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Category: General Law

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What Training and Certifications Are Required of Attorneys in Portland Oregon?

Written by George McCoy on . Posted in General Law.

Whether you’re just graduating from high school and deciding which career path to choose for the first time or have been working in a different profession for years and are ready for a life change, deciding to become a lawyer can be both exciting and daunting. There are many steps to take before you’re permitted to represent another person in a court of law. Figuring out which steps are required and in which order takes some work. Becoming a lawyer requires dedication and commitment through the education and testing process, and it also requires a large financial obligation to pay for the schooling and certifications required by the state.

Many lawyers have decided on this career path because it provides a lot of job satisfaction, as it allows you to use your legal skills to help others and protect those without a voice, such as children, animals, and the environment. Not only is it a meaningful career path, but it also provides financial stability with a large earning potential, and it allows you the flexibility to choose your own law field to specialize in based on which areas of law you’re most interested in. Lawyers can work across multiple fields of law throughout their careers.

Your attorneys in Portland, Oregon, from Warren Allen LLP did the legwork for you, and we’ve listed below the steps to take to start your career journey and become a professional lawyer. If you would like to speak with an attorney in the Portland, Oregon, area, contact Warren Allen LLP for legal advice or representation.

Earn a Bachelor’s Degree

The first step in becoming a lawyer is earning your bachelor’s degree from an accredited undergraduate school that’s recognized by the US Department of Education. You aren’t required to select a particular major in order to apply to a law school that’s accredited by the American Bar Association (ABA), and you can graduate with either a Bachelor of Science (BS) or Bachelor of Arts (BA) degree.

However, there may be certain classes that can be completed during your undergraduate degree that will be helpful when earning your law degree, as they prepare you for those lessons that will be required during your post-graduate law program. Taking classes such as criminal justice and political science, business and economics courses, and classes in communications can all help prepare you for the classes required during law school.

Pass the Law School Admission Test (LSAT)

Once you graduate from an undergraduate program recognized by the US Department of Education, you’re ready to study for your Law School Admission Test (LSAT). The LSAT is a standardized exam that must be completed before applying to any ABA-accredited law school. The exam includes multiple-choice questions that test your logic, reasoning, and reading comprehension. You will also be required to submit a 30-minute writing sample that doesn’t count toward your LSAT score but is used by law school administrators to evaluate your qualifications for entering their law program.

The Law School Admission Council’s website is a great resource for preparing for the LSAT, and you can also sign up to sit for the exam on their website. You must apply to take the LSAT online, and the test is only available to take during certain times of the year, so it’s important to visit the Law School Admission Council’s website to find out when the exam will be offered in your area. You should receive your LSAT score about three weeks after completing the exam.

LSAT scores will range from 120, which is the lowest possible score, to 180, which is the highest possible score. Each law school program will require a certain score to be considered a candidate for their law program, and that score will vary with each school. The average LSAT score is around 150. The exam will be around 100 questions, and you will need to get about 60 questions correct to pass with a 150.

Graduate From Law School

After graduating with an undergraduate degree and completing the LSAT, you’re now ready to apply to an ABA-accredited law school. Three ABA-accredited law schools in the Portland, Oregon, area are Lewis and Clark Law School, University of Oregon Law School, and Willamette University College of Law. In order to sit for the Oregon State Bar Exam, you must have graduated with a Juris Doctor (JD) or Bachelor of Laws (LLB) degree from an ABA-accredited school.

Most law programs will have students complete internships where they get to put into practice what they learned in the classroom. All ABA-accredited law degree programs offer the same foundational law classes that include civil, criminal, and constitutional law; international law; legal research and writing; contracts, ethics, wills, and trusts; and estate and property law.

Pass the Oregon State Bar Exam

You can sign up to sit for the Oregon State Bar Exam within 120 days of your graduation date from an ABA-accredited law program. The Oregon Bar Exam is given twice a year, in February and July, and is given over two days. You must apply to sit for the Bar exam by November 15 for the one offered in February, or by April 15 for the exam offered in July.

The Oregon State Bar Exam application can be found on the Oregon Bar Association website. The application requires providing six character statements and information on your last five employers. It costs $750 to sit for the bar exam. Oregon Bar Exam results are typically mailed six weeks after completing the test.

Maintaining Your License With the Oregon Bar

Once you pass the bar exam, you’re now an attorney in Oregon. Attorneys in Portland, Oregon, are required to participate in the Bar’s New Lawyer Mentoring Program (NLMP) within the first year of becoming a licensed attorney. To maintain your Oregon legal license, you must complete 45 credit hours of Mandatory Continuing Legal Education (MCLE) courses every three years. Course information can be found on the Oregon State Bar website.

Power of Attorney legal document with fountain pen.

What Are the Types of Power of Attorney?

Written by George McCoy on . Posted in General Law.

Power of attorney is a legal document that gives one person the power to represent or act on behalf of another person in business, private affairs, or any other legal matter. For instance, it can be used to allow one person to sign a contract for someone else, make financial transactions, make health care decisions, and so on. In fact, a power of attorney may be the most important of all the legal documents there are. Because of this, it’s not a decision to be taken lightly and should be discussed and researched first by all parties involved.

The person who is giving the power to another person is referred to as the principal, grantor, or donor. The person receiving the power is referred to as an agent or attorney-in-fact. The agent is able to make the power of attorney very broad or can limit it to just certain acts. There are four different types of power of attorney for you to choose from—special or limited power of attorney, general power of attorney, durable power of attorney, and springing durable power of attorney.

1. Special or Limited Power of Attorney

If you don’t want to give someone the ability to act on behalf of all of your rights, a special or limited power of attorney is likely what you want to choose. It gives the agent the power to act for you in only a very specific, limited purpose. There will be a specified time in the document when the power of attorney privileges end.

Common uses of a special or limited power of attorney include granting the agent the ability to sell a home or other real estate, sign a deed on behalf of the principal, or cash checks payable in the principal’s name.

2. General Power of Attorney

As the name suggests, this is the broadest level of power of attorney, and it’s quite comprehensive. With a general power of attorney in Oregon, the agent can act entirely on behalf of the principal. Any rights the grantor has are now shared with the agent. This means that the agent can manage the principal’s personal finances, including opening accounts and signing for them. The agent is also able to file lawsuits, make financial investments, manage the business, apply for benefits, collect debts, cash checks, and purchase or sell things all on behalf of the principal.

To revoke a general power of attorney arrangement, the principal needs to legally take it away, become incapacitated, or pass away.

3. Durable Power of Attorney

Whereas a general power of attorney is revoked when a principal becomes incapacitated, a durable power of attorney endures. This means that you should assign someone as a durable power of attorney in Oregon when you want to give them authority only if you’re not able to act on behalf of yourself or if you want to give them an immediate authority that will continue after you become incapacitated. This form of power of attorney can be limited or general in scope. A durable power of attorney in Oregon will remain in place until the principal’s passing or if they revoked it before becoming incapacitated.

A common reason people choose a durable power of attorney in Oregon is if they have been diagnosed with a disease such as Alzheimer’s. By choosing a durable power of attorney, you’re making sure that there is someone who can begin to act on your behalf or continue to act on your behalf when the disease progresses to a level where you’re no longer able to act on your own.

If you don’t assign a durable power of attorney and become incapacitated, a court will have to appoint a guardian or conservator for you, which is why it’s good to assign a durable power of attorney sooner rather than later.

4. Springing Durable Power of Attorney

As you may be able to tell from the name, this form of power of attorney is similar to a durable power of attorney, but it only begins once a specified event has happened where the principal has become incapacitated. Because of this, it’s very important that if you choose this type of power of attorney, you are extremely careful in the document to determine the standard for what would trigger the power of attorney to become effective. Both the principal and the agent need to understand what triggers this springing durable power of attorney to begin and make sure that it’s crystal clear in the document so there won’t be any misinterpretation.

Not every state in the US has this type of power of attorney, but there is springing durable power of attorney in Oregon if this is an appropriate option for your situation.

Some Considerations Before Sign the Paperwork

Becoming involved in a power of attorney privilege is an important decision and responsibility for both parties. If you’re the principal, you’re allowing someone else to act on behalf of you. Therefore, it’s crucial to understand the different types of power of attorney first to ensure you’re choosing the type that’s correct for you and will benefit you the most. It’s also important that you assign a power of attorney prior to becoming incapacitated.

If you’re considering naming a power of attorney in Oregon, at Warren Allen LLP, we’re here for you. We’ve been serving Portland and the Pacific Northwest since 1971 and have a thorough understanding of power of attorney. Please feel free to reach out to us. We’re happy to discuss the topic further with you and hear about your needs. We can then help to assess your situation and provide you with a recommendation as to which power of attorney we would recommend for you. We understand that this is a big decision to make, and we’re here to guide you through the process and make it a bit easier.