Oregon State Bar Bulletin OCTOBER 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.
STEVEN D. BRYANT
OSB #915302
Redmond
Public reprimand
On Aug. 1, 2011, the disciplinary board approved a stipulation for discipline reprimanding Redmond lawyer Steven D. Bryant for violating RPC 1.3 (neglecting a legal matter) and RPC 1.4(a) (failing to keep a client reasonably informed about the status of a matter and failing to comply with reasonable requests for information.)
Bryant undertook to represent a client in a domestic relations matter. He failed to timely request a hearing to dispute a proposed order that increased the client’s child support obligation and then failed to appeal to circuit court when the order became final. Bryant also failed to pursue a motion he filed to modify parenting time and child support. Finally, for a number of months, Bryant failed to respond to his client’s reasonable requests for information.
ANTHONY ROBERT LOPEZ
OSB # 085345
Portland
Form B resignation
Effective Aug. 18, 2011, the Oregon Supreme Court accepted the Form B resignation of Anthony Robert Lopez. At the time of his resignation, Lopez had been charged with two violations of the Rules of Professional Conduct: RPC 8.1(a)(2) (failing to disclose information in an application for admission), and RPC 8.1(b) (failing to report to the bar commencement of disciplinary proceedings in another jurisdiction within 30 days of receiving notice of that commencement). At the time of resignation, Lopez’s office and primary place of business was in Los Angeles. Lopez was admitted to practice in California, Arizona and Nevada.
THOMAS K. ONO
OSB #074865
Portland
Public reprimand
Effective Aug. 25, 2011, the disciplinary board approved a stipulation for discipline reprimanding Portland lawyer, Thomas K. Ono, for violating RPC 1.15-2(m) (failure to comply with annual certification of lawyer trust account), and RPC 8.1(a)(2) (failure to respond to lawful requests from a disciplinary authority).
Ono failed to file the 2010 IOLTA certification of compliance by Feb. 1, 2010, and subsequently did not respond to inquiries from disciplinary counsel’s office. Ono was admitted to the practice of
law in 2007. He had no prior record of discipline.
AMY L. McCAFFREY
OSB #010756
Beaverton
60-day suspension
Effective Sept. 4, 2011, the disciplinary board suspended Amy L. McCaffrey for 60 days for violations of RPC 1.3 (neglect of a legal matter), RPC 1.4(a) (failure to keep client reasonably informed about the status of a matter), RPC 1.4(b) (failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions), RPC 1.5(a) (charging a clearly excessive fee), RPC 1.16(a)(2) (failure to withdraw when the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent a client), RPC 1.16(d) (failure to protect a client’s interests upon withdrawal) and RPC 8.4(a)(3) (conduct involving misrepresentation).
In October 2006, McCaffrey undertook to represent the petitioner in a dissolution of marriage proceeding. After filing the petition, McCaffrey failed to adequately communicate with her client and took little or no action on the matter. Accordingly, the court dismissed the case in April 2007. McCaffrey did not notify her client that her case had been dismissed, nor did she take prompt steps to reinstate the case. Instead, she represented to her client that the delays in obtaining a judgment were the fault of the court. After McCaffrey reinstated the case, she did not take any significant action on it. The court dismissed the case a second time in September 2007. McCaffrey failed to inform her client that her case had again been dismissed and she thereafter transferred to inactive membership in the bar without taking the necessary steps to protect her client’s interests. The client had paid a flat fee for the dissolution of her marriage, and upon withdrawal McCaffrey did not refund any portion of that fee.
In determining an appropriate sanction, the stipulation recited that McCaffrey had no prior disciplinary record, was cooperative with the bar’s investigation and displayed remorse for her conduct. Throughout the representation, McCaffrey was suffering from significant physical and emotional problems, which impaired her ability to attend to her practice adequately. McCaffrey recognized that these problems were interfering with her ability to practice law and voluntarily transferred to inactive membership status.
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: Ernest Harry Badeau, Ronald Terry Blewett, Michael Steven DeLeo, Tonna Kaye Farrar, Rebecca Sirius Fritch Flanagan, Sylvia Hall, Eliot Michael Harris, Jason Christopher Hawes, Mark J Leeds, Robert McDowell Lorey, Bruce Andrew McDermott, John Anthony McHugh, William Jacob Murphy, Bruce William Wahrlich, and Thomas Harding Wolfendale.
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:
Amy P. Grant of Aloha, #992716. Amy P. Grant graduated from Hastings College of Law in 1982, and was admitted to the California bar that year. She moved to Oregon and was admitted to practice here in 1999. Grant changed her Oregon membership to inactive in 2003 to focus on her family. While inactive, she has worked as a licensed tax preparer, office manager and a contracts administrator for Accero, Inc. She hopes to obtain an in-house counsel position after reinstatement.
Niamh M. Lewis of Lake Oswego, #003172. After her graduation from the University of Michigan, Niamh M.Lewis relocated to Oregon and was admitted to the Oregon bar in 2000. She transferred to inactive status in 2001, and voluntarily resigned her membership in 2004. Lewis obtained a masters in teaching from Lewis & Clark in 2002, and worked part time for the Classroom Law Project in 2008-09. Following her reinstatement, she plans to work part time for a law firm or on a contract basis.
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.