Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Member Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo

Oregon State Bar Bulletin — JULY 2003

Discipline

Note: Nearly 12,000 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.

NAME WITHHELD
Dismissal
On April 10, 2003, the Oregon Supreme Court dismissed a disciplinary proceeding in which the bar had alleged misconduct by the accused lawyer in two separate legal matters. In the first matter, the bar alleged that the lawyer violated DR 7-101(A)(2), prohibiting the knowing advancement of an unwarranted claim, when he filed various claims and asserted certain defenses in state and federal court over a period of years to forestall the foreclosure of real property his clients had purchased on contract from the sellers . However, the court concluded that there was a basis under the law for the lawyer’s actions such that the bar did not prove by clear and convincing evidence that the actions were unwarranted.

In the second matter, the bar alleged that the lawyer violated DR 6-101(A) (prohibiting incompetent representation) and DR 6-101(B) (prohibiting neglect of a legal matter) when he represented a client in a domestic relations matter. A trial panel found violations of both rules. However, the court concluded that the lawyer’s preparation for the divorce trial was not incompetent, given the lack of complexity of the legal matter. The court also found that, when the lawyer’s representation was viewed as a whole, he did not neglect the client’s matter.

DOYLE L. SCHIFFMAN
OSB #64097
Roseburg
Form B resignation
Effective July 19, 2003, the Oregon Supreme Court accepted the Form B resignation of Roseburg lawyer Doyle L. Schiffman. At the time of resignation, the bar was investigating allegations that Schiffman had failed to timely file personal income tax returns for a number of years. Those allegations, if proven, may implicate DR 1-102(A)(2) of the Code of Professional Responsibility.

Schiffman was admitted to practice in 1964. Schiffman’s resignation recited that client files and records have been or will be placed in the custody of Roseburg lawyer Kenneth J. Dresser.

DAVID R. KLUGE
OSB #78435
Sheridan
Two-year suspension
On April 10, 2003, the Oregon Supreme Court issued an opinion suspending Sheridan lawyer David R. Kluge from the practice of law for two years. The suspension is to run consecutively with a three-year suspension imposed by the court in an earlier disciplinary case, In re Kluge, 332 Or 251, 27 P3d 102 (2001).

Kluge worked both as general manager and legal counsel for a corporate employer. Another employee who had left the company filed employment discrimination litigation against the employer, alleging that Kluge’s action as the employee’s direct supervisor violated state and federal law. Kluge undertook to represent the employer in that litigation. The supreme court determined that Kluge violated DR 5-101(A) (self-interest conflict) and DR 5-102(C) (prohibition on attorney as a witness) when he represented the corporate employer in litigation in which Kluge’s own conduct was at issue.

The court also found that Kluge engaged in misrepresentation in violation of DR 1-102(A)(3) when he presented to one judge a motion to disqualify another judge without informing the motions judge that the judge to be disqualified had already made a substantive ruling in the case. Kluge also failed to inform the disqualified judge or opposing counsel of the motion, a second violation of DR 1-102(A)(3) because he knowingly elected to disregard the rules requiring service on these persons. This same conduct was found to be an improper ex parte contact in violation of DR 7-110(B) and conduct prejudicial to the administration of justice in violation of DR 1-102(A)(4).

Finally, the court found that Kluge failed to cooperate with the bar’s investigation of his conduct in violation of DR 1-103(C).

ROBERT A. GRAHAM
OSB #98239
Grants Pass
Public reprimand
On May 19, 2003, the disciplinary board approved a stipulation for discipline in which Grants Pass attorney Robert Graham was reprimanded for violating DR 9-101(C)(2) (failure to safeguard client property) and DR 9-101(C)(4) (failure to promptly deliver client property).

Graham represented a husband and wife in their civil dispute with a contractor over workmanship concerns related to their custom home. It was agreed that the clients would provide assistance in gathering documents, to attempt to minimize the costs of litigation. The clients gathered the documents Graham requested. However, Graham misplaced or lost at least a portion of these documents.

In addition, Graham failed to provide the clients with a copy of their respective deposition testimonies at any time prior to the scheduled arbitration hearing. One of the depositions was misfiled by Graham and could not be located in his office. Graham was able to obtain that deposition transcript from opposing counsel immediately before the arbitration hearing, but without sufficient time for his clients to review it. Graham was unable to produce the other deposition transcript, despite requests from his clients and the bar.

The stipulation recited that Graham was admonished in 2002 for failing to promptly deliver client property and had substantial experience in the practice of law, having been admitted in California in 1977 and in Oregon in 1998. Graham did not act with a dishonest or selfish motive and fully cooperated in the investigation of his conduct.


— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Juror Handbook

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Member Application
  • For Members

    OSB Login

    • Log In To OSB Site
    • Member Account Setup
    • Non-Member Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Fastcase™

    • Log in to Fastcase
    • Overview
    • Scheduled Webinars
    • Inactive Member Subscriptions

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooks
    • BarBooks FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration Forms
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Member Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Licensed Paralegal Program

    • LP Home

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ

    Membership Fees

    • Member Fee FAQ
    • Member Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability Fund Website
For The Public

Public Information Home
Legal Information Topics
Juror Handbook
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Members

BarBooks™
Bulletin Archive
Career Center
Fastcase™
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Member Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Member Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use