| Oregon State Bar Bulletin — FEBRUARY/MARCH 2011 |
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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.
LYNN M. MURPHY
OSB #980832
Portland
120-day suspension
On Dec. 9, 2010, the Oregon Supreme Court issued an opinion suspending Portland lawyer Lynn Murphy for 120 days, effective Feb. 7, 2011, for violating RPC 1.3 (neglecting a legal matter), RPC 1.4(a) (failing to communicate) and RPC 8.1(a)(2) (knowingly failing to respond in a bar investigation).
In one matter, in June 2007, Murphy undertook to represent a client and his family members in a pending lawsuit. Beginning in December 2007, Murphy failed to pursue the matter such that it was dismissed by the trial court and failed to adequately communicate with her client regarding the status of the matter, despite multiple inquiries from the client. When the client complained to the bar, Murphy knowingly failed to respond to multiple inquiries from the bar.
In two other matters, Murphy knowingly failed to respond to multiple inquiries from the bar regarding her conduct.
The court found that the sanction imposed by the trial panel, a suspension of 120 days, was a permissible one and adopted it.
KEITH G. JORDAN
OSB #030065
Portland
2-year suspension
Effective Oct. 21, 2010, the Oregon Supreme Court suspended Keith Jordan for two years on a reciprocal basis. The underlying California discipline, effective Feb. 13, 2010, was for misconduct committed between 2003 and 2007, in nine separate immigration matters. Although the California Supreme Court imposed a three-year suspension, the suspension was stayed subject to Jordan’s serving a two-year actual suspension and paying restitution of $14,650 (plus interest) to four former clients. In accepting this discipline, Jordan stipulated that he had failed to: counsel his clients, properly supervise a nonlawyer assistant, properly perform services as an attorney, appear at hearings, properly withdraw from his clients’ representations, refund unearned retainers and return original paperwork. This misconduct violated California rules equivalent to the following Oregon rules of professional conduct: DR 6-101(B) (neglect, pre-2005); RPC 1.3 (neglect, post-2005); RPC 1.16(d) (withdrawal without taking steps to avoid prejudice to client); RPC 1.4(a) (failure to respond to client inquiry); RPC 1.5(a) (excessive fee); RPC 1.15-1(d) (duty to return client property); and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice).
An aggravating factor considered by both the California and Oregon Supreme Courts was Jordan’s previous discipline in California and reciprocal discipline in Oregon in 2007. That discipline (a nine-month actual suspension in both states) was imposed for misconduct similar to the conduct involved in the present case.
SUSAN FORD BURNS
OSB #912258
Portland
One-year suspension
Effective Dec. 7, 2010, a trial panel of the disciplinary board suspended Portland lawyer Susan Ford Burns for one year for violations of: RPC 1.3 (neglect of a legal matter); RPC 1.4(a) (failure to communicate with client); RPC 1.5(a)/DR 2-106(A) (excessive fees); RPC 1.7(a) (current client conflict of interest); RPC 1.15-1(c)/DR 9-101(C)(3) (failure to maintain client funds in a trust account); RPC 1.15-1(d) (failure to promptly account for and deliver property of another); RPC 1.15-1(e) (failure to maintain disputed funds in trust); RPC 1.16(d) (failure to take reasonable steps to protect client upon termination of employment); RPC 8.1(a)(2) (failure to respond to disciplinary inquiries); and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice).
Burns was charged with ethics violations in six client matters. In one matter, Burns received a retainer that she did not properly account for and her office thereafter pursued the client for a period of several years for funds he did not owe. In another matter, Burns undertook to represent a client regarding the estate of his father. She thereafter failed to either respond to the client’s requests for information or, after she was fired, promptly refund the unearned portion of the retainer. In three probate matters in which Burns represented the personal representative, she was found to have committed violations such as: charging twice for costs or fees, even after the double charges were pointed out to her; collecting fees without prior court approval; failing to promptly account for and deliver the funds of another; and failing to take reasonable steps to protect her clients upon the termination of her employment. In a fourth probate matter, Burns failed to respond to court notices regarding the need to file an additional bond and she was eventually cited for contempt. In many of the matters, Burns also failed to respond to disciplinary inquiries. Although she eventually made some response to the bar in most matters, she did so only after a long period of delay.
Burns was publicly reprimanded in 2008 for violations of RPC 1.3, RPC 1.4(a) and RPC 1.16(d) in a single client matter.
SHANNON K. CONNALL
OSB #975382
Portland
Form B resignation
Effective Dec. 23, 2010, the Oregon Supreme Court accepted the Form B resignation of Portland attorney Shannon Connall. At the time of her resignation, Connall was involved in formal proceedings brought by the bar alleging that she violated RPC 1.15-1(a), (c) & (d) and other trust account rules in multiple respects, such as by failing to deposit client funds into trust and subsequently failing to account for them. The formal complaint also alleged that Connall engaged in dishonest conduct (RPC 8.4(a)(3)) by improperly withdrawing a client’s retirement funds from her firm’s lawyer trust account and using them for personal and business expenses. Finally, the complaint alleged that Connall made false or misleading representations to the bar and submitted false documents during the bar’s investigation, in violation of RPC 8.1(a)(1) and RPC 8.4(a)(3).
Also at the time of Connall’s resignation, the bar was investigating four complaints by former clients alleging concerns including neglect (RPC 1.3), failures to adequately communicate with clients (RPC 1.4), excessive fees (RPC 1.5(a)), failures to return monies in trust (RPC 1.15-1(d)) and possible improper transfers of client funds from trust (RPC 8.4(a)(3)).
Connall’s resignation recited that all client files have or will be transferred to attorney Des Connall.
THEODORE C. CORAN
OSB #822260
Salem
Public reprimand
Effective Dec. 7, 2010, the disciplinary board approved a stipulation for discipline publicly reprimanding Salem lawyer Theodore C. Coran, for violations of RPC 1.5(c)(2) (prohibiting contingent fee in a criminal case), RPC 1.15-1(a) (duty to keep client property separate) and RPC 1.15-1(c) (duty to maintain client funds in a trust account).
Pursuant to a written agreement drafted by the client, Coran represented for a flat fee a client appealing criminal convictions. Coran collected the flat fee prior to completing the representation for which it was paid and did not deposit it into a trust account, without any provision in the fee agreement that provided he could do so. At the time Coran collected the flat fee, although he had not completed the representation, he had filed the opening brief and Coran subsequently completed the representation. While the representation was ongoing, Coran also accepted the client’s offer to pay a bonus for every month the client’s sentence was reduced on appeal. In the end, Coran did not collect any bonus.
The stipulation noted that, although Coran had a prior disciplinary history, it involved dissimilar conduct and was not recent. The stipulation also noted that Coran had cooperated in the bar’s investigation and that several members of the legal community attested to Coran’s good character and reputation.
GINO G. PIERETTI
OSB #580757
Portland
Public reprimand
On December 9, 2010, the disciplinary board approved a stipulation for discipline publicly reprimanding Portland attorney Gino Pieretti for violations of RPC 1.3 (neglect) and RPC 1.4(a) (failing to adequately communicate with clients).
Pieretti was retained in September 2001 to represent a client in an action against the city of Portland. Pieretti and the city’s attorney agreed to remove the case from the trial docket and submit it to binding arbitration; they thereafter conducted discovery and made some efforts to find an arbitrator. After February 2002, however, the case “fell off (Pieretti’s) radar screen” and in June 2005, the court dismissed the case. Pieretti was unaware of the dismissal until the client contacted him in 2009 to request his assistance on another matter.
During the seven year period between 2002 and 2009, the client claims to have asked Pieretti several times about the status of the case, without receiving any response. Pieretti denies that he knowingly failed to respond to any inquiries.
The client suffered actual injury in that his case was dismissed for lack of prosecution. Pieretti had a record of prior discipline consisting of a public reprimand in 1994; however, mitigating circumstances included personal and family health issues, an absence of dishonest or selfish motive and a cooperative attitude toward disciplinary proceedings.
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: Charles Edward Albertson, Robert Walter Anderson, Joel Christopher Benton, Andrea Holburn Bernarding, Jeffrey Bert Brown, Jennifer Lynn Campbell, Melissa D Carter, Steven Travis Densley, Robert Jon Elders, Carl Edward Forsberg, John Lehr Green, Brent Davidson Harris, Daniel Kalish, Reha Kamas, Daniel Gregory Lloyd, Kevin Duane McHargue, Suzanne Margaret McVicker, Jesse Daniel Miller, Matthew John Philbrook, Mark Michael Rabuano, Stephanie Maria Ries and Mark Bradley Tuvim.
Rule 8.10: Rachel Hannah Leonard.
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:
F. Michael Banks of Portland, #932065. F. Michael Banks seeks reinstatement from a seven-month disciplinary suspension from 2007. In re Banks, 21 DB Rptr 193 (2007). Banks filed a reinstatement application in 2008, but it was not approved. Since his suspension, he has been a loan officer and, most recently, a law clerk and paralegal at a Portland law firm.
Mark J. Dobson of Tigard, #842084. Mark Dobson transferred to inactive status in December 1989. Since then, he has owned and operated a Newport restaurant and, since 1998, has been a semiconductor technician for Maxim Integrated Products in Beaverton. He intends to open a small law practice focusing on wills and trusts.
Heath E. Kula of Portland, #023567. Heath Kula transferred to inactive status in December 2005 and then to active pro bono status in January 2007. He has been a Portland Police Officer since May 2005, and plans to stay with the Police Bureau after reinstatement.
William A. Nootenboom of Portland, #961952. William Nootenboom seeks reinstatement after transferring to inactive status in 2002. Since then, he has been involved in commercial and residential real estate development, consulting and business development. Most recently, Nootenboom has been a partner in a consulting firm (The Meriwether Group) that advises clients on strategic business planning.
Michael M. Pacheco of Salem, #910851. Michael Pacheco has applied for reinstatement from a four-year disciplinary suspension pursuant to a stipulation for discipline that became effective in December 2006. In re Pacheco, S Ct S054311 (2006). The suspension was based on Pacheco’s criminal convictions in Marion County Circuit Court that same year. He has been working as a legal assistant for a Salem law firm.
Michael J. Uda of Helena, Montana, #914525. Michael Uda transferred to inactive status in 1996, after moving to Montana to practice law. He is a partner with the Helena firm of Doney Crowley Bloomquist Payne and Uda. He seeks reinstatement in order to handle Oregon matters in his practice.
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 2011 bar exam
The following have applied to sit for the February 2011 Oregon bar examination. 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, 16037 SW Upper Boones Ferry Rd., PO Box 231935, Tigard, OR 97281-1935.
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