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

Cite as In re Kay, 19 DB Rptr 200 (2005)
STIPULATION FOR DISCIPLINE
Terrence Kay, attorney at law (hereinafter “the Accused”), and the Oregon
State Bar (hereinafter “the Bar”) hereby stipulate to the following matters pursuant
to Oregon State Bar Rule of Procedure 3.6(c).
1.
The Bar was created and exists by virtue of the laws of the State of Oregon
and is, and at all times mentioned herein was, authorized to carry out the provisions
of ORS Chapter 9, relating to the discipline of lawyers.
2.
The Accused was admitted by the Oregon Supreme Court to the practice of
law in Oregon on September 21, 1981, and has been a member of the Oregon State
Bar continuously since that time, having his office and place of business in Marion
County, Oregon.
3.
The Accused enters into this Stipulation for Discipline freely and voluntarily.
This Stipulation for Discipline is made under the restrictions of Bar Rule of
Procedure 3.6(h).
4.
On January 22, 2005, the State Professional Responsibility Board authorized
formal disciplinary proceedings against the Accused for alleged violation of
DR 3-101(B) of the Code of Professional Responsibility and ORS 9.160. The parties
intend that this stipulation set forth all relevant facts, violations, and the agreed-upon
sanction as a final disposition of this proceeding.
Facts
5.
Effective July 26, 2004, the Accused was suspended from the practice of law
for a period of 30 days, pursuant to a stipulation for discipline in In re Kay, 18 DB
Rptr 138 (2004).
6.
A reinstatement after a short-term disciplinary suspension is not automatic, but
is governed by Bar Rule (BR) 8.3, which provides that the suspended lawyer must
submit a reinstatement compliance affidavit in which he/she attests to certain things
and pay a reinstatement fee. A lawyer remains suspended until the provisions of BR
8.3 are met.
201