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

Cite as In re DenHartigh, 19 DB Rptr 159 (2005)
7.
On numerous occasions between August 2000 and February 2004, Angelo
urged the Accused to pursue her legal matter. During that same period of time, the
Accused knew that he had a professional duty to act on Angelo’s behalf.
8.
Between August 2000 and February 2004, the Accused intentionally failed to
carry out his contract of employment with Angelo.
Violations
9.
The Accused admits that, by engaging in the conduct described in paragraphs
5 through 8 of this stipulation, he violated DR 6-101(B) and DR 7-101(A)(2) of the
Code of Professional Responsibility.
Facts
OSB Matters
(Case Nos. 04-56, 04-57, 04-58)
10.
On February 21, 2003, the Accused withdrew $240 from his lawyer trust
account for work performed on behalf of a client. The Accused failed to create or
maintain records that clearly and expressly reflected the source and amount of those
funds.
11.
As a result of the failure to post the transaction described in paragraph 10
above, on May 23, 2003, the Accused subsequently withdrew an additional $240
from his lawyer trust account for additional work performed on behalf of the same
client identified in paragraph 10 above which resulted in an overdraft in that amount.
At that time, the client had no funds deposited with the Accused.
12.
On March 1, 2004, the Accused withdrew $1,000 from his lawyer trust
account. At that time, the Accused had less than $1,000 in his lawyer trust account
due to the bank’s miscalculation of interest and the Accused’s failure to reconcile the
account balance against the monthly bank statement which resulted in an overdraft
of one cent.
161