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Cite as In re Shinn, 19 DB Rptr 128 (2005)
12.
After January 24, 2003, the Accused orally informed some of the opposing
lawyers that he was no longer representing Storie. However, the Accused failed to
take other reasonable steps to avoid foreseeable prejudice to Storie’s rights including
(by not) executing and returning a substitution of counsel, notifying the court and all
of the opposing lawyers that he was no longer representing Storie, and promptly
forwarding correspondence and pleadings he received after January 24, 2003, to
Storie’s new lawyer.
Violations
13.
The Accused admits that, by engaging in the conduct described in paragraphs
10 through 12, he violated DR 2-110(A)(2).
Sanction
13.
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 withdraw from
two pending legal matter. Standards, § 7.0.
B. Mental State. The Accused knew he had not properly withdrawn, but
did not act with a conscious objective or purpose to accomplish a particular result.
C. Injury. Terry sustained actual injury in that she did not receive notices
from the court after the Accused ceased working on her legal matter. Storie also
sustained actual injury in that he did not receive documents from some of the
opposing lawyers who continued to send correspondence and pleadings to the
Accused when he was no longer representing Storie.
D. Aggravating Factors. The following aggravating circumstances are
present:
1. A pattern of misconduct. Standards, § 9.22(c).
2. Multiple offenses. Standards, § 9.22(d).
3. Substantial experience in the practice of law as the Accused has been
an Oregon lawyer since 1973. Standards, § 9.22(i).
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