the "philosophy of law or the formal science of law." 'The "administration of justice" has been defined in case law variously as the "systematic operation of the courts,'' the "orderly resolution of cases," the existence of a "fair and impartial tribunal," and "the procedural functioning and substantive interest of a party in a proceeding." 2 The OSB’s responsibilities in this area are clearly laid out in the Bar Act, ORS Chapter 9. 3 In Keller v. State Bar of California, 499 US 1,111 SCt 2228 (1990), the US Supreme Court held that an integrated bar's use of compulsory dues to finance political and ideological activities violates the 1st Amendment rights of dissenting members when such expenditures are not "necessarily or reasonably incurred" for the purpose of regulating the legal profession or improving the quality of legal services. OSB Board of Governors Areas of Focus 2017 Page 1 FIDUCIARY ROLE In order to advance the mission and achieve its goals, the BOG must ensure that the OSB is effectively governed and managed, and that it has adequate resources to maintain the desired level of programs and activities. AREAS OF FOCUS FOR 2017 1. Provide direction to and consider recommendations of Futures Task Force. 2. Develop and adopt OSB Diversity Action Plan. 3. Continue review of sections and make policy decisions about how to proceed on the following issues: a. Section Fund Balances b. Number of Sections c. CLE co-sponsorship policy 4. Address House of Delegates quorum issues. 5. Review new lawyer programs (NLMP, ONLD, other?) for adherence to mission, value to members. OSB Board of Governors Areas of Focus 2017 Page 2 OREGON STATE BAR Board of Governors Agenda Meeting Date: February 10, 2017 From: Policy & Governance Committee Re: Proposed revision to Futures Task Force charge Action Recommended Approve revision of the charge for the Futures Task Force. Options 1. Approve the recommended change to the Futures Task Force charge and forward the amended charge to the BOG for adoption. 2. Decline to approve the proposed revision. Background In April 2016, the Board of Governors approved the creation of a Futures Task Force with the following charge: Examine how the Oregon State Bar can best serve its members by supporting all aspects of their continuing development and better serve and protect the public in the face of a rapidly evolving profession facing potential changes in the delivery of legal services. Those changes include the influence of technology, the blurring of traditional jurisdictional borders, new models for regulating legal services and educating legal professionals, public expectations about how to seek and obtain affordable legal services, and innovations that expand the ability to offer legal services in dramatically different and financially viable ways. The BOG subsequently approved the creation of two committees for the Task Force, one focused on regulatory issues, and the other focused on exploring innovative legal service delivery models that would both allow for more sustainable law practices and improved access to justice. The committees have met several times over the last few months. In their meetings they have reviewed and questioned the charge for the Futures Task Force. Specifically, they noted a difference in its treatment of the public and bar members. The charge directs an examination of how the bar “can best serve its members ….and better serve and protect the public….” As written, the charge seems to suggest that member service is a higher priority than public service. Given the bar’s statutory mandate as a regulatory entity in service to the public, the committees believe this difference in treatment is unintentional. The committees have asked that the BOG consider amending the charge to reflect the bar’s interest in best serving both members and the public. The following proposal seeks to do just that: Examine how the Oregon State Bar can best protect the public and support lawyers’ professional development in the face of the rapid evolution of the manner in which legal services are obtained and delivered. Such changes have been spurred by the blurring of traditional jurisdictional borders, the introduction of new models for regulating legal services and educating legal professionals, dynamic public expectations about how to seek and obtain affordable legal services, and technological innovations that expand the ability to offer legal services in dramatically different and financially viable ways. At its meeting on January 6, 2017, the Policy & Governance Committee reviewed this matter and now recommends that the BOG approve the proposed revised charge for the Futures Task Force. OREGON STATE BAR Board of Governors Agenda Meeting Date: February 10, 2017 From: Policy & Governance Committee Re: Proposed amendment to OSB Bylaw 14.4 regarding committee appointments Action Recommended Waive the
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