| Oregon State Bar Bulletin — JANUARY 2009 |
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Bar Actions
Note: More than 13,000 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.
GLENN C. BROWN
OSB #912201
Sisters
Form B resignation
Effective Dec. 24, 2008, the Oregon Supreme Court accepted the Form B resignation of former Bend lawyer Glenn C. Brown. At the time of the resignation, formal disciplinary proceedings involving 16 complaints were pending against Brown for alleged violations of various disciplinary rules, including: RPC 1.3 (neglect); RPC 1.4(a) (failure to keep clients reasonably informed, failure to promptly comply with reasonable requests for information); RPC 1.4(b) (failure to explain matters to the extent reasonably necessary to permit clients to make informed decisions); RPC 1.15-1(a), (c) (failure to deposit and maintain clients’ funds in trust); RPC 1.15-1(d) (failure to account for clients’ funds); RPC 1.15-1(d) (failure to promptly deliver funds and other property clients are entitled to receive); RPC 1.16(a)(1) (failure to withdraw); RPC 1.16(d) (failure to comply with obligations on termination of representation); RPC 8.4(a)(3) (dishonesty and misrepresentation) and RPC 8.1(a)(2) (failure to respond to lawful requests of disciplinary authority).
Brown was admitted to practice in Oregon in 1991. He had no prior record of discipline. In June 2008, the supreme court granted the bar’s petition to suspend Brown during the pendency of the disciplinary proceedings pursuant to BR 3.1. He also has been suspended since April 2008 for reasons unrelated to the disciplinary proceedings. Brown has turned his files over to Beaverton attorney Kathryn M. Pratt.
KATHRYN H. CLARKE
OSB #791890
Portland
60-day suspension
Effective Dec. 13, 2008, Portland lawyer Kathryn H. Clarke was suspended for 60 days for violation of DR 1-102(A)(3) (misrepresentation); DR 2-110(B)(2) and RPC 1.16(a)(1) (failure to withdraw from employment); DR 7-101(A)(2) (intentional failure to carry out a contract of employment); DR 9-101(C)(3) (failure to prepare and maintain complete records of client funds or to render appropriate accounts regarding them) and RPC 1.7(a)(2) (lawyer self-interest conflict). Clarke stipulated that her conduct violated these rules.
In 2003, a client retained Clarke to handle an appeal of an employment claim before the Oregon Court of Appeals. The client paid a retainer to Clarke. Clarke failed to prepare and maintain complete records concerning the client’s funds and failed to render appropriate accounts for them. Clarke obtained numerous extensions of time to file the opening brief, but never filed it; and in 2004, the court dismissed the appeal. Clarke failed to notify the client that his appeal had been dismissed. In 2005, the client discovered that his case had been dismissed. Without obtaining the client’s informed consent, confirmed in writing, Clarke agreed to reevaluate the merits of the appeal at a time when her potential liability to the client resulting from her inaction on his appeal had affected and reasonably would continue to affect her judgment on his behalf.
Clarke was admitted to practice in Oregon in 1979. She had no prior record of discipline.
PATRICK T. HUGHES
OSB #990614
Eugene
120-day suspension
Effective Nov. 12, 2008, the disciplinary board approved a stipulation for discipline suspending Patrick Hughes for 120 days for violations of RPC 1.3 (neglect) and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice) in his handling of two probate estates.
In one matter, Hughes was the personal representative and the attorney for the estate. Hughes did not file the annual accounting for the estate, despite three court notices and a voicemail message instructing him that the accounting was overdue.
Hughes was also the attorney for a second estate, which had been initiated in 2004 to potentially pursue a wrongful death claim. Hughes determined that the personal injury action was without merit and withdrew from that litigation. However, Hughes did not thereafter close that estate, even after the personal injury action was formally dismissed in May 2005.
Following notices and at least one voicemail message to Hughes without response, the court held status conferences regarding both estates in March 2007. Hughes did not appear, having closed his practice in November 2006, and having began a 60-day disciplinary suspension on unrelated matters in early March 2007. Hughes also failed to appear for a second hearing in one of the estates that occurred during the period of his suspension.
Hughes did not give the court written notice of his change of address; notify the probate court of the need to postpone matters related to the estates; notify the court that he would not or could not appear; or withdraw as attorney of record for either estate.
In July 2007, Hughes was reinstated to active bar membership. No substitution of attorney was filed in the first estate until mid-August 2007, and Hughes did not move to dismiss the second estate until October 2007.
The stipulation recited that Hughes’ sanction was aggravated by his prior discipline, multiple offenses and a pattern of misconduct. Mitigating factors included the absence of any dishonest or selfish motive and the fact that Hughes was experiencing personal problems at the time of some of the misconduct, due to coping with his minor daughter’s medical issues.
WILLIAM N. LATER
OSB #892835
Portland
Public reprimand
On Dec. 28, 2008, the disciplinary board approved a stipulation for discipline reprimanding Portland attorney William N. Later for violation of RPC 1.1 (failure to provide competent representation) and RPC 1.4(a), (failure to communicate).
A client retained Later to pursue claims against his former employer and union. Later filed a lawsuit against them, which was settled. Subsequently, the client again retained Later to pursue the same and related claims. Later filed a second lawsuit against the same defendants. Later admitted that he failed to adequately investigate, review and evaluate the client’s alleged claims; failed to adequately understand applicable workers’ compensation and employment law; failed to consult or associate experienced counsel for review of and advice regarding the client’s alleged claims; asserted claims in the second lawsuit that had been released in the settlement agreement involving the first lawsuit; failed to keep the client reasonably informed about the status of the court actions; and failed to timely respond to opposing counsel’s communications.
Later was admitted to practice in 1989. He had no prior record of discipline.
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: James Timothy Parker, Clinton Lynn Todd and Bruce Alan Winchell.
House Counsel: Roberta Jo Major.
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:
Jeffrey Cancilla, #920135. Currently a sole practitioner in Westminster, Calif., Cancilla was admitted to the OSB in 1992. He transferred to inactive status in 1999, because he was living and working overseas. Also a member of the Arizona bar, he has no immediate plans to return to the practice of law in Oregon.
Rachel A. Kirtner, #964981. Inactive since 2000, Kirtner of Eugene is also a member of the New York bar. She currently provides part-time research and writing for a New York firm where she previously worked as an associate. She will seek employment with an Oregon law firm after her reinstatement.
Lucinda Moyano, #862519. Moyano, of Salem, transferred
to inactive status in 2000. She previously had worked as a senior assistant
attorney general for many years. Following her reinstatement,
she hopes to return to the Department of Justice.
Sandra J. Oster, #933895. Oster is currently employed as a senior research associate at Oregon Health Sciences University. Because this position does not involve the practice of law, she transferred to inactive status in 2002. After her reinstatement, Oster intends to seek employment as an attorney in the Portland area.
Nelson G. Page, #784633. Admitted to the Alaska bar in 1979, Page has been in private practice with the Anchorage law firm of Burry, Pease & Kurtz since his admission. He transferred to inactive status in Oregon in 1980. He has no immediate plans to return to the practice of law in Oregon.
Annette Talbott, #881097. Talbott, of Happy Valley, has been employed in several capacities in Oregon state government since 1999, most recently as chief of staff for the House Majority Office in the Oregon House of Representatives. She transferred to inactive membership status in 2001. After reinstatement, Talbott will seek employment in a law-related position.
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 that the resumption of the practice of law in this state by these 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 Regulatory Services Division at the Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935, (503) 620-0222, or (800) 452-8260, ext. 343.
Applicants for February 2009 bar
exam
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 2009 bar exam as of Dec. 8, 2008. 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 S.W. Upper Boones Ferry Rd., P.O. Box 231935, Tigard, OR 97281-1935.
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