| Oregon State Bar Bulletin — FEBRUARY 2010 |
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Bar Actions
Note: More than 14,000 persons are eligible to practice law in Oregon. Some of them share the same name or similar names. All discipline reports should be read carefully for names, addresses and bar numbers.
R. SANDE TOMLINSON
OSB #722680
Eugene
Public reprimand
On Nov. 19, 2009, the disciplinary board approved a stipulation for discipline reprimanding Eugene attorney R. Sande Tomlinson for violations of former DR 5-101(A)(1) (conflict of interest, lawyer self-interest).
Tomlinson represented a client and certain of the client’s business entities on a variety of legal issues for several years. In 2002, Tomlinson entered into an agreement to purchase a townhouse the client was constructing. Disputes arose about the amount Tomlinson was required to pay for extras he ordered for the project. Tomlinson continued to represent the client concerning matters unrelated to the purchase of the townhouse when his own personal, business, property or financial interests reasonably could have affected his professional judgment on the client’s behalf. Tomlinson did not make full written disclosures within the meaning of former DR 10-101(B) in connection with the transactions and disputes and violated DR 5-101(A).
Tomlinson eventually withdrew from representing the client and his business entities. Thereafter, the client and Tomlinson resolved the dispute over the payment amount for the extras for the townhouse construction project, and at the client’s request Tomlinson agreed to complete certain estate planning work for the client. During this time, disputes arose between the client and Tomlinson and other purchasers of the townhouses concerning alleged construction defects. Even though Tomlinson knew of the disputes and was increasingly dissatisfied with the quality of the construction and related problems, he continued to represent the client when his own personal, business, property or financial interests reasonably could have affected his professional judgment on the client’s behalf. Tomlinson did not make full written disclosures within the meaning of former DR 10-101(B) and thereby violated DR 5-101(A).
Tomlinson was admitted to practice in 1972. He had no prior record of discipline.
PHILIP R. BENNETT
OSB #841687
Portland
120-day suspension
On Dec. 13, 2009, the disciplinary board approved a stipulation for discipline, effective immediately, suspending Portland lawyer Philip R. Bennett from the practice of law for 120 days for violating RPC 8.1(a)(2) (failure to cooperate in a bar investigation), and RPC 8.1(c) (failure to comply with the terms of a remedial program). In addition, Bennett will have to apply for formal reinstatement, as provided by Bar Rule 8.1.
In June 2008, Bennett signed a remedial program agreement with the State Lawyers Assistance Committee in which he was required to engage in a variety of activities. Beginning in August 2008, Bennett failed to comply with the terms of the remedial program in a number of respects.
Bennett also failed to respond to the bar’s inquiries about his conduct.
ALLEN BARTELD
OSB #972124
Hood River
Public reprimand
On Dec. 16, 2009, the disciplinary board approved a stipulation for discipline publicly reprimanding Hood River attorney Allen Barteld for violations of RPC 1.15-2(m) (failure to file IOLTA certificate of compliance form) and RPC 8.1(a)(2) (failure to respond to bar investigators).
Barteld failed to file the 2009 IOLTA certification of compliance form by Jan. 31, 2009. In February 2009, the Oregon Law Foundation sent Barteld a reminder, but he did not respond. In April 2009, the bar’s disciplinary counsel’s office sent Barteld a “last chance” notice to submit the IOLTA form before disciplinary counsel opened an investigation. Barteld did not respond, and a disciplinary investigation file was opened.
Over the next few months, the bar sent Barteld two letters and called him once asking him to explain his non-compliance. Barteld’s telephone number had been disconnected and he failed to respond to the bar’s written inquiries. After the State Professional Responsibility Board authorized the above-described charges against Barteld in September 2009, he filed his IOLTA certification of compliance form. He had no prior disciplinary record.
JAY R. JACKSON
OSB #761836
Lebanon
120-day suspension
On Dec. 24, 2009, the Oregon Supreme Court issued an opinion suspending Lebanon lawyer Jay R. Jackson for 120 days, effective Feb. 22, 2010, for violating RPC 1.3 (neglecting a legal matter), RPC 3.3(a)(1) (knowingly make a false statement of fact or law to a tribunal), RPC 8.4(a)(3) (conduct involving misrepresentation) and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice).
Jackson undertook to represent a client in a dissolution of marriage proceeding. Thereafter, Jackson failed to pursue the matter. Among other things, Jackson failed to prepare for a settlement conference he had requested, and repeatedly failed to respond to inquiries from a court-appointed arbitrator. At a final resolution conference, Jackson made representations to the court that he had not pursued the client’s legal matter because of multiple burglaries at his law office. At the time Jackson made those representations, he knew that they were false.
In determining the appropriate sanction, the court took into account Jackson’s prior disciplinary history for similar misconduct.
ARTHUR P. KLOSTERMAN
OSB #860581
Salem
9-month suspension
Effective Dec. 28, 2009, the disciplinary board suspended Salem lawyer Arthur Klosterman for nine months for violating: RPC 1.15-2(m) (failure to comply with IOLTA compliance certification); RPC 3.4(c) (knowingly disobey an obligation under the rules of a tribunal); RPC 8.1(a)(2) (failure to comply with inquiries from a disciplinary authority); and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice).
In April 2008, after Klosterman failed to return his annual IOLTA compliance report by the Jan. 31st deadline, the bar sent correspondence by e-mail and regular mail reminding him of the need to submit his report. Klosterman did not respond or return his report.
Between July and Oct. 2008, Klosterman did not respond to voicemail and written requests from the bar’s disciplinary counsel’s office that he file his report or explain why he had failed to do so. Subsequently, Klosterman also failed to respond to the numerous attempts by the local professional responsibility committee (LPRC) to reach him by telephone, e-mail and through in-person visits to Klosterman’s office. Klosterman also did not subsequently comply with a subpoena issued by the LPRC investigator for Klosterman to appear and produce documents relevant to his compliance with the IOLTA account rules.
In Dec. 2008, the LPRC investigator had Klosterman personally served with a court order that required Klosterman to appear within 30 days and show cause why he should not be found in contempt of court for failing to comply with the LPRC subpoena. Klosterman did not appear pursuant to the court order. As a result, Klosterman was found in contempt of court in March 2009.
In suspending Klosterman for nine months, the trial panel found that Klosterman’s misconduct was aggravated by his substantial experience in the practice of law, as well as by two instances of prior discipline, the most recent of which also involved his failure to respond to the bar.
The following have applied for admission under the reciprocity, house counsel or law teacher rules. The Board of Bar Examiners requests that members examine this list and bring to the board’s attention in a signed letter any information that might influence the board in considering the moral character of any applicant for admission. Send correspondence to Admissions Director, Oregon State Board of Bar Examiners, P.O. Box 231935, Tigard, OR 97281.
Reciprocity: Gregory Marshall Adams, Paul Bruce Barton, Gregory Scott Blair, Jonathan Mark Block, Thomas James Braun, Scott M. Clark, Ankur Hasmukh Doshi, Jenny Hsu Dubow, Gina Campbell Emanuel, Margaret Ayla Ercin, Stephen Andrew Grace, Jessie Lee Harris, James Damon Hicks, Shaun Ivon Huppert, Caryn Geraghty Jorgensen, Matthew Bryan Kane, Mai Tuyet Lam, Thomas Lether, Jamie Brian Mathey, Anna Marie McFaul, Genevieve Gebheim McLeod, Mark Thomas McLeod, Gregory Brian Mouroux, William Albert Pelandini, Marty Matthew Raap, Jennifer Ann Roemer, Steven Mark Siegel, Michael Eric Skindrud, Daniel Bates Smith, Kathryn Elaine Smith, Morgan Elizabeth Smith, Richard Dale Smith, Roy Vernon Williams and Gordon Kurt Wright.
House Counsel: Steven Gene Austin.
Rule 8.10: Gracielle de Jesus Kroenke.
Notice of Reinstatement Application
The following attorneys have filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1:
Dennis L. Dunn of Salem, #861835. Dennis Dunn is seeking reinstatement following a one-year disciplinary suspension effective Nov. 30, 2006. In re Dunn, SC S54154, 20 DB Rptr 255 (2006). Since his 2006 suspension, Dunn has sold insurance annuities, worked as a paralegal and written two musical plays. Upon reinstatement, he plans to reopen a law office in Salem.
Richard Fairclo of Hawaii, #751144. Richard Fairclo transferred to inactive status in 2004 when he sold his Klamath Falls law practice and moved to Hawaii. While inactive, Fairclo has worked as a contract paralegal for Oregon and Hawaii lawyers. He plans to resume a Klamath Falls law practice after his reinstatement.
Patrick T. Hughes of Eugene, #990614. Patrick Hughes seeks reinstatement following a 120-day disciplinary suspension effective Nov. 12, 2008. In re Hughes, 22 DB Rptr 313 (2008). He has been employed as the human resources administrator for the Eugene School District since December 2007. Following reinstatement, Hughes plans to remain in that position, in addition to pursuing contract legal work in the area of estate planning.
Terry M. Rood of Tigard, #823283. Terry Rood transferred to inactive status in 1988 to pursue a graduate degree in counseling and stay home with her family. Since 2008, she has worked as a contract legal assistant. After reinstatement to active membership status, Rood plans to open a solo law practice in Portland.
Michael A. Schoessler of Portland, #964208. Michael Schoessler transferred to inactive status in 1999, the year he was admitted to the Minnesota Bar. Since 1997, he has worked for the U.S. Department of the Interior, Office of the Solicitor, in Minnesota, New Mexico and currently in the Portland office. Schoessler plans to remain in that position after his reinstatement.
The Rules of Procedure require the Board of Governors to conduct an investigation of BR 8.1 reinstatement applications to determine whether applicants possess the good moral character and general fitness to practice law and whether the resumption of the practice of law in this state by the applicants will not be detrimental to the administration of justice or the public interest. Any person with information relevant to these applications is asked to contact promptly the OSB Regulatory Services Division, P.O. Box 231935, Tigard, OR 97281; phone: (503) 620-0222, or toll-free in Oregon, (800) 452-8260), ext. 343.
Applicants for February 2010 bar
exam
The following is a list of applicants for the February 2010 Oregon bar examination. Applicants for admission to practice law in Oregon must demonstrate that they are qualified on moral character and fitness grounds. To aid the Board of Bar Examiners in its investigation of these qualifications, the following is a list of applicants who have submitted applications for the February 2010 bar exam. The board requests that members examine this list and bring to the board’s attention in a signed letter any information that might influence the board in considering the moral character of any applicant for admission. Send correspondence to Jon Benson, Executive Director, Oregon State Board of Bar Examiners, 16037 SW Upper Boones Ferry Rd, PO Box 231935 , Tigard , OR 97281-1935.
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