February 22, 2013 - Oregon State Bar

BOG Agenda Memo — CSF Claims Recommended for Payment
February 22, 2013 Page 6
prior to completion. Based on that, the Committee allocated thee hours of work ($900) to
McBride for his attendance at the two Master Hearings and recommends an award of $3,300.
No. 2012-85 McBRIDE (Valdivia) - $3,000
Claimant retained McBride in November 2011 to get a visa and to assist both herself and
her daughter obtain legal residency. Claimant discussed her case with one of McBride’s
associates who explained the process to her and quoted a fee of $3,000. Claimant paid $1500 in
November 2011 and the balance in five monthly installments.
McBride’s office gave Claimant forms to complete and return with the filing fees of
$1500. It took her several months to accumulate that money, but her efforts to discuss her case
with McBride were unavailing. In May 2012, she made a claim with the PLF, at which time she
was informed of his impending suspension and the closure of his office.
Claimant hired another attorney to pursue her immigration matters. The new attorney
found no evidence that McBride did anything that would justify any fees. The CSF Committee
recommends an award of the entire sum paid to McBride.
No. 2012-88 McBRIDE (Palacios Rodriguez) - $1,500
Claimant hired McBride’s firm on January 12, 2012 and had two short interviews with an
associate during which he provided information to support his visa application. Claimant’s
application was based on his having been injured in a robbery of his employer and cooperating
in the police investigation. Claimant paid $1000 toward a flat fee of $1,500. After reviewing the
matter, McBride’s associate advised Claimant that he didn’t have the requisite facts to support
the application and the shouldn’t pursue it. The associate offered to refund the $1,000 already
paid.
Claimant asked the associate to check with McBride before abandoning his application.
Thereafter the associate informed Claimant that McBride recommended continuing the
application and Claimant paid the remaining $500 of the fee.
Several weeks went by with no contact from McBride’s office. Then Claimant received a
letter from McBride telling Claimant that McBride had talked to Claimant’s relatives in Mexico
and was unable to obtain the conclusive information that was necessary for a successful case.
Claimant tried unsuccessfully to reach McBride to discuss the letter. In early July 2012 he went
to McBride’s office and found it closed.
The CSF Committee concluded that it was dishonest for McBride to encourage Claimant
to continue the case under the circumstances, especially without informing the client that he
was facing serious charges from the bar including the possibility of an immediate suspension
that would prevent him from completing the matter.