February 22, 2013 - Oregon State Bar

OREGON STATE BAR
Board of Governors Agenda
Meeting Date: February 22, 2013
From:
Sylvia E. Stevens, Executive Director
Re:
CSF Claim DALRYMPLE (Flanakin) Request for Review
Action Recommended
Consider Mr. Flanakin’s request for review of the CSF Committee’s denial of his claim for
reimbursement.
Background
Michael Flanakin hired Klamath Falls attorney Richard Dalrymple in February 2007 after
being served with divorce papers. Flanakin gave Dalrymple a retainer of $3000. Two months
later, Flanakin and his wife reconciled and Dalrymple refunded unearned fees of $610.82.
In October 2007, Flanakin again retained Dalrymple after Flanakin’s wife filed a second
petition for dissolution. Between October 2007 and October 2008 Flanakin made payments to
Dalrymple totaling $13,000. Trial of the dissolution case was set for February 2009. Flanakin
had an appointment with Dalrymple on January 21, but when he arrived at Dalrymple’s office it
was closed. On January 30, Flanakin learned that Dalrymple had attempted suicide and was in
the hospital. Several days later, Flanakin learned that Dalrymple had died and that the divorce
trial had been postponed.
Flanakin obtained his file from Dalrymple’s office along with a refund of $1070. 1 He then
hired a new lawyer, Bonnie Lam, and paid her a $5000 retainer. According to Flanakin, Ms. Lam
told him that Dalrymple had done “a whole lot of nothing” on the case and she would need to
start from the beginning. As it turned out, however, when the divorce was concluded in 2010,
Flanakin received a refund from Lam of approximately $1000.
Flanakin acknowledges that Dalrymple did some work on his case, but believes that the
divorce should not have cost more than the $4000 he paid Lam since he believes she “started
again from the beginning.” He has heard from people in his community that Dalrymple’s suicide
was prompted by money troubles and over-charging his clients. He also claims that the OSB told
him $4000 was “about right” for a divorce and he believes Dalrymple took advantage of him.
2
“In total, I paid him $14,319.18 with very little if anything to show for it.”
Based on the investigator’s report, the CSF Committee arrived at a different conclusion.
The OJIN record is lengthy and indicates there were many motions, hearings and filings in the
case, suggesting that Dalrymple was quite active on Flanakin’s behalf. The relatively modest fee
1 Refunds were issued by Dalrymple’s widow based on her review of his trust account records.
2 This is the net amount of all payments less the two refunds.