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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.

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