Oregon State Bar v. Arnold
Oregon State Bar v. Arnold
Opinion of the Court
Plaintiff Oregon State Bar sought to enjoin defendant from practicing law without a license. The trial court entered an injunction to that effect and awarded the Bar its attorney fees. On defendant’s appeal, we remand with instructions to modify the injunction.
Although defendant is not a member of the Oregon State Bar, he appeared on behalf of another person in Scappoose Municipal Court. He filed two motions to dismiss a complaint against that person; he also appeared and argued the motions to dismiss. Because of defendant’s appearance in municipal court, the Bar filed this action to enjoin him from practicing law. See ORS 9.160; ORS 9.166(1).
On appeal, defendant raises three assignments of error. We write only to address the third assignment of error.
Remanded with instructions to modify injunction to permit defendant to act as an attorney in justice court pursuant to ORS 52.060; otherwise affirmed.
ORS 9.160 provides:
“Except for the right reserved to litigants by ORS 9.320 to prosecute or defend a cause in person, no person shall practice law or represent that person as qualified to practice law unless that person is an active member of the Oregon State Bar.”
ORS 9.166(1) provides, in part:
“* * * The court shall enjoin any person violating ORS 9.160 from practicing law without a license. * * * The prevailing party may recover its costs and attorney fees in any suit for injunctive relief brought under this section in which the fBloard Tof Bar Governorsl is the plaintiff.”
We affirm without discussion the rulings that defendant challenges in his first and second assignments of error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.