Uniform Trust Code Research Just Got Easier!

The fourth edition of Administering Trusts in Oregon is now available for preorder, shipping before the end of April! This new edition addresses changes to the law of trusts since the third edition was released in 2018.

Featuring an all-new, portable 7″ x 10″ perfect-bound format, this comprehensive guide offers invaluable insights into the nuances of trust administration in Oregon. In addition, all references to the Uniform Trust Code Commentary now include pinpoint refences to the Legal Publications recent edition of Oregon Probate Code and Uniform Trust Code with UTC Commentary, which is also available for purchase.

Publication History

When Administering Trusts in Oregon was first published in 1995, the law of trust administration in Oregon was relatively unregulated by statute. The enactment of the Oregon Uniform Trust Code in 2005 made changes to and codified the law regarding administering trusts in Oregon, and so the 2007 edition was released to reflect changes to trust law brought about by the enactment of the UTC, including significant changes with regard to modifying or terminating a trust. Since then there have been changes in the rules regarding the trustees’ duties to inform and report, nonjudicial modifications, exercise of powers, and other tech­nical corrections. The third edition of Administering Trusts in Oregon addressed these subsequent developments to trust law in Oregon.

Building on a Firm Foundation

With in-depth discussions of special-needs, charitable, and pet trusts, as well as spendthrift clauses and tax-implications of various types of trusts, this publication is an indispensable resource for attorneys seeking to expand their expertise in trust administration or to deepen their understanding of Oregon trust laws. The first three editions laid a firm foundation of material organized in a logical and comprehensive fashion.

This fourth edition addresses statutory and relevant case law updates that have occurred since the third edition in 2018. It includes new material discussing stewardship trusts and tenancy-by-the-entirety property in revocable trusts.

Why This Book Is Important

Lawyers often use trusts as an estate planning tool, and trusts are frequently administered by individual trustees. Administering Trusts in Oregon offers practical guidance to the lawyer who is counseling the trustee concerning the trustee’s rights and responsibilities in the trust admin­istration process. In general, the book focuses on the individual trustee rather than the corporate trustee, and includes discussion of the trustee’s responsibilities to beneficiaries, settlors, and government entities.

The combined resources of Administering Trusts in Oregon  and Oregon Probate Code and Uniform Trust Code with UTC Commentary will streamline your research and enhance your practice in this important area of law.

Combined Conditions in Workers’ Compensation

The 2023 edition of Workers’ Compensation in Oregon is due out in June. It includes a new chapter on combined conditions. This useful, 22-page chapter was written by Daniel Walker with SAIF Corporation in Salem.

This post is an excerpt from the introduction to that chapter. The full chapter can be accessed via the full print book available for pre-order here, purchased as a stand-alone eBook here, or viewed on the BarBooks™ online library. Continue reading

Longshore Added to Workers’ Compensation Book

The 2023 edition of Workers’ Compensation in Oregon is due out in June. The first revision of this important volume since 2008, the 2023 edition has been reorganized, updated with new case law, and includes two brand new chapters. One of those new chapters is on the Longshore and Harbor Workers’ Compensation Act. This comprehensive, 70-page chapter was written by Norman Cole, who is Of Counsel with Brownstein Rask LLP in Portland. Because this is such a specialized area of practice, the editorial review board brought in guest editorial reviewer James R. Babcock with Babcock Holloway Caldwell & Stires PC in Lake Oswego to peer review the chapter before in-house editing.

This post is an excerpt from the introduction to that chapter. The full chapter can be accessed via the full print book available for pre-order here, purchased as a stand-alone eBook here, or viewed on the BarBooks™ online library. Continue reading

Oregon Evidence Code—A Brief History

Adoption of the Oregon Evidence Code

The current Oregon Evidence Code was adopted in 1981. See Or Laws 1981, ch 892. Prior to 1981, the evidence rules in Oregon had not seen a major overhaul since 1862. For a thorough history of the law of evidence in Oregon, culminating in the Oregon Evidence Code, see Laird C. Kirkpatrick, Reforming Evidence Law in Oregon, 59 Or L Rev 43 (1980), and Robert E. Jones, An Overview of the Oregon Evidence Code, 19 Willamette L Rev 343 (1983). Continue reading

Important Updates to Criminal Jury Instructions

The 2022 supplement to the Uniform Criminal Jury Instructions is now available for preorder. The Uniform Criminal Jury Instructions Committee had its work cut out for it in 2022, resulting in 35 amended instructions and two new instructions. Culpable mental states and delivery of controlled substances were just two of the topics the Committee tackled in response to appellate case law. Legal Publications Attorney Editor Dean Land, who is OSB’s liaison to the Committee, has provided the following insight into the Committee’s work. Continue reading

Stops and Frisks in Oregon

The 2022 revision of Criminal Law in Oregon is scheduled to release in December. The chapter on Stop and Frisk is written by Laura Fine and excerpted here. The chapter will be as up-to-date as possible upon publication, including caveats and note regarding legislation that become effective after it is in print. This excerpt includes links to the public pages of the Fastcase online database.

To read the full chapter, log into the BarBooks™ online library or preorder a copy of the print publication or eBook download from our online bookstore. Continue reading

Legal Websites on Criminal Law

In preparation for the upcoming release of the 2022 revision of Criminal Law in Oregon, we decided to share a few blogs and websites related to criminal law matters. These sites were gleaned from chapters of the new revision and a basic Google search for criminal law blogs. We do not guarantee the accuracy of the information contained in these sites, which can change over time. Many of these links and more are included in the new edition of Criminal Law in Oregon. Continue reading

Legal Opinion Practice in Real Estate Transactions

Following the recommendation of the Committee, the Executive Committee of the Real Estate and Land Use Section of the Oregon State Bar (“Executive Committee”) formally adopted the updated 2022 Oregon Model Opinion Report and the accompanying 2022 Oregon Model Opinion for use in Oregon secured real estate transactions on September 16, 2022. Continue reading

Lawyers and Mental Health Professionals in Criminal Law Cases

The 2022 revision of Criminal Law in Oregon is scheduled to release in December. It will be available for preorder soon, in both print and digital formats. This revision contains up-to-date case law and statutory changes that have happened since the 2013 revision was released. We are excited to be offering this new edition in a durable, convenient, and accessible perfect bound format.

The chapter on Mental Illness and Incapacity, authored by Laura Graser, Elizabeth N. Wakefield, and Harris S. Matarazzo, addresses the issue of working with mental health professionals. This post is an excerpt from that chapter, which also covers the guilty except for insanity defense,  Psychiatric Security Review Board (PSRB) jurisdiction, civil commitment proceedings, and sex-offender classification. The full chapter is available on the BarBooks online library and will be available as an eBook in December. Continue reading

DNA Testing Excerpt from Criminal Law in Oregon

The 2022 revision of Criminal Law in Oregon is scheduled to release in December. It will be available for preorder soon, in both print and digital formats. This revision contains up-to-date case law and statutory changes that have happened since the 2013 revision was released. We are excited to be offering this new edition in a durable, convenient, and accessible perfect bound format.

One of the new areas addressed in this revision deals with postconviction motions for DNA testing. This post is an excerpt from that chapter, written by authors Ryan Kahn, Daniel Toulson, and Jason Weber. It is available here before it is completely final or posted to the BarBooks online library. Continue reading