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Cite as In re Leisure, 19 DB Rptr 126 (2005) In re: ) ) Complaint as to the Conduct of ) ) SALLY LEISURE, ) ) Accused. ) Cite as 338 Or 508 (2005) IN THE SUPREME COURT OF THE STATE OF OREGON (OSB Nos. 02-149, 02-150, 03-31; SC S51514) En Banc On review of the decision of a trial panel of the Disciplinary Board. Argued and submitted March 7, 2005. Decided May 12, 2005. Mary A. Cooper, Assistant Disciplinary Counsel, Lake Oswego, argued the cause and filed the briefs for the Oregon State Bar. Sally Leisure, herself, Portland, argued the cause and filed the brief for the Accused. PER CURIAM The Accused is suspended from the practice of law for 18 months, effective 60 days from the date of the filing of this decision. SUMMARY OF THE SUPREME COURT OPINION The Oregon State Bar alleged that the accused lawyer violated Code of Professional Responsibility Disciplinary Rules (DRs) by writing numerous checks that, when she wrote them, she knew that her checking account could not cover. Based on that conduct, and its effect on two creditors in particular, the Bar charged violations of DR 1-102(A)(2) (engaging in criminal conduct reflecting adversely on a lawyer’s honesty, trustworthiness, or fitness to practice law) and DR 1-102(A)(3) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). A trial panel of the Disciplinary Board had concluded that the Accused did not violate DR 1-102(A)(2), but that she did violate DR 1-102(A)(3). The trial panel imposed an 18-month suspension with all except three months of that period of suspension stayed pending the Accused’s compliance with certain conditions. Held: The accused lawyer is guilty of violating DR 1-102(A)(2) and DR 1-102(A)(3) for her conduct in issuing to others over an extended period of time checks that she knew that her bank 126
Cite as In re Leisure, 19 DB Rptr 126 (2005) account could not cover. In addition, the Accused also made material misrepresentations by falsely stating that her bank would cover checks at times that she knew that her bank would not, and by failing to disclose to a law firm her receipt of funds that were subject to a fee-sharing agreement with that law firm. 127
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white text DISCIPLINARY BOARD REPOR
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white text 2005 DISCIPLINARY BOARD
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Cases Reported in Volume 19 In re C
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Cases Reported in Volume 19 In re K
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TABLE OF CASES (References are to t
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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