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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 485
Experience:  Attorney and Counselor at Law
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Where is the law or statue, that says if you are defending

Customer Question

Where is the law or statue, that says if you are defending yourself, you can not have anyone help you that is a unlicensed attorney at the bench. It seems to me if you are defending yourself you should have everything available to you.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 5 months ago.

Can you remind me what state you are in. Some states allow for an attorney advisor.

Customer: replied 5 months ago.
Federal in Oregon
Customer: replied 5 months ago.
If you google ******* ***** in oregon or Bundy's standoff, You will see what I am up against
Expert:  Colleen Grady replied 5 months ago.

Oregon Law 9.160 and all states require that a person be admitted to practice law in the jurisdiction to give legal advice.

Here is what the law states:

Bar membership required to practice law

(1)Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active member of the Oregon State Bar.

(2)Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320(Necessity for employment of attorney).

(3)An individual licensed under ORS 696.022 (Licensing system for real estate brokers and property managers) acting in the scope of the individuals license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in this state in violation of subsection (1) of this section.

(4)A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in this state in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:

(a)Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;

(b)Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;

(c)Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or

(d)Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:

(A)A mortgage.

(B)A trust deed.

(C)A promissory note.

(D)An assignment of a mortgagees interest under a mortgage.

(E)An assignment of a beneficial interest under a trust deed.

(F)An assignment of a sellers or buyers interest under a land sale contract.

(G)A power of attorney.

(H)A subordination agreement.

(I)A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.

(5)In performing the services permitted in subsection (4) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion.

(6)The exemption provided by subsection (4) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (4)(b), (c) or (d) of this section unless the escrow agent provides to the principals to the transaction a notice in at least 12-point type as follows:

______________________________________________________________________________

YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.

______________________________________________________________________________

(7)The exemption provided by subsection (4) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (4)(b), (c) or (d) of this section for a real estate sale and purchase transaction in which all or part of the purchase price consists of deferred payments by the buyer to the seller unless the escrow agent provides to the principals to the transaction:

(a)A copy of any proposed instrument of conveyance between the buyer and seller to be used in the transaction;

(b)A copy of any proposed deferred payment security instrument between the buyer and seller to be used in the transaction; and

(c)A copy of any proposed promissory note or other evidence of indebtedness between the buyer and seller to be used in the transaction.

(8)The notice and copies of documents that must be provided under subsections (6) and (7) of this section must be delivered in the manner most likely to ensure receipt by the principals to the transaction at least three days before completion of the transaction. If copies of documents have been provided under subsection (7) of this section and are subsequently amended, copies of the amended documents must be provided before completion of the transaction.

(9)Failure of any person to comply with the requirements of subsections (3) to (8) of this section does not affect the validity of any transaction and may not be used as a basis to challenge any transaction. [Amended by 2003 c.260 §1; 2007 c.319 §24; 2009 c.218 §4]

Even in Federal courts, lawyers from other jurisdictions cannot practice law in a court where they are not admitted as an attorney. Here is that rule:

Rule 5.5 Unauthorized Practice Of Law; Multijurisdictional Practice Of Law

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within paragraphs (c) (2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:

(1) are provided to the lawyer's employer or its organizational affiliates, are not services for which the forum requires pro hac vice admission; and when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or

(2) are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.

(e) For purposes of paragraph (d):

(1) the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective regulation and discipline by a duly constituted professional body or a public authority; or,

(2) the person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction must be authorized to practice under this rule by, in the exercise of its discretion, [the highest court of this jurisdiction].

Please let me know if I can help more. If you are satisfied with my help, please rate me.

Expert:  Colleen Grady replied 5 months ago.

I looked at the YouTube video. This is very complicated. Why aren't you getting an attorney?

Customer: replied 5 months ago.
It's hard to find a constitutional attorney. That is what my wife would like to have also they want two hundred thousand retainer. There is a lot of good men out there, with tons of info but the judge will not allow it.
Expert:  Colleen Grady replied 5 months ago.

Have you tried to contact clinical programs in law schools in Oregon?

Expert:  Colleen Grady replied 5 months ago.

The University of Oregon has a Criminal Defense Clinic. It is usually for misdemeanors but the professor running it may be interested in your case. https://law.uoregon.edu/explore/clinics

Customer: replied 5 months ago.
I have been out of town thanks for your reply.
Expert:  Colleen Grady replied 5 months ago.

No problem

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