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

Cite as In re Bowles, 19 DB Rptr 140 (2005)
Circuit Court Case No. FED 3100421 (hereinafter “FED Case”). Kubbo paid a first
appearance fee and filed an answer in the FED Case on or about October 27, 2003.
The court scheduled the trial of the FED Case for November 10, 2003.
6.
In late October 2003, the Accused sent Kubbo a letter offering his legal
services to Kubbo for the FED Case. The Accused represented that the initial
consultation was free. On or about October 31, 2003, Kubbo met with the Accused.
At the meeting, the Accused represented to Kubbo that the landlord’s notice of
eviction was defective; the Accused could get the FED Case dismissed if Kubbo
retained him for representation; the Accused would represent Kubbo for $250,
including $50 for the initial consultation; the landlord may be required to pay
Kubbo’s attorney fees and costs; the Accused would apply for and recover the
attorney fees and costs paid by Kubbo from the landlord. Based on the Accused’s
representations, Kubbo retained the Accused to represent him in the FED Case.
Kubbo paid $250 in advance to the Accused for the representation. The Accused did
not have a written fee agreement or other communication with Kubbo that provided
that the fee Kubbo paid to the Accused was earned on receipt.
7.
The Accused failed to deposit and maintain the funds Kubbo paid to the
Accused for the FED Case in a lawyer trust account. Prior to and after about October
2003, the Accused did not have a lawyer trust account in a financial institution in
Oregon.
8.
On or about November 5, 2003, the landlord’s lawyer told the Accused that
the FED Case would be dismissed because the notice of eviction was defective. On
November 6, 2003, the landlord’s lawyer filed a motion and order to dismiss the
FED Case, with copy of the motion served on the Accused by facsimile transmission
and by mail the same day. On November 7, 2003, the court dismissed the FED Case.
As a result, Kubbo was the prevailing party and entitled to the award of his costs and
disbursements and reasonable attorney fees.
9.
Under ORCP 68, the Accused was required to file and serve a statement for
costs and attorney fees not later than 14 days after entry of the judgment in the FED
Case. After November 6, 2003, the Accused failed to file a statement for Kubo’s
costs and disbursements and attorney fees with the court. The Accused did not inform
Kubbo that he had taken no action and was not taking action to obtain an award and
collect the attorney fees and costs from the landlord in the FED Case. In or about
early December 2003, Kubbo contacted the Accused to determine if he had collected
the attorney fees and costs from the landlord in the FED Case. The Accused
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