Administering Trusts in Oregon, 2018 Edition

Administering Trusts in Oregon includes all you need to know to ensure your clients’ peace of mind. With this new edition, you will confidently represent your clients under the Oregon Uniform Trust Code and always be prepared with up-to-date, essential information on trust administration.

 TABLE OF CONTENTS

  • The Role of Trusts in the Estate Planning Process
  • Overview of the Oregon Uniform Trust Code
  • Trust Substitutes
  • Trustee Selection and Succession
  • Trustee’s Duties, Powers, and Liabilities
  • Administration Procedures
  • Principal and Income
  • Tax Aspects of Trust Administration
  • Trust Investments
  • Creditors’ Rights and Spendthrift Clauses
  • Charitable Trusts
  • Special-Needs Trusts
  • Pet Trusts
  • Oregon Rule against Perpetuities
  • Litigation
  • Modification, Revocation, and Termination
  • Tax Issues in Postmortem Administration
  • Ethics and Conflicts of Interest
  • Environmental Liability Issues

A special thank you to the following editors and authors for their time and contributions to this new edition:

Stephen E. Kantor; Carolyn W. Miller; Hilary A. Newcomb; Ian T. Richardson; Robert J. Saalfeld; Jeffrey G. Moore; Susan N. Gary; Eric R. Foster; Paul F. McClay; Erin Keys MacDonald; Timothy J. Wachter; Stephanie E. Carter; Margaret Vining; Caitlin M. Wong; Eric Wieland; Walker Clark; Christopher P. Cline; Joshua E. Husbands; R. Brent Berselli; Melissa May; Julie Nimnicht; Emily Hogan; Emily V. Karr; Susan B. Bock; Matthew Whitman; Susan A. Bower; Christine P. Brown; Valerie Sasaki; Peter R. Jarvis; Carson Bowler.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

What’s New on BarBooks™

The following material has been posted to BarBooks™ as of November 1, 2017. Chapters to books in progress are posted as they are finalized, before they are available in print.

Veterans, Military Servicemembers, and the Law
Chapter 6:   The US Department of Veterans Affairs
Chapter 8:   Employment and Reemployment Rights
Chapter 10:  Family Law

Administering Trusts in Oregon
Chapter 1:   The Role of Trusts in Estate Planning Process
Chapter 5:   Trustee’s Duties, Powers, and Liabilities
Chapter 6:   Administration Procedures
Chapter 14:  Oregon Rule Against Perpetuities

Oregon Criminal Jury Instructions
UCrJI Nos. 1043, 1103 and 2311

Oregon Uniform Jury Instructions, 2017 Supplements

With Oregon Uniform Jury Instructions you will always be prepared for trial with up-to-date and customizable jury instructions, save time by using instructions already drafted by the experts, and represent your clients with confidence using the comments to the instructions.


Oregon Uniform Civil Jury Instructions

  • 1 New Instruction
  • 9 Revised Instructions
  • 1 Withdrawn Instruction

The Uniform Civil Jury Instructions Committee completed their review of the landlord-tenant instructions with updates to an instruction last updated in 2011 and the addition of a new instruction addressing landlord retaliation. The committee continued reviewing instructions in other areas that were last reviewed in 2005 as well as updating instructions last reviewed in 2007. Included in this 2017 supplement are nine revised instructions, one new instruction, and one instruction addressing passenger negligence that was withdrawn because it was sufficiently addressed in other instructions.

Oregon Uniform Criminal Instructions

  • 2 New Instructions
  • 8 Revised Instructions
  • Updated Users’ Guide

The Uniform Criminal Jury Instructions Committee is finishing up its 2017 supplement. The updated Users’ Guide contains discussions on the issues of jury concurrence, judicial admissions, and stipulating to prior convictions. The committee drafted a new curative and limiting instruction to address matters excluded from evidence and matters offered for a limited purpose. The committee also added new case law to a number of instructions and revised the instructions for second-degree robbery and unlawful possession of a firearm.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or toll-free in Oregon, 1-800-452-8260, x 413.

NEW! Veterans, Military Servicemembers, and the Law, 2017 Edition

Available for Preorder! Order Your Copy Today.

This new offering is a resource developed in conjunction with the Military and Veterans Law Section. It highlights the vast military presence in Oregon, underscoring the need for legal resources to support our veterans and military. It also provides information about legal rights and benefits that may alter how you practice when your client or opponent is a veteran or military servicemember.

Highlights include:

  • Who Is a Veteran?
  • Military Branches
  • Oregon’s Military Presence
  • Criminal Law for Veterans
  • Getting Military Records, and Witnesses: Privacy Act, FOIA, and Touhy Requests
  • The US Department of Veterans’ Affairs
  • State Veterans’ Benefits and Resources
  • Employment and Re-Employment Rights
  • Helping Servicemembers on Active Duty and Veterans as Civil Litigants, Consumers, and Taxpayers
  • Family Law Issues
  • PTSD and TBI: Issues in Administrative and Criminal Forums
  • Veteran-Focused Service Organizations

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Advising Oregon Businesses: Vols. 1 & 2, 2017 Edition

Available for Preorder! Order Your Copy Today.

Advising Oregon Businesses provides the tools you need to assist your business clients in choosing and organizing a business entity. This must-have resource is written and edited by Oregon’s foremost business law lawyers. Volumes 1 and 2 have been completely revised to include new topics, 2017 legislation, and one new chapter on where to incorporate.

Highlights include:

  • Sole Proprietorships
  • General Partnerships
  • Limited Liability Partnerships
  • Limited Partnerships
  • Partnership Taxation
  • Tenancy in Common—An Alternative to Partnerships or LLCs
  • Limited Liability Companies
  • Procedural Steps of Incorporation
  • Business Records
  • Amendment of Articles and Bylaws
  • Income Tax Consequences of Incorporation
  • Subchapter S Taxation
  • Financing in General
  • Definition of a Security
  • Public Companies
  • Private Placement of Securities
  • Oregon Securities Law
  • Debt Financing
  • Venture Capital Financing
  • Government Financing of the Small Business
  • Shareholders’ Meetings; Voting; Proxies; and Voting Arrangements
  • Corporate Buy-Sell Agreements
  • Redemption or Purchase of Corporate Shares
  • Shareholder Derivative Actions
  • Inspection of Corporate Records
  • Powers, Duties, and Liabilities of Corporate Directors and Officers
  • Ethical Guidelines for the Business Lawyer
  • Dividends
  • Foreign Corporations in Oregon
  • Assisting an Extranational Corporation in Oregon
  • Cooperatives
  • Professional Corporations
  • Special Problems of Closely Held Businesses
  • Tax Aspects of Stock Redemptions and Nonliquidating Distributions
  • Corporate Liquidations
  • Introduction to Corporate Reorganizations
  • Acquisitive Corporate Reorganizations: Type A, B, and C Reorganizations
  • Corporate Separations—The D Reorganization
  • Type E and Type F Reorganizations
  • Type G Reorganizations
  • Cross-Entity Conversions and Mergers
  • Jurisdiction of Organization – NEW!

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Damages, 2016 Revision

Available Now!

Damages will help you:

  • Evaluate a case quickly and competently.
  • Analyze both plaintiff and defense strategies in damage claims.
  • Determine the types of damage awards and remedies available to your client.

From compensatory damages to punitive damages to nonmonetary remedies, the award of damages is what brings your client to the civil courtroom. Damages is your essential resource to determine the types of damage awards and remedies that may be available to your client.

Table of Contents:

  1. Compensatory Damages
  2. Nominal Damages
  3. Punitive Damages
  4. Pain and Suffering
  5. Mental Distress
  6. Loss of Earnings and Earning Capacity
  7. Medical Expenses
  8. Impaired Living Capacity
  9. Contributory Negligence and Comparative Fault
  10. Loss of Service
  11. Wrongful Death
  12. Defamation and Invasion of Privacy
  13. Civil Rights and Employment Discrimination
  14. False Imprisonment
  15. Interference with Contractual and Business Relations
  16. Securities Laws
  17. Physical Injury To or Loss of Chattels
  18. Dispossession of Personal Property
  19. Invasions of Real Property, Including Environmental Damage
  20. Condemnation
  21. Tortious Injury to Property in Admiralty
  22. The Standard Fire Insurance Policy and other Direct-Loss Policies
  23. Contracts for the Sale of Goods
  24. Employment Contracts
  25. Construction Contracts
  26. Land Sale Contracts
  27. Special Damages for Breach of Contract
  28. Loss of Profits
  29. Liquidated Damages
  30. Attorney Fees and Costs
  31. Prejudgment Interest
  32. Mitigation of Damages
  33. Collateral Benefits and the Collateral-Source Rule
  34. Additur and Remittitur

Order your copy today by visiting our online bookstore.  You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Oregon Administrative Law, 2016 Supplement

There have been important changes in administrative law. Do you know what they are? Buy the 2016 supplement to Oregon Administrative Law and find out. Oregon Administrative Law thoroughly updates the 2010 text with an explanation of the essential components of Oregon’s Administrative Procedures Act, including its comprehensive definitions, rulemaking procedures, contested case procedures, procedures for judicial review of rules, contested case orders, declaratory rulings, and much more.

Highlights include:

  1. Agency Authority and Functions — 41 updated sections
  2. The Administrative Law Judge — 13 updated sections
  3. Administrative Rules — 19 updated sections
  4. Contested Cases: Preparation and Strategy — 66 updated and 4 new sections
  5. Orders in Other than Contested Cases — 16 updated sections
  6. Extraordinary Remedies in Administrative Cases — 63 updated sections
  7. Public Records — 29 updated sections
  8. Public Meetings and Public Hearings — 29 updated sections
  9. Attorney General Opinions and Rules — 8 updated and 3 new sections
  10. Civil Penalties and Cease-and-Desist Orders — 5 updated sections
  11. Criminal Enforcement of Administrative Rules, Permits, and Absence of Permits — 14 updated sections
  12. Alternative Dispute Resolution — 3 updated sections
  13. Health Professional Licensing and Enforcement — 15 updated sections
  14. Judicial Review of Administrative Decisions — 32 updated sections
  15. Governmental Oversight and Relations — 11 updated sections
  16. Legal Ethics in the Administrative Law Setting — 16 updated sections

Order your copy today! 

Oregon Formal Ethics Opinions, 2016 Revision and ORPCs Annotated, 2016 Edition

Avoid being waylaid by ethics issues. Save time by having all the answers to your ethics questions at your fingertips with your own copy of the revised Oregon Formal Ethics Opinions and all new Oregon RPCs Annotated. Both publications are available now.  Visit our online bookstore to order your copies today.


Oregon Formal Ethics Opinions, 2016 Revision

This new edition of the Oregon Formal Ethics Opinions replaces the 2005 revision and all supplements. It includes:

  • Revised comments to all 2005 opinions with updated cross-references to The Ethical Oregon Lawyer, 2015 Revision, and other resources
  • New comments to all opinions issued in 2006 and later
  • One new opinion issued and twenty-six opinions that were revised by the Legal Ethics Committee in 2015
  • Nine opinions that were revised by the LEC in 2016
  • Updated tables, revised and updated subject index, and opinions citator

Oregon Rules of Professional Conduct Annotated, 2016 Edition

This new offering from the Oregon State Bar Legal Publications Department is a companion to the Oregon Formal Ethics Opinions, and includes:

  • Full text of all Oregon RPCs
  • Annotation summaries of all Oregon Supreme Court cases, Disciplinary Board Reporter cases, and Oregon Formal Ethics Opinions citing the Oregon RPCs and ORS chapter 9
  • Annotation summaries of all cases citing relevant DRs
  • Sanction imposed in each case clearly highlighted for quick reference
  • Cross-references to discussions of the Oregon RPCs in The Ethical Oregon Lawyer, 2015 Revision
  • Tables, subject index, and conversion table from DRs to Oregon RPCs

Will be updated annually with new case annotations


Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503)431-6413 or 1-800-452-8260, ext. 413.

Creditors’ Rights and Remedies, 2016 Revision

Available for Purchase.  ORDER NOW!

  • Trying to collect a judgment or enforce a lien?
  • Having trouble locating the debtor or the debtor’s assets?
  • Need to know what property is subject to execution?

Creditors’ Rights and Remedies can help!

This book contains the latest developments in debtor-creditor law and a wealth of practice tips to make you an efficient and effective lawyer. The 2016 revision completely updates the prior revision and supplement, and also includes several revised chapters from Foreclosing Security Interests. It focuses on Oregon case law and statutes, and presents explanations of federal law where applicable.

Table of Contents:

  1. Provisional Process
  2. Alternatives to Bankruptcy: Assignment for Benefit of Creditors or Receivership
  3. Statutory and Possessory Liens
  4. Enforcement of Foreign Judgments
  5. Practical Discovery
  6. Execution
  7. Garnishment
  8. Decedents’ Estates
  9. Exemptions
  10. Proceedings in Support of Execution
  11. Fraudulent Conveyances and Creditors’ Bills
  12. Self-Help Remedies under the Uniform Commercial Code
  13. Judicial Foreclosure of Security Interests in Personal Property
  14. UCC Article 9

Order your copy today by visiting our online bookstore.  You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Oregon Real Estate Deskbook – Available Now!

The Oregon Real Estate Deskbook is a complete reorganization of the five current real estate series books, combining chapters that covered the same topics from different angles.  In addition, it includes updated chapters from Foreclosing Security Interests and eleven brand new chapters.

This new five-volume book can be purchased as a complete set or as individual volumes.  The comprehensive tables and index, included with the complete set, can be purchased separately with the purchase of any one individual volume.

Order your copy today by visiting our online bookstore or by calling our CLE Service Desk at (503)431-6413, or toll-free in Oregon, 1-800-452-8260, x 413.

Volume 1:  Includes 18 chapters covering Preliminary Considerations; Estates, Title, and Survey; Easements and Covenants, Conditions, and Restrictions; and Acquisitions and Dispositions.  Also included are chapters on Deeds and Conveyances; Escrows and Closing; and Earnest Money Agreements.

Volume 2: Includes 12 chapters on Financing Transactions, including three brand new chapters.  Also included are chapters on Commercial Real Estate Finance; Mortgage Foreclosure; Contract of Sale; and Real Estate Appraisal.

Volume 3: Includes nine chapters covering Residential, Commercial, and Ground Leasing as well as Condominiums, Planned Communities, and Timeshares.  Also includes chapters on Leasing Assignments and Subleases; Commercial Lease Disputes and Remedies; and Governances of Community Associations.

Volume 4: Includes 13 chapters covering Non-Possessory Rights, Unique Property Types, and Other Legal Considerations.  Six chapters are brand new including Mineral Rights, Forestland, Timber, and Forest Products; Receivership; and Property and Liability Insurance.

Volume 5: Includes 12 chapters on Taxes and Assessments, and Real Estate Disputes along with 2 brand new chapters.  Other content includes Like-Kind Exchanges; Tax Credits and Abatements; Vacation and Abandonment; and Judgments, Execution, and Exemptions.