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Cite as In re Matthews, 19 DB Rptr 193 (2005)
16.
In mid-May 2003, Mother wrote the Lane County presiding court advising of
the removal of her children. In June 2003, Judge Billings convened a hearing,
vacated the order of restraint, set aside any order that suggested that stepmother had
any legal right to the children, and awarded custody of the children to Mother.
Violations
17.
The Accused stipulates that, by engaging in the conduct described in
paragraphs 5 through 16 herein, she violated DR 1-102(A)(3) (dishonesty and
misrepresentation); DR 1-102(A)(4) (conduct prejudicial to the administration of
justice); DR 7-102(A)(2) (knowingly advancing an unwarranted claim); and DR
7-102(A)(5) (knowingly make a false statement of law or fact).
Merritt Matter
(Case No. 04-35)
Facts
18.
In or about the spring of 2003, the Accused represented a client in connection
with his dissolution of marriage. During the course of the representation, the Accused
and her client commenced a sexual relationship.
Violations
19.
The Accused stipulates that, by engaging in the conduct described in paragraph
18, she violated DR 5-101(A) (lawyer’s self-interest conflict) and DR 5-110(A)
(sexual relations with a client).
Sanction
20.
The Accused and the Bar agree that in fashioning an appropriate sanction in
this case, the Supreme Court 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. In the Allison matter, the Accused violated her duty to
the public and to maintain her personal integrity. Standards, § 5.1. The Accused also
violated her duty to the legal system to abide by its rules and to avoid interfering
with the proper administration of justice. Standards, § 6.1. In the Merritt matter, the
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