February 22, 2013 - Oregon State Bar

BOG Agenda Memo — CSF Claims Recommended for Payment
February 22, 2013 Page 4
Sometime thereafter Gruetter disbursed an additional $8,051.03 to Claimant, informing
her that he had negotiated the liens down to $7,061.23. However, the liens were never paid
and the $7,061.23 that Gruetter was supposed to be holding in trust for that purpose was never
accounted for.
No. 2012-61 McBRIDE (Carosella) - $3,350
Claimant (an Argentinian married to a US citizen) consulted McBride in January 2012
about getting establishing legal residency. On January 30, 2012, McBride’s office sent Claimant
an “intake packet” and a fee agreement.
On February 6 and 9, 2012, the Bar filed a formal disciplinary complaint and a petition
for immediate suspension, respectively, against McBride based on several complaints of
incompetence, neglect and charging excessive fees. On May 3, 2012, McBride stipulated to an
interim suspension effective June 14, 2012. 2
On May 8, 2012, Claimant paid $3500 to McBride’s firm. Over the next few weeks,
Claimant exchanged e-mails with McBride’s assistant regarding additional documentation
needed for her application. On June 4, Claimant e-mailed McBride for a status update, as her
tourist visa was due to expire and she was expecting her third child. McBride responded that it
would not be a problem to file before the visa expired, but that the expiration of the visa would
not have a negative impact on her application.
On July 12, 2012, McBride corresponded with Claimant by e-mail, sending forms for her
to sign and requesting checks for the filing fees. That was Claimant’s last contact with McBride.
He did not mention is suspension.
Later in July, Claimant learned from the PLF that McBride had closed his office and
elected to have her file transferred to a former McBride associate who is now handling her
matter. They have paid $3,300 to the new attorney to complete the application process.
The CSF Committee concluded that McBride was dishonest in accepting fees in early
May without disclosing the pending interim suspension petition and in continuing to provide
services after his suspension. As of July 12, McBride had not filed Claimant’s application; as she
got no value from the representation the Committee recommends a refund of the entire fee
advanced to McBride.
2 McBride subsequently tendered his Form B resignation in August and it was effective October 4, 2012. McBride
closed his office in mid-July with the assistance of the PLF.