Oregon State Bar Bulletin — FEBRUARY/MARCH 2011

Bar Actions

Discipline

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.



Applications

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.

Matthew Russell Abts
Deborah Jean Acker
Emmitt Michael Adair
Jacqueline Lizeth Alarcon
John Stephan Alarcon
Joshua Bishop Allen
Dina Amira Anani
Thomas Anthony Arany
Tamala J Argue
Anthony Reza Azadeh
Diane Catherine Babbitt
Kara Backus
Sungho Bae
Jessica Baumgarten Baggenstos
Sarah Catherine Bain
Linda Marie Balok
Ashley Nicole Bannon
Justin John Barbot-Wheaton
Wyatt Sims Baum
Casey Ray Baxter
Daniel Wayne Beaty
Ginger Maria Beck
Steven Gregory Bell
Kawn Beyoud
Ariel Victoria Blackthorne
Deborah Ann Blair
James Wayne Bland
William Andrew Boaz
Amanda Kathleen Bott
David Robert Boyajian
Mandeev Singh Brar
Tabitha Marie Brincat
Alison Mae Brown
Nicholas McCune Brown
Megan Ashley Browning
William Lawrence Bryan
Adam LeShaun Burns
Joshua Victor Callahan
Alfred Vada Camacho
Terry Louisa Campos
Ryan Lee Carpenter
Timothy Christian Ceder
Moises Roman Ceja
Noah DePauw Chamberlain
Bin Chen
Brett Alan Claar
Anne-Marie W Clark
Brandy Thompson Cody
Alison Jane Colvin
Jon Jacob Conde
Diego Conde-Orama
Elizabeth Dodd Cooper
Randall Edwin Cooper
Jeremy Sky Craft
Denise Lynne Crafts
Raymond Michael Crosiar
Gaylord Eric Maurice Crovetto
Erinn McGlynn Cypher
Micheline Oliveira D’Angelis
Jacob Glenn Daniels
Trevor Martin Darling
Emily Ruth Davidsohn
John Christopher Davis
Michael Christopher de la Garza
Ross Cooper Denison
Danielle Dawn Deurmier
Brian Terry Dood
Jennifer Barclay Eadie
Win Chester Eaton
William John Edgar
Jaimie Anne Ellis
Allison Nicole Enriquez-Buehler
Matthew William Evans
Elizabeth Angi Falcone
Tessan Farbiarz
Garrett Alan Fenton
Gerald Kent Fields
Gillian Jody Fischer
James Harrison Flint
Jennifer Alexandra Flint
John Philip Fluvog
Julianne Jacks Flynn
Courtney Diane Foley
Eric Joseph Forman
Chimpaye Christine Furrer
Joanna Nell Galbraith
William Abraham Ganser
Scott Gordon Gatherum
Charley Bevens Gee
Sara Ghafouri
Christopher Andrew Gibson
Rosanna Edith Gibson
Andrew Michael Goll
David Rockey Goodell
Kent Nolan Graham
Donta Dwayne Graham-Preston
Tanya Marie Green
Anthony Francis Griffin
Ian James Griswold
Marion Kathleen Groat
Christine Sabile Gunn
Sarah Kathleen Hagerty
Shannon Leigh Hall
John Aldon Hamilton
Tiffany Russelle Hamilton
Sean Michael Handlery
Paul Fredrick Hannabach
Joseph M Harder
Ryan Jamison Hatch
Holly Corinne Hayman
Jonas John Hemenway
Lin Joy Hendler
Nicholas James Hennemann
Viviana Hernandez
Michael Abraham Herron
Daniel Delizon Higgins
Joshua Michael Hill
Stacy Ann Ho
Michael Edward Hodgson
Erika Lindsay Holsman
Keely Malia Hopkins
James Randall Huddleston
Daniel Alexis Hunt
Jordon Alan Huppert
Thomas Elliot Morse Hutton
Justin Irissarry Idiart
Elizabeth Ann Jarvis
Amy Ruth Johnson
Jennifer Lee Jonak
Martin Thomas Jones
Shara Renee Jones
Jasmin Afarin Kahn
Ted Douglas Karr
Raymond Walter Kaselonis
Toni Georganne Kelich
Kristen Clarke Kellems
Bristol Dawn Kelley
Sadie Anne Kennedy
Grant David Kennon
Rebecca Smyth Thalberg Khalil
Brian Thomas Kiolbasa
Michael Brent Kittell
Taylor Smith Kittell
Nicole Noelani Knudsen
Josephine Ko
John Vincent Komar
Kristy Lou Korb
Kathryn Frances Kosstrin
Katherine Seitz Krametbauer
Sarah Laidlaw
Michael Graham Land
Shawnee Suzanne Lane
Jill Catherine Leary
Jennifer Elizabeth Levy
Hala Helen Lewis
David Philip Liljengren
Michael Litvin
Karen Margaret Long
Derrick Andrew Louie
Adam Christopher Lowry
Denise Siu Luk
Sarah Alexis Lundstedt
Matthew Bailey Mader
Sara Light Mader
Andrew Moerke Mason
Sarah Ann Matsumoto
John Joseph Maxfield
Caleb John Casey Mayfield
Jeremy Chase McDermond
Leslie Elizabeth McLeod
Bue Cristopher McNeely
Tyler James McPheters
Peter Leverich Mears
Erik James Melin
Marisa Farrah Mendoza
Shalini Menezes
Elissa Marie Meyrowitz
Debra Nicole Michelson
Alex James Mickelson
Laura Mignon Miller
Anne Michelle Milligan
Dana Margaret Mitchell
Nicole Ann Mitchell
Andrea Greene Montag
Lyndsey Laura Victoria Moore
Jacobo Andres Moreno
Justin Richard Morton
Gabriel Elias Moses
Maurice Lamar Moss
Joseph Daniel Mueller
Curtis George Mullenix
Taylor Lane Metteer Murdoch
Jodi Rae Louise Neel
Deborah Kelly Neighbors
Samuel Scott Nelson
Howard Alan Newman
Joseph Allen Niederhauser
Carolyn Marie Norton
Leslie Ann O’Brien
Brendan Francis O’Hanlon
Logan Garrett O’Shaughnessy
George Willis Devon Pack
Paula Alejandra Padilla
Leif Arod Palmer-Burns
James Andreas Papachristopoulos
Peter Park
Shannon Marie Parrott
James William Pasterczyk
Jovanna Lenore Patrick
Angela Sooyun Pau
Derek Alan Payne
Timothy Shawn Pennington
Jennifer Lang Perkins
Emilee Antonia Peterson
Christine Sonya Phillips
Ethan Robert Plaut
James David Pollock
Caroline Joan Ponzini-Beck
Bianca Pyko
Cheol-won Charles Randle
Pramela Reddi
Denise Alayne Reisner
Robert Christopher Renning
Ryan Patrick Rentmeester
Jeffrey Reuben Rhoades
Lee Rice
Maura Beth Richardson
Natasha Ong Richmond
Scott Millhoff Rider
Stephen Curtis Robbins
Jennifer Erin Roberts
Craig Francis Robinson
Annabel Purkitt Rodman
Caleb John Rosenau
Ellen Margaret Rowe
Mikelle Lynn Rupp
Steven Eric Rush
Mae Lee Sader
Brett Douglas Salmon
Leah Stacey Fay Samuels
Robin Virginia Scott
Tamara VanAntwerp Scoville
Andrew Michael Seher
Mary Antonia Alauria Sell
Kathryn Stoufer Sherman
Kristen Renee Shill
Stephanie Ann Shimp-Taylor
Stephen Ryan Shortt
Daniel Armando Silveira
Danica Erin Skeoch
Joseph Donald Smith
Megan Shannon Smith
Nathan Frederick Jones Smith
Cynthia Jang Song
Elizabeth Joan Spaulding
Adam Charles Springer
Justin Spencer St. James
Katherine Rose Staton
Justin Robert Steffen
Lance Forrest Stern
Pierson Weidling Stoecklein
David Todd Taylor
Sage Josie Teton
Ryan Taylor Tharp
Gary Walter Thomson
Kimvi Thi To
Sarah Blair Townsend
Sean Michael Trimble
William Bryan Tucker
Alena Ann Tupper
Madeleine Victoria Turnbull
Timothy Howe Turnbull
Robin Michelle Turner
Rachel Marie Twenge
Sara Louise Urch
Kelli Suh Paulson Utrecht
Danielle Mae Vakoutis
Christopher Matthew Van Meir
Mark Allan Vawter
Alena Mathias Vazquez
Alexander Hansen Verbeck
Ishwariah Devaky Vishwanathan
Benjamin Elias Visser
Riccola Jo Voigt
Man Minh Vu
Erin Wallace
John Alphonse Walsh
Jennifer Nicole Wang
Stephen Joseph Washburn
Eric Ralph Wasik
William Matthew Waters
Jacob Ian Weiss
Robert Jameson Welsh
Nathan Douglas Wente
Rebecca Sue Werner
Thomas Craig Wheeler
Zachary Thomas White
Cadence Lorien Whiteley
Susan Windsor Widawski
Lisa Dawn Wright
Teunis Gerbrand Wyers
Megan Anne Yarnall
Catherine Susanne Yarnes
Julie Hye Un Yi
James Eugene Yocom
Mariko Ann Yoshioka
Virginia Elizabeth Yost
Amy Andrea Young
Maria Zlateva

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