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

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Cite as In re Scharfstein, 19 DB Rptr 97 (2005)<br />

h. In the event the Accused fails to comply with the conditions of his<br />

probation, the <strong>Bar</strong> may initiate proceedings to revoke the Accused’s probation<br />

pursuant to Rule of Procedure 6.2(d) and impose the stayed period of suspension.<br />

i. The Accused acknowledges that this stipulation and sanction are limited<br />

to the matters described herein, and that he is required to apply for reinstatement<br />

pursuant to BR 8.3 after the expiration of the 30 days of imposed suspension and pay<br />

all fees required for reinstatement.<br />

j. Before reinstatement to the active practice of law, the Accused shall pay<br />

to the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> its reasonable and necessary costs in this proceeding in the<br />

amount of $390.75, for witness fees and mileage and reporting and transcription of<br />

the deposition of Elisabeth Sumpter. Should the Accused fail to pay said sum in full<br />

by the 30th day after his suspension begins, the <strong>Bar</strong> may thereafter, without further<br />

notice to the Accused, apply for entry of a judgment against the Accused for the<br />

unpaid balance, plus interest thereon at the legal rate to accrue from the date the<br />

judgment is signed until paid in full.<br />

This Stipulation for Discipline is subject to review by Disciplinary Counsel of<br />

the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> and to approval by the SPRB. If approved by the SPRB, the<br />

parties agree the stipulation is to be submitted to the Disciplinary <strong>Board</strong> for<br />

consideration under the terms of BR 3.6.<br />

EXECUTED this 28th day of March 2005.<br />

EXECUTED this 29th day of March 2005.<br />

/s/ Steven R. Scharfstein<br />

Steven R. Scharfstein<br />

OSB No. 93490<br />

OREGON STATE BAR<br />

By: /s/ Martha M. Hicks<br />

Martha M. Hicks<br />

OSB No. 75167<br />

Assistant Disciplinary Counsel<br />

104

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