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February 22, 2013 - Oregon State Bar

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From: Chris Eggert<br />

Date: March 8, 2011<br />

Re: Client Security Fund Claim No. 2011-01<br />

Claimant: Armando Flores-Salazar<br />

Attorney: Keith Jordan<br />

CLIENT SECURITY FUND<br />

INVESTIGATION REPORT<br />

(REVISED)<br />

Investigator’s Recommendation<br />

I recommend that the Committee deny in full the $10,000 claim.<br />

<strong>State</strong>ment of the Claim<br />

Armando Flores-Salazar submitted a claim on December 29, 2010, for reimbursement in<br />

the amount of $10,000. Mr. Flores-Salazar claims he paid $15,000 to Mr. Jordan and asserts the<br />

work performed has no value beyond $5,000.<br />

Mr. Flores-Salazar was convicted following a four-day jury trial in Clackamas County<br />

Circuit Court on November 17, 2006, of multiple felonies, for which he was sentenced to a<br />

Measure 11 sentence of 75 months in prison. He is currently incarcerated and continues to<br />

serve his sentence.<br />

Shortly after Mr. Flores-Salazar was convicted, attorney Keith Jordan was hired to<br />

represent him on appeal. Alicia Ramos, not the Claimant, signed a fee agreement for payment of<br />

a $15,000 flat fee for Mr. Jordan to prepare the appeal and handle a restitution hearing. The fee<br />

agreement provided that the fee was earned in full and non-refundable, except if a fee dispute<br />

arose. Mr. Flores-Salazar reportedly paid the fee by withdrawing his 401(k) balance.<br />

Mr. Jordan filed an appearance in Clackamas County Circuit Court, and filed a timely<br />

Notice of Appeal in December 2006. In January 2007, Mr. Jordan filed in the Circuit Court a<br />

motion for release pending appeal. A hearing was held on this motion on <strong>February</strong> 6, 2007; the<br />

motion was denied. OJIN records that a restitution hearing was not held because the Court of<br />

Appeals had jurisdiction over the case while the appeal was pending.<br />

The transcript was not prepared until May 2007. The delay was due in part to the<br />

transcriptionist’s fee of $2,400, which was required by the transcriptionist to be paid in<br />

advance. Mr. Flores-Salazar’s family paid the transcriptionist in Spring 2007, and the transcript<br />

was prepared and filed.<br />

In a letter dated June 24, 2007, Mr. Jordan wrote to Mr. Flores-Salazar that he had been<br />

suspended from the practice of law for 270 days. He further informed Mr. Flores-Salazar that<br />

he could continue to work on the appeal after reinstatement, that the matter was considerably<br />

more complicated than had been anticipated at the time he was hired for the appeal, and that

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