February 22, 2013 - Oregon State Bar

BOG Agenda Memo — CSF Claims Recommended for Payment
February 22, 2013 Page 7
No. 2012-91 McBRIDE (Garibay, R.) - $1,500
Claimant is a Mexican citizen who entered the US illegally in the early 1980’s. He was
deported in 1996 following a conviction for burglary. He returned to the US illegally and resided
here without problem until early 2010 when he was stopped by police for not having a current
vehicle license plate. Based on his illegal status he was taken into custody and again deported
to Mexico where he remains.
Claimant’s wife and grown son hired McBride in February 2010 because Claimant’s
grounds for post-conviction relief included immigration issues; Claimant’s son paid a flat fee of
$3000. McBride filed a petition for post-conviction relief in August 2011 and after some time, a
hearing was scheduled for June 11, 2012. Once the petition was filed, Claimant’s wife had no
success contacting McBride for information about the status of the case. Shortly before the
hearing date, Claimant’s wife learned from the bar that McBride was due to be suspended on
June 14, 2012. Claimant’s wife and son went to court alone on June 11 and obtained a
continuance so they could find another lawyer to represent Claimant.
The new lawyer (retained at additional cost) reports that McBride did some work on the
post-conviction matter but there is much more to do, including research, briefing and
appearing at the hearing. Based on that information, the CSF Committee recommends
awarding Claimant half of the money paid to McBride.
No. 2012-92 McBRIDE (Lepe-Lucas) - $4,900
Claimant has entered the US illegally on several occasions. He consulted with McBride in
May 2011 about getting a work visa and establishing permanent legal residency. McBride
agreed to take the case for $5000 and to commence work when he had received $2,500 of that
amount. Claimant paid $3,500 on May 12, 2011 and balance in monthly installments between
June 2011 and July 9, 2012.
Claimant provided McBride with all the necessary information for his case including a
complete history of his illegal entries. McBride did not tell Claimant that he was ineligible for
the relief he sought because of his many illegal entries and deportations. Communication with
McBride was difficult from the beginning. When Claimant last spoke to McBride in March 2012,
he was informed that McBride was working on the case. No mention was made that McBride
was in danger of losing his ability to practice law.
In August 2012, Claimant learned from the PLF of McBride’s resignation. Claimant
consulted another immigration lawyer who told him he was ineligible for a visa or permanent
residency for at least 10 years and that this was such basic immigration law that McBride
shouldn’t have taken his money. There is no evidence that McBride did anything on Claimant’s
matter and McBride has not accounted for or returned any money to Claimant.
The CSF Committee recommends an award of $4,900, concluding that McBride was
entitled to his $100 initial consultation fee.