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Nellie Barnard

Overview

Nellie Barnard is an experienced litigator who excels at providing legal ethics and risk management advice to lawyers, law firms, law students, and in-house legal departments. Nellie also represents Oregon and Washington lawyers in attorney discipline matters and character and fitness proceedings, including on appeal. Capable of defending complex business or financial services litigation disputes, Nellie guides her clients toward successful resolutions from inception through appeal, if necessary.

Nellie appreciates the obstacles that lawyers and law firms face in the practice and the business of law. She works collaboratively with her clients to minimize the risk of liability including issues involving conflicts of interest, sanctions, privilege, client confidentiality, engagement and withdrawal procedures, multi-jurisdictional practice, lawyer-client relationships, fee disputes, and practice planning and management. She helps lawyers and law firms address the boundaries involving attorney advertising and marketing, including issues particular to social media, client solicitation, business relationships with non-lawyers, and fee sharing. Nellie also advises law firms and lawyers on ethical and fiduciary issues related to lateral hiring, law firm dissolution, and expulsion matters, and she serves as outside general counsel to law firms.

Experience

Experience

  • Provided outside general counsel services and risk management advice to lawyers, law firms, and in-house legal departments on the topics of conflicts, engagement and withdrawal procedures, privilege, client solicitation, client confidentiality, lawyer-client relationships, social media, and more.
  • Defended sanctions motions, disqualification motions, fee disputes, and complex privilege disputes.
  • Represented lawyers and students before bar associations on disciplinary matters, licensing, admissions, reciprocity, character and fitness reviews, and unauthorized practice of law issues.
  • Defended complex business disputes and consumer financial services litigation in state and federal court at both the trial and appellate court levels, including successfully arguing dispositive motions and appeals.

Memberships & Awards

Memberships

  • Multnomah Bar Association: Treasurer (2021-2022), Board Member (2019-2022), Professionalism Committee (2016-2019)
  • Oregon Women Lawyers (2011-present)
  • Association of Professional Responsibility Lawyers (2015-present)
  • American Bar Association, Center for Professional Responsibility (2015-present)

Awards

  • Best Lawyers in America Award: Ones to Watch, Professional Malpractice Law (2022)
  • Oregon Rising Star List, Professional Liability (2020-2022)
  • Campaign for Equal Justice, Associates Award (2021 & 2022)

Resources & Ideas

Seminars & Speaking Engagements

Social Media and Lawyers: Raising Your Profile Without Jeopardizing Your License
The Seminar Group, CLE Bootcamp
December 2021

Confidentiality, Conflicts and COVID
The Seminar Group, 25th Annual Oregon Land Use Seminar
December 2021

Confidentiality, Conflicts and COVID
Federal Bar Association, Oregon Chapter
December 2021

Current Risk Management Issues in the Practice of Law
Multnomah Bar Association Young Litigators Forum Winter Series
March 2021

Ethical Considerations in Land Use Law
24th Annual Oregon Land Use Law Conference
December 2020

Ethical Considerations in Construction Law
25th Annual Oregon Construction Law Conference
September 2020

45th ABA National Conference on Professional Responsibility, Rule 8.4(a) and Attempted Rule Violations
American Bar Association
May 2019

Lewis & Clark Law School Ethics and Professionalism Panel
Multnomah Bar Association
October 2018

Legal Ethics for Nonprofit Lawyers
Oregon State Bar
September 2018

No Three Strikes, but the Lawyer is Still Out Panel: Discipline for Attempted Ethics Violations under RPC 8.4(a), Moderator
Association of Professional Responsibility Lawyers Annual Meeting
August 2018

Legal Ethics for Contract Lawyers
Oregon Women Lawyers, Contract Lawyers Section
July 2018

A Day in the Ethical Life of a Tax Lawyer
18th Annual Oregon Tax Institute, Oregon State Bar
June 2018

21st Annual Oregon Land Use Law-the Ethical Land Use Lawyer: Five Issues Worth Your Time
The Seminar Group
December 2017

Publications

Thoughts on Law Firm Engagement Letters, Lemme Insurance Brokers & Consultants, A Division of Epic, January 6, 2022

Efforts Toward Improved Diversity and Inclusion Through the Anti-Bias Rule, The Federal Lawyer, November/December 2021

Community Activities

Community Activities

  • Harpole Committee (2011-present)
  • Campaign for Equal Justice, Associates’ Committee (2015-2022)

Services

Education

Admissions

Oregon State Courts

Washington State Courts

United States Court of Appeals, the Ninth Circuit

United States District Court, District of Oregon

United States District Court, Western District of Washington

Outside The Office