P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar

Cite as In re Dobie, 19 DB Rptr 6 (2005)
STIPULATION FOR DISCIPLINE
Brian J. Dobie, attorney at law (hereinafter “the Accused”), and the Oregon
State Bar (hereinafter “the Bar”) hereby stipulate to the following matters pursuant
to Oregon State Bar Rule of Procedure 3.6(c).
1.
The Bar was created and exists by virtue of the laws of the State of Oregon
and is, and at all times mentioned herein was, authorized to carry out the provisions
of ORS Chapter 9, relating to the discipline of lawyers.
2.
The Accused, Brian J. Dobie, was admitted by the Oregon Supreme Court to
the practice of law in Oregon on September 21, 1990, and has been a member of the
Oregon State Bar continuously since that time. He currently has his office and place
of business in Clackamas County, Oregon.
3.
The Accused enters into this Stipulation for Discipline freely and voluntarily.
This Stipulation for Discipline is made under the restrictions of Bar Rule of
Procedure 3.6(h).
4.
On September 24, 2004, a Formal Complaint was filed against the Accused
pursuant to the authorization of the State Professional Responsibility Board
(hereinafter “SPRB”), alleging violation of DR 9-101(C)(3) and DR 9-101(C)(4) of
the Code of Professional Responsibility. The parties intend that this Stipulation for
Discipline set forth all relevant facts, violations, and the agreed-upon sanction as a
final disposition of the proceeding.
Facts
6.
From 1992 until late 2000, the Accused represented Cynthia Moffett. During
the course of this representation, the Accused received money from Ms. Moffett in
connection with trusts he had established on her behalf, and made expenditures of
these monies in accordance with Ms. Moffett’s instructions and the stated purposes
of the trusts. When the representation terminated, Ms. Moffett hired new counsel,
K. Garl Long, who asked the Accused to forward various accounting records and
other parts of Ms. Moffett’s files to him.
7