Note: More than 12,550 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.
MAGAR E. MAGAR
OSB #76232
Portland
1-year suspension
On Nov. 4, 2004, the Oregon Supreme Court issued an
opinion finding that Magar E. Magar violated: ORS 9.160
(holding himself out as an attorney when he was not
authorized to do so); DR 1-102(A)(3) (dishonesty, deceit
or misrepresentation); DR 2-101(A)(1) (making a false
or misleading communication about himself); DR 7-102(A)(5)
(making a false statement of fact) and DR 7-106(A)(7)
(intentionally violating an established rule of procedure).
Magar intentionally did not appear at the disciplinary
hearing. As a result, the trial panel deemed the allegations
of the bar’s complaint to be true. The court
affirmed and suspended Magar for one (1) year, effective
Jan. 3, 2005.
After Magar transferred to inactive membership status
in 2000, he prepared and filed various pleadings in
cases in which he was a party and delivered correspondence
to opposing counsel and the court in which he represented
that he was an “attorney at law.” He also
issued and caused subpoenas to be served for a witness
to appear and produce documents at a deposition, an
act reserved for active members of the bar. Magar did
not advise or disclose to the court, opposing counsel
or the witness that he was an inactive member.
In the same case, Magar also falsely represented the
qualifications of a handyman whom he employed in an
attempt to avoid county building rules that required
him to obtain permits and that plumbing and electrical
work be done by licensed professionals.
Magar also falsely represented that he was a notary
public and administered the oath to a witness during
a deposition in which he was a party. Magar did not
disclose to the witness’s counsel or to opposing
counsel that he was not a notary public or that his
application submitted years earlier had been rejected.
Magar was admitted to practice in Oregon in 1976. He
had a prior record of discipline. At the time of Magar’s
suspension, he was an inactive member of the bar. In
the event Magar decides to apply for reinstatement
to active membership status, the requirements of BR
8.1(a)(iv) will apply.
SONA JEAN JOINER
OSB #84013
Portland
Public reprimand
On Dec. 22, 2004, the disciplinary board approved a
stipulation for discipline reprimanding Portland lawyer
Sona Jean Joiner for violation of DR 9-101(A) (duty
to maintain unearned client funds in trust).
Joiner entered into a modified contingent fee agreement
with her client. Under the terms of the agreement,
the client was required to provide $2,000 upon hiring
Joiner, and Joiner was required to represent the client
in the matter to its conclusion unless terminated.
The agreement also provided that Joiner was entitled
to receive as a contingent fee a one-third share of
any recovery eventually made on the client’s
behalf and that the client’s $2,000 payment would
be credited toward Joiner’s contingent fee. The
$2,000 payment was characterized in the agreement as
a retainer and the agreement provided that the retainer
was not refundable in the event that the attorney-client
relationship was terminated. Joiner, negligently believing
that the retainer constituted a non-refundable flat
fee earned upon receipt, deposited the retainer directly
into her general business account before earning the
entire amount of the retainer.
In arriving at a sanction, the stipulation also noted
that Joiner’s client suffered little or no injury
since Joiner was eventually entitled to collect the
entire amount of the retainer. The stipulation also
noted that, although Joiner was previously subjected
to bar discipline, the prior misconduct was remote
in time and dissimilar to the present misconduct.
KEITH A. MILLER
OSB #92097
Sweet Home
Form B resignation
Effective Jan. 1, 2005, the Oregon Supreme Court has
accepted the Form B resignation of Sweet Home lawyer
Keith A. Miller. At the time of resignation, the bar
was investigating Miller’s conduct in three matters.
In one matter it was alleged that Miller charged a
clearly illegal or excessive fee in his representation
of a client in a claim for veterans’ benefits.
In another matter it was alleged that Miller neglected
a client’s Social Security matter. In the third
matter it was alleged that Miller failed to comply
with a court order.
Miller was admitted to practice in 1992. Miller’s
resignation recites that client files and records have
been or will be placed in custody of John R. Wittwer.
BRIAN J. DOBIE
OSB #90249
Lake Oswego
Public reprimand
On Jan. 3, 2005, the disciplinary board approved a
stipulation for discipline publicly reprimanding Lake
Oswego attorney Brian J. Dobie for violations of DR
9-101(C)(3) (duty to maintain complete financial records
and render appropriate accounts of client funds) and
DR 9-101(C)(4) (duty to return client property promptly
upon receipt).
Dobie represented a client between 1992 and late 2000.
During the course of the representation, he received
money from the client in connection with a trust he
had established on her behalf, and he made expenditures
of the money in accordance with the client’s
instructions and the stated purposes of the trust.
When the representation terminated, the client hired
new counsel who asked Dobie for a full accounting and
also asked him to forward accounting records and other
parts of the client’s files to him.
Dobie had failed to maintain and preserve for a period
of at least five years after the representation concluded
adequate financial records concerning the client’s
matter. He was thus unable to provide successor counsel
with an accounting or with the client’s complete
financial records.
Dobie was admitted to practice in 1990. He was previously
disciplined in 1998. See In re Dobie, 12 DB Rptr. 19
(1998) (30-day suspension stayed pending completion
of probation.)
ROBERT G. KLAHN
OSB #80068
Pendleton
Public reprimand
Effective Jan. 5, 2005, the disciplinary board approved
a stipulation for discipline reprimanding Pendleton
attorney Robert G. Klahn for violating DR 9-101(A)
(deposit and maintain client funds in trust) and DR
9-101(C)(3) (maintain accurate records of client funds).
In May 2004, the bar received a notice of insufficient
funds involving a trust account maintained by Klahn.
Upon being advised of the notice of overdraft, Klahn
conducted a review of his trust account records and
identified several errors involving the handling and
recordkeeping of client funds. The errors included:
duplicate deposit entries in the firm’s accounting
ledger; entering deposits in the firm’s accounting
ledgers for retainers that had been received but not
timely deposited; and a failure to record a check drawn
from the trust account. As Klahn had not reconciled
his accounting records with his trust account bank
statements for many years, the errors went undetected
and resulted in the inadvertent mishandling of client
funds.
Klahn was admitted to practice in 1980.
JON S. HENRICKSEN
OSB #73135
Gladstone
60-day suspension
On Jan. 10, 2005, the disciplinary board approved a
stipulation for discipline, effective on Feb. 9, 2005,
suspending Gladstone lawyer Jon S. Henricksen for 60
days for violating DR 1-102(A)(3) (conduct involving
dishonesty, fraud, deceit or misrepresentation), DR
9-101(A) (failure to deposit and maintain client funds
in trust), DR 9-101(C)(3) (failure to provide client
with an accounting) and DR 9-101(C)(4) (failure to
promptly return client property).
In one matter Henricksen was retained to represent
a client in a criminal matter. Pursuant to an oral
fee agreement, the client paid Henricksen funds which
Henricksen deposited into his lawyer trust account.
Immediately thereafter Henricksen withdrew half of
those funds believing he had earned them, when there
was no written agreement stating that the funds were
non-refundable and earned upon receipt.
In that same matter, Henricksen accounted to the client
for the use of some of the funds he initially received
from the client, but failed to provide subsequent accountings
for the remaining funds, and for other funds he received
from refunds of the client’s bail money. Henricksen
also delayed delivering the client’s file materials
to the client’s agents for seven months after
the materials were first requested.
In another matter, Henricksen endorsed his former wife’s
name on the back of check made payable to both of them.
At the time, Henricksen knew that he did not have authority
to endorse her name.
B. RUPERT KOBLEGARDE
OSB #70079
Portland
Public reprimand
On Jan. 19, 2005, the disciplinary board approved a
stipulation for discipline reprimanding Portland lawyer
B. Rupert Koblegarde for violating DR 5-105(E) (current
client conflict of interest).
Koblegarde represented a client in an estate planning
matter. In connection with that matter, the client
executed a revocable living trust, a power of attorney,
a pour over will, and a warranty deed prepared by Koblegarde.
On the same day that those documents were executed
by the client, Koblegarde undertook to represent the
client’s daughter in a proceeding to appoint
a guardian and conservator for the client. With regard
to the guardianship and conservatorship matter, the
interests of the client and her daughter were adverse.
To the extent disclosure and consent was available
to cure the conflict of interest, Koblegarde undertook
to represent the daughter in the guardianship and conservatorship
matter without obtaining consent that complied with
the full disclosure requirements of DR 10-101(B) from
both the client and her daughter.
BEVERLY LONG PENZ
OSB #84320
La Grande
Form B resignation
Effective Jan. 25, 2005, the Oregon Supreme Court accepted
the form B resignation of Beverly Long Penz. At the
time of the resignation, a formal disciplinary proceeding
was pending against her alleging violation of: DR 1-103(C)
(failure to cooperate); DR 2-110(A)(1),(2) (improper
withdrawal); DR 2-110(B)(2) (failure to withdraw);
DR 6-101(B) (neglect of a legal matter) and DR 9-101(C)(4)
(failure to promptly deliver client property). The
bar was also investigating other complaints that had
been filed concerning Penz’s conduct.
Penz was admitted to practice in Oregon in 1984. She
had a prior record of discipline.