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

Cite as In re Henricksen, 19 DB Rptr 16 (2005)
13.
The Bar does not contend that at the time the Accused endorsed Walters’s
name, he intended to injure or defraud her.
Violations
14.
The Accused admits that, by engaging in the conduct described in paragraphs
10 through 13, he violated DR 1-102(A)(3) of the Code of Professional
Responsibility.
Sanction
15.
The Accused and the Bar agree that in fashioning an appropriate sanction in
this case, the Disciplinary Board should consider the ABA Standards for Imposing
Lawyer Sanctions (hereinafter “Standards”). The Standards require that the Accused’s
conduct be analyzed by considering the following factors: (1) the ethical duty
violated; (2) the lawyer’s mental state; (3) the actual or potential injury; and (4) the
existence of aggravating and mitigating circumstances.
A. Duty Violated. The Accused violated his duty to properly handle client
funds and property. Standards, § 4.1. He also violated his duty to maintain his own
personal integrity. Standards, § 5.1.
B. Mental State. The Accused acted negligently in the Searls matter and
intentionally in the Walters matter.
C. Injury. “Injury” is harm to a client, the public, the legal system, or the
profession which results from the lawyer’s misconduct. Standards, at 7.
Searls sustained potential injury as a result of the Accused’s failure to account
in that he was uncertain whether the Accused actually earned the funds that were
paid to him. However, no actual injury occurred because the Accused earned the
funds he retained in the Searls matter. Searls was also frustrated with the Accused’s
failure to promptly return the file to him or his agents.
Walters sustained potential injury as a result of the Accused’s conduct.
D. Aggravating Factors. The following aggravating circumstances are
present in this case:
1. Dishonest or selfish motive in the Walters matter. Standards, § 9.22(b).
2. Multiple offenses. Standards, § 9.22(d).
3. Substantial experience in the practice of law as the Accused has been
a lawyer in Oregon since 1973. Standards, § 9.22(i).
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