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

Cite as In re DenHartigh, 19 DB Rptr 159 (2005)
2. Personal or emotional problems. During some of the relevant time
period, the Accused was experiencing depression. Standards, § 9.32(c).
3. Cooperative attitude toward the proceeding. Standards, § 9.32(e).
4. Remorse. Standards, § 9.32(m).
15.
The Standards provide that suspension is generally appropriate when a lawyer
knows or should know that he or she is dealing improperly with client property and
causes injury or potential injury to a client. Standards, § 4.12. Suspension is also
generally appropriate when a lawyer knowingly fails to perform services for a client
and causes injury or potential injury to a client, or engages in a pattern of neglect
and causes injury or potential injury to a client. Standards, § 4.42.
16.
Oregon case law supports the imposition of a suspension when a lawyer
should have known that he was handling his lawyer trust account improperly. In re
Eakin, 334 Or 238, 48 P2d 147 (2002) (60-day suspension). Lawyers who knowingly
neglect legal matters have also received suspensions. In re LaBahn, 335 Or 357, 65
P3d 381 (2004); In re Schaffner, 323 Or 472, 918 P2d 803 (1996) (60-day
suspensions).
17.
Consistent with the Standards and Oregon case law, the parties agree that the
Accused shall be suspended from the practice of law for 90 days for violation of DR
6-101(B), DR 7-101(A)(2), DR 9-101(A), and DR 9-101(C), the sanction to be
effective on July 1, 2005.
18.
In addition, on or before the last day of the suspension period, the Accused
shall pay to the Oregon State Bar its reasonable and necessary costs in the amount
of $341.60, incurred for court reporting costs in connection with taking and
transcribing his deposition. Should the Accused fail to pay $341.69 in full by the last
day of his suspension period, the Bar may thereafter, without further notice to the
Accused, apply for entry of a judgment against the Accused for the unpaid balance,
plus interest thereon at the legal rate to accrue from the date the judgment is signed
until paid in full.
19.
This Stipulation for Discipline is subject to review by Disciplinary Counsel of
the Oregon State Bar and to approval by the SPRB. If approved by the SPRB, the
parties agree the stipulation is to be submitted to the Disciplinary Board for
consideration under the terms of BR 3.6.
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