Oregon State Bar Bulletin JANUARY 2013
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.
On Oct. 11, 2012, in a reciprocal discipline matter arising out of disciplinary action in Hawaii, the Oregon Supreme Court reprimanded Everett Walton.
For a period of approximately 14 months after his employment with a public agency ended, and without any permission or authority to do so, Walton used his former employer’s passwords to access an Internet legal research service account (Westlaw) for which the former employer was paying. The court found Walton engaged in dishonest conduct that reflects adversely on his fitness to practice law, in violation of Oregon RPC 8.4(a)(3). Walton had no prior disciplinary history.
MARIANNE G. DUGAN
Effective Nov. 5, 2012, the disciplinary board approved a stipulation for discipline reprimanding Eugene lawyer Marianne Dugan for violation of RPC 8.4(a)(4) (conduct prejudicial to the administration of justice).
Dugan represented a client in a long-standing real property dispute in which the client and the opposing party filed a number of lawsuits against one another. After one of the lawsuits filed by Dugan for the client was dismissed, the opposing party sued Dugan and her client for wrongful use of civil proceedings in bringing the dismissed claim.
Dugan sought to invoke a statutory defense by asserting that she filed the claim shortly before the statute of limitations ran in order to preserve and evaluate the claim’s merits. To support that defense, Dugan signed a declaration stating that she learned of the claim only a month or so before the statute ran. However, Dugan’s assertion was not accurate; she had been informed by her client of the basis for the claim several months before she filed it. Dugan did not independently remember the timing and was careless in not reviewing her records prior to drafting and filing the declaration.
During discovery, the opposing party learned that Dugan’s declaration misstated the timing relevant to the statutory defense and brought it to her attention, at which point she requested and was permitted to withdraw it.
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: Larry Edward Altenbrun; Adrian Livingston Bell; Jeffrey David Coats; Jesse David Conway; Adina Lisa Cunningham; John Michael Gleason; Nicolas Ryan Filer; Bryan Jens Gottfredson; Michael Angelo Guadagno; Henry Kerr Hamilton; Eric Patrick Koetting; Theresa Ann Labriola; Carin Anne Marney; Jilma Leonor Meneses; James Miles O’Brien; Abbie Alejandro Rosario; Miguel Mota Santos; Nathaniel Justin Reed Smith; Karen Lyn Thiessen; Shalini Pammal Vivek; Brian Andrew Walker; and Wesley Jude Werich.
In-House Counsel: Jennifer Lynette Yokoyama.
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:
Jenifer Willer of Creswell, #971766. Jenifer Willer has been an inactive bar member since 2001. She also is a professionally licensed civil engineer, and has been employed in that capacity with the City of Eugene since 2005. She will remain in that position following her reinstatement, with no plans to engage in the practice of law.
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.