February 22, 2013 - Oregon State Bar

BOG Agenda Memo — CSF Claims Recommended for Payment
February 22, 2013 Page 8
No. 2012-93 McBRIDE (Ramirez, A.) - $5,000
Claimant entered the US illegally in 1999 and has resided here ever since. He is married
to a US citizen and they have one child. Claimant retained McBride in February 2012 to obtain a
work visa and obtain lawful residency. McBride agreed to take the case for $5,500. Claimant
paid $4,000 on February 16 and the balance of $1,500 on February 20, 2012. McBride did not
inform Claimant that there were formal disciplinary charges pending or that the bar was
seeking his immediate suspension.
The file reflects that McBride filed the initial I-130 application and related forms in
March 2012. There is no evidence that any further work was done and McBride has not
accounted for or refunded any of the advanced fee. Claimant learned from the PLF in August
2012 that McBride had resigned from the practice of law. Claimant’s new lawyer estimates that
McBride had completed only 10-20% of the necessary work on the matter.
The CSF Committee recommends an award of $5,000, allowing McBride 10% of the fee
for the services performed prior to his resignation.
No. 2012-94 McBRIDE (Kieper) - $4,000
Claimant entered the US illegally in 1999, but returned to Mexico voluntarily. Sometime
later she was allowed entry without documentation and has resided in the US ever since. She is
married to a US citizen and they have two children.
Claimant retained McBride in June 2010 to establish lawful residency and pay a fee of
$4500 in two installments that month. McBride did very little on the case and Claimant’s efforts
to communicate with him about the case were not fruitful. Her last contact with the office was
in July 2012, when she learned that he was no longer there.
Claimant then retained a former associate of McBride to complete her matter. The new
attorney reports that McBride’s approach to the case was wrong, apparently based on his
failure to understand that Claimant’s second entry was lawful even though without
documentation. Had McBride followed the correct procedure, Claimant would have had a green
card quickly. The new attorney estimates that McBride did only about 10% of the work needed
for Claimant’s case and that is was of little value.
The CSF Committee concluded that McBride was dishonest in failing to ever inform
Claimant that his status as a lawyer was in jeopardy or that he would be unable to complete her
matter. He has not accounted for or refunded any of her funds. The Committee recommends an
award of $4,000, which allows $500 to McBride for the work he did.
No. 2012-96 McBRIDE (Maldonado) - $3,100
Claimant is a Mexican citizen living in the US illegally; a November 2011 DUII citation
triggered deportation proceedings. He hired McBride on February 4, 2012 to defend against the