February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
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The investigator conducted a telephone interview with Mr. Flores-Salazar, who is<br />
incarcerated.<br />
The investigator reviewed the appellate file at the <strong>Oregon</strong> Court of Appeals.<br />
Following the initial write-up of this report, Mr. Flores-Salazar provided the investigator<br />
with a copy of the fee agreement, and a letter from Mr. Jordan dated June 24, 2007.<br />
Findings and Conclusions<br />
The claimant had an attorney-client relationship with Mr. Jordan. Mr. Jordan was an<br />
active member of the bar at the time of the representation, and was working in <strong>Oregon</strong>. Mr.<br />
Jordan ceased providing services after one year to the claimant, when he started a suspension<br />
on January 1, 2008.<br />
There was a contract for Mr. Jordan for legal services, but it is not clear that the<br />
claimant was a contracting party or, aside from his verbal statement to the investigator, the<br />
paying party. The contract was for representation on appeal of Mr. Flores-Salazar’s criminal<br />
conviction and related actions in Circuit Court. The fee for Mr. Jordan’s services was $15,000,<br />
which appears to have been paid in full. The fee agreement provided for the fee to have been<br />
“earned upon receipt”, no portion of it was likely ever deposited to a lawyer trust account, and<br />
while termed “nonrefundable” the fee agreement provided for the possibility of a refund or<br />
partial refund in the event of a fee dispute.<br />
It cannot be said that a loss was suffered by the claimant, or that any loss was the result<br />
of the lawyer’s dishonest conduct. Mr. Jordan appears to have performed substantial services<br />
for Mr. Flores-Salazar, in both of the courts he was hired to appear in connection with this<br />
matter. While a subsequent attorney was granted the opportunity to supplement a portion of<br />
Mr. Jordan’s work, there was no amendment, withdrawal or abandonment of Mr. Jordan’s<br />
work. The value of Mr. Jordan’s work cannot be accurately determined without time records,<br />
but it certainly was of more than minimal value.<br />
There was no criminal prosecution of Mr. Jordan, there is no civil judgment against Mr.<br />
Jordan in connection with this claim, and Mr. Jordan’s suspension was not related to this<br />
matter. A disciplinary complaint against Mr. Jordan in connection with this claim is pending. The<br />
claim is for more than $5,000.<br />
There is no evidence of a bond, surety or insurance.<br />
Claimant sent Mr. Jordan a demand letter, and no reply was received.<br />
The claim was filed more than two years after discovery of the claimed loss.