February 22, 2013 - Oregon State Bar

BOG Agenda Memo — CSF Claims Recommended for Payment
February 22, 2013 Page 9
deportation. McBride agreed to handle the case for $5,000. Claimant paid $2,500 upon signing
the fee agreement, followed by 4 monthly installments of $300 (for a total of $3,700) before
learning that McBride had been suspended and closed his office. The third installment was
accepted by McBride while he was suspended and after he had signed his Form B resignation
and the fourth was accepted after the effective date of the resignation.
Following the single meeting McBride had with Claimant, McBride was able to have the
deportation process suspended temporarily. However, the immigration authorities’ review of
the documents filed by McBride revealed errors and inaccuracies and the proceedings started
up again. Claimant has retained new counsel who specializes in immigration removal defense
and who says that McBride’s work was of little, if any, use to Claimant.
The CSF Committee concluded that McBride was dishonest for not disclosing his
pending inability to handle the client’s case and for accepting payment after he was suspended.
The Committee allocated two hours of work ($600) to McBride and recommends an award of
the remaining $3,100.
No. 2012-110 McBRIDE (Melchor) - $4,500
Claimant is a Mexican citizen. In 1984 she married to a Mexican citizen living lawfully in
the US and on the basis of her marriage, Claimant obtained a green card. About ten years later
Claimant’s husband divorced her in Mexico, but she was unaware of it until she attempted to
divorce him. Because of the divorce she was no longer eligible for her green card and when the
immigration authorities learned of the divorce in 2009 a deportation (removal) order was
issued.
Claimant was initially represented by Catholic Charities Immigration Services, but she
subsequently hired McBride on March 31, 2010 and paid his $5,000 flat fee.
Claimant had only sporadic contact with McBride; she was rarely able to speak to him
when she called but he always assured her he was working on her case. His file is comprised
mostly of multiple copies of documents provided by Claimant and some evidence that he
requested and was granted continuances of the hearings in her case.
Claimant eventually became frustrated with McBride’s lack of responsiveness and hired
another lawyer to help her.