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Cite as In re Klahn, 19 DB Rptr 1 (2005) C. Injury. There was no actual injury to any of the Accused’s clients, as the Accused rectified all accounting errors. There was potential injury to the extent that some client funds were drawn upon when they should not have been, were not maintained in trust as required by DR 9-101(A) for periods of time, and were not thus afforded the protections that a trust account provides. D. Aggravating Factors. Aggravating factors include: 1. The Accused made multiple errors over many years and has substantial experience in the practice of law. Standards, § 9.22(d), (i). 2. In 2000, the Accused was disciplined for billing a client for time spent responding to the client’s Bar complaint and failing to timely respond to the Disciplinary Counsel’s Office (DR 1-103(C) and DR 2-106(A)). In re Klahn, 14 DB Rptr 65 (2000); Standards, § 9.22(a). E. Mitigating Factors. Mitigating factors include: The Accused did not act with a dishonest or selfish motive, made timely, good-faith efforts to rectify the consequences of the accounting errors, and made a full and free disclosure to the Bar with a cooperative attitude toward these proceedings. Standards, § 9.32(b), (d), (e). 10. The Standards provide that a reprimand is generally appropriate when a lawyer is negligent in dealing with client property resulting in injury or potential injury to a client. Standards, § 4.13. 11. Oregon case law is in accord. In re Mannis, 295 Or 594, 668 P2d 1224 (1983). 12. Consistent with the Standards and Oregon case law, the parties agree that the Accused shall be reprimanded for violation of DR 9-101(A) and DR 9-101(C)(3). 13. This Stipulation for Discipline is subject to review by Disciplinary Counsel of the Oregon State Bar and to approval by the State Professional Responsibility Board (“SPRB”). The SPRB approved the sanction set forth in this Stipulation for Discipline at its meeting on November 20, 2004. The parties agree the stipulation is to be submitted to the Disciplinary Board for consideration under the terms of BR 3.6. 4
Cite as In re Klahn, 19 DB Rptr 1 (2005) EXECUTED this 16th day of December 2004. /s/ Robert G. Klahn Robert G. Klahn OSB No. 80068 EXECUTED this 27th day of December 2004. OREGON STATE BAR By: /s/ Lia Saroyan Lia Saroyan OSB No. 83314 Assistant Disciplinary Counsel 5
Page 1: white text DISCIPLINARY BOARD REPOR
Page 4 and 5: white text PREFACE This Disciplinar
Page 6 and 7: white text Justices of the Oregon S
Page 8 and 9: white text 2005 DISCIPLINARY BOARD
Page 10 and 11: Cases Reported in Volume 19 In re C
Page 12 and 13: Cases Reported in Volume 19 In re K
Page 14 and 15: Cases Reported in Volume 19 In re S
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Page 20 and 21: Cite as In re Dobie, 19 DB Rptr 6 (
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Page 24 and 25: Cite as In re Botta, 19 DB Rptr 10
Page 30 and 31: Cite as In re Henricksen, 19 DB Rpt
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Cite as In re Ryan, 19 DB Rptr 41 (
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Cite as In re Ryan, 19 DB Rptr 41 (
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Cite as In re Summer, 19 DB Rptr 57
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Cite as In re Rich, 19 DB Rptr 60 (
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Cite as In re Ames, 19 DB Rptr 66 (
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Cite as In re Trukositz, 19 DB Rptr
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Cite as In re Steele, 19 DB Rptr 87
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Cite as In re Knappenberger, 19 DB
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Cite as In re Scharfstein, 19 DB Rp
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Cite as In re Casey, 19 DB Rptr 105
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Cite as In re Casey, 19 DB Rptr 105
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Cite as In re Genna, 19 DB Rptr 109
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Cite as In re Davis, 19 DB Rptr 116
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Cite as In re Crews, 19 DB Rptr 122
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Cite as In re Coggins, 19 DB Rptr 1
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Cite as In re Leisure, 19 DB Rptr 1
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Cite as In re Shinn, 19 DB Rptr 128
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Cite as In re Nester, 19 DB Rptr 13
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Cite as In re Bowles, 19 DB Rptr 14
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Cite as In re Gregory, 19 DB Rptr 1
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Cite as In re Gregory, 19 DB Rptr 1
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Cite as In re Lebenbaum, 19 DB Rptr
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Cite as In re DenHartigh, 19 DB Rpt
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Cite as In re Monson, 19 DB Rptr 16
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Cite as In re Hendrick, 19 DB Rptr
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Cite as In re Matthews, 19 DB Rptr
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Cite as In re Kay, 19 DB Rptr 200 (
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Cite as In re Foley, 19 DB Rptr 205
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Cite as In re Langford, 19 DB Rptr
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Cite as In re Tuttle, 19 DB Rptr 21
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Cite as In re Andersen, 19 DB Rptr
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Cite as In re Jackson, 19 DB Rptr 2
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Cite as In re Richardson, 19 DB Rpt
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Cite as In re Lancefield, 19 DB Rpt
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Cite as In re Simcoe, 19 DB Rptr 25
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Cite as In re Damiano, 19 DB Rptr 2
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Cite as In re Damiano, 19 DB Rptr 2
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Cite as In re Oliveros, 19 DB Rptr
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Cite as In re Gibbons, 19 DB Rptr 2
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Cite as In re Lyons, 19 DB Rptr 271
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Cite as In re Marsh, 19 DB Rptr 277
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Cite as In re O’Dell, 19 DB Rptr
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Cite as In re Carreon, 19 DB Rptr 2
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Cite as In re Miller, 19 DB Rptr 30
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Cite as In re Eichelberger, 19 DB R
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Cite as In re Camacho, 19 DB Rptr 3
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Cite as In re White, 19 DB Rptr 343
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Cite as In re Kahn, 19 DB Rptr 351
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Cite as In re Wilson, 19 DB Rptr 35
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Cite as In re Dickerson, 19 DB Rptr
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TABLE OF CASES (References are to t
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Table of Cases In re Jordan, 295 Or
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Table of Cases In re Wyllie, 331 Or
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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