IN THE SUPREME COURT OF THE STATE OF OREGON
| In the Matter of An Amendment to | ) | ORDER NO. 02-028 |
| DR 1-102 of the DISCIPLINARY | ) | |
| RULES OF THE OREGON CODE OF | ) | ORDER AMENDING |
| PROFESSIONAL RESPONSIBILITY | ) | DR 1-102 |
At its public meeting on January 29, 2002, the Court considered and adopted an amendment to DR 1-102.
IT HEREBY IS ORDERED that DR 1-102 is amended by the addition of subsection (D), as set out below, effective the date of this order:
(D) Notwithstanding DR 1-102(A)(1), (A)(3) and (A)(4) and DR 7-102(A)(5), it shall not be professional misconduct for a lawyer to advise clients or others about or to supervise lawful covert activity in the investigation of violations of civil or criminal law or constitutional rights, provided the lawyer's conduct is otherwise in compliance with these disciplinary rules. "Covert activity," as used in this rule, means an effort to obtain information on unlawful activity through the use of misrepresentations or other subterfuge. "Covert activity" may be commenced by a lawyer or involve a lawyer as an advisor or supervisor only when the lawyer in good faith believes there is a reasonable possibility that unlawful activity has taken place, is taking place or will take place in the foreseeable future.
DATED THIS 31st day of January 2002.
Wallace P. Carson, Jr.
Chief Justice
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