Inapplicability of ORS 750.505 to 750.715 to certain legal services.

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(1) A retainer contract that an attorney or firm of attorneys makes with a specific individual, under the terms of which the attorney or firm bases fees on reasonable estimates of the nature and amount of services the attorney or firm will provide, and similar contracts that an attorney or firm of attorneys makes with a group of clients involved in the same or closely related legal matters.

(2) Any two-party agreement for delivering specified legal services in return for a specified payment, including a fee for administering the agreement or services related to the agreement, under the terms of which an attorney or firm of attorneys arranges to provide legal services to a group of individuals who are all members of the same bona fide nonprofit membership organization, such as a church, trade group, credit union or association, or a group of individuals who are all employed by the same employer and the primary purpose of the nonprofit membership organization or the employer is other than providing legal services. An agreement is exempt from the application of ORS 750.505 to 750.715 under this subsection only if the agreement does not involve a third party such as a legal expense organization or sales or marketing representative in receiving any of the specified payments or in overseeing the delivery of the specified legal services.

(3) A referral of a client to an attorney, to the extent that a nonprofit lawyer referral service or public corporation such as a state or local bar association provides the referral and does not charge for the referral.

(4) Employee welfare benefit plans to the extent that Section 514 of the federal Employee Retirement Income Security Act of 1974, or successor legislation, preempts state regulation.

(5) Legal assistance plans financed primarily by public funds, interest on lawyers trust accounts funds under the regulation of the Oregon State Bar or other public service funds.

(6) Authorized insurers that offer legal expense insurance in this state.

(7) A legal access provider that pays only an administration fee to an attorney and does not pay for or reimburse a customer of the legal access provider for legal services that the attorney provides to the customer. [1989 c.331 §4; 2015 c.504 §2]


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