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Cite as In re Davis, 19 DB Rptr 116 (2005)
to the estate of Deborah McGinnis, and the payment of James McGinnis’ and
Deborah McGinnis’ debts and expenses related to the administration of their
respective estates. In and between March 2003 and January 2004, Bannister provided
information to and requested information and action from the Accused concerning the
estates, and her duties as personal representative of the estate of James McGinnis. On
or about May 9, 2003, Schafer’s Counsel proposed terms to the Accused to resolve
issues between the estates of James McGinnis and Deborah McGinnis.
7.
In and between about March 2003 and January 2004, the Accused neglected
a legal matter entrusted to her and intentionally failed to carry out a contract of
employment by:
(a) failing to respond to Bannister’s inquiries and failing to communicate
and timely communicate with Bannister;
(b) failing to provide and timely provide Bannister with copies of written
communications the Accused received from other persons concerning the McGinnis’
estates;
(c) failing to convey and timely convey Bannister’s requests to and
otherwise communicate with Schafer’s Counsel;
(d) failing to monitor Bannister’s case;
(e) failing to take action to resolve issues of dispute concerning the estates
of James McGinnis and Deborah McGinnis; and
(f) failing to take substantive action to advance and protect the interests of
Bannister and the estate of James McGinnis.
8.
On or about January 22, 2004, Bannister filed a complaint with the Bar
concerning the Accused’s conduct. On January 30, 2004, the complaint was referred
to Disciplinary Counsel for investigation. On February 3, 2004, Disciplinary Counsel
forwarded a copy of the complaint to the Accused and requested her explanation by
February 24, 2004. On February 18, 2004, the Accused acknowledged receipt of the
Bar’s letter and requested an extension of time until March 5, 2004, to provide her
explanation. Disciplinary Counsel granted the Accused’s request. Thereafter, the
Accused failed to provide her explanation or communicate with Disciplinary Counsel.
On March 16, 2004, Disciplinary Counsel again requested that the Accused provide
an explanation. The Accused failed to respond, and on June 18, 2004, the matter was
referred to the Multnomah Local Professional Responsibility Committee (hereinafter
“LPRC”) for Investigation.
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