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

Cite as In re Scharfstein, 19 DB Rptr 97 (2005)
STIPULATION FOR DISCIPLINE
Steven F. Scharfstein, 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 was admitted by the Oregon Supreme Court to the practice of
law in Oregon on October 4, 1993, and has been a member of the Oregon State Bar
continuously since that time, having 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 February 2, 2005, an Amended Formal Complaint was filed against the
Accused pursuant to the authorization of the State Professional Responsibility Board
(hereinafter “SPRB”), alleging violations of DR 1-103(C) and DR 6-101(B). 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.
Case No. 03-80
Facts
5.
On or about June 20, 1998, the Accused undertook to represent AMCO
Insurance (hereinafter “AMCO”) to file suit against an uninsured motorist who, on
October 20, 1995, had caused damage to a vehicle owned by an individual who was
insured by AMCO.
6.
Between June 20, 1998, and approximately November 27, 2002, when AMCO
terminated his employment, the Accused failed to file suit, failed to respond to
AMCO’s attempts to contact him, and failed to keep AMCO informed about the
status of its case.
98