The Oregon State Bar has dismissed an ethics complaint against Ammon Bundy's lawyers stemming from their visit to the Malheur National Wildlife Refuge before his Jan. 26 arrest and decision to retain them.

Bundy ended up hiring the Eugene law firm less than three weeks after two of its lawyers went to the occupied refuge to offer their services for free.

"We conclude there is no sufficient basis to warrant a referral to disciplinary counsel for further review,'' the bar's assistant general counsel, Troy J. Wood, wrote in a letter Tuesday.

Bundy, 40, led an armed takeover of the federal bird sanctuary, which lasted 41 days, starting Jan. 2. He said he was protesting the return to prison of two Harney County ranchers and federal control of public land.

He has pleaded not guilty to a federal indictment charging him with conspiring to impede federal officers through intimidation, threats or force, possession of a firearm or dangerous weapon at a federal facility, and using and carrying a firearm in a crime of violence.

Whether or not a lawyer is motivated by financial gain, the state bar permits a lawyer to solicit professional employment through a written letter, unless there is some indication that the person solicited "could not exercise reasonable judgement.''

The bar found that the Arnold Law Firm complied with state bar rules.

Two lawyers from the firm, Lissa Casey and Bryan Boender, drove to the federal refuge in Harney County on Jan. 9 with a letter dated Jan. 8.

The letter delivered into Bundy's hands had, under the law firm's letterhead, "LAWYER ADVERTISING MATERIAL'' typed in bold, capital letters and underlined, according to the state bar.

The subject line of the letter read, "Re: Offer of Discussion re: Possible Pro Bono Legal Services.''

The attorneys wrote that they wanted to meet with Bundy to discuss whether they could assist him, on a pro bono basis, in finding a resolution to the ongoing refuge occupation.

"As Oregon lawyers, we cannot assist or advise you to engage in criminal or illegal conduct. Nonetheless, we are genuinely interested in attempting to resolve this situation and believe we are well qualified to listen to your concerns and help present them to the government,'' the letter said, according to the state bar.

Though a state bar rule prohibits lawyers from soliciting clients in person, by phone or through electronic contact when a significant motive is financial gain, the rule does not apply to written letters, the bar found.

"Hence, there is no sufficient basis to find that the Lawyers violated Rule 7.3 (a) by causing the Letter to be delivered to Bundy,'' Wood wrote.

The bar also considered a complaint that the Eugene-based lawyers may have advised Bundy or others about how to avoid criminal charges or illegal conduct during the refuge occupation.

Attorney Mike Arnold and his firm declined to provide the content of their legal advice, and the bar can't require that they do so, Wood said.

"It is not misconduct for a lawyer to advise a client whether conduct is legal; nor does a lawyer engage in misconduct by advising a client to refrain from conduct that might be considered illegal,'' Wood said.

Arnold and his ethics counsel, Peter Jarvis, had immediately dismissed the complaint when they learned of it.

"People may disagree with Ammon, what he did, or the cause he stands for, but no American should disagree that everyone has the right to due process,'' Arnold said, in a statement Tuesday. "Frivolous concerns like this one, distract from our ability to fight for due process.''

Other ethics complaints against Bundy's lawyers are still pending before the state bar.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian