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February 22, 2013 - Oregon State Bar

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BOG Agenda Memo — CSF Claims Recommended for Payment<br />

<strong>February</strong> <strong>22</strong>, <strong>2013</strong> Page 5<br />

No. 2012-63 McBRIDE (Lua) - $2,500<br />

McBride was hired in January 2012 to complete Claimant’s immigration case. He and his<br />

wife had filed some initial papers on their own, but wanted an attorney to handle the later<br />

stages. Claimant paid McBride a flat fee of $2,500.<br />

After the initial meeting, Claimant heard nothing from McBride and received no<br />

documentation or correspondence. Her calls to the office went unanswered. There is no<br />

evidence that McBride did anything on the matter.<br />

The investigator spoke to Keith Karnes, who was McBride’s partner at the time of<br />

McBride’s suspension. Karnes reported that McBride admitted to taking fees for work he was<br />

not going to be able to complete.<br />

No. 2012-76 McBRIDE (Hernandez-Rodriguez) - $4,100<br />

Claimant hired McBride on January 17, 2012 to handle immigration and criminal defense<br />

matters. He paid a flat fee of $5,000; the agreement provided that if the representation<br />

terminated before the matters were concluded, McBride’s would be compensated at the rate<br />

of $300/hour for any work completed.<br />

Claimant reports that McBride arranged for his bail and attended a hearing in the<br />

criminal case and that one of McBride’s associates covered an immigration Master Hearing<br />

(essentially a scheduling hearing).<br />

Claimant heard nothing more from McBride’s and learned of McBride’s suspension<br />

when he went to the office in August 2012 and found a notice posted on the door.<br />

The CSF Committee recommends reimbursing Claimant for all but $900 of the fee paid<br />

in recognition of the fact that McBride did some work on the matters.<br />

No. 2012-78 McBRIDE (Cortes-Hernandez) - $3,300<br />

Claimant hired McBride in November 2011 for immigration and criminal cases. Between<br />

November 2011 and July 2012, he had paid McBride $4,200. The last Two payments were made<br />

May 29 and July 2, 2012.<br />

According to Claimant, McBride participated by telephone in a Master Hearing at the<br />

end of November 2011 and another on May 3, 2012. In July, Claimant received a letter<br />

informing him that McBride had closed his office.<br />

Although there was no copy of it in this case, the CSF Committee assumed that McBride<br />

had the same agreement with this Claimant as with other clients: a flat fee, but an<br />

understanding that his time would be charged at $300/hour if the representation terminated

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