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Cite as In re Jackson, 19 DB Rptr 233 (2005)
On or about March 13, 1997, the Accused filed a civil complaint for Dieringer
against Tri-Met for personal injury and damages sustained on March 14, 1995,
Ursula Dieringer v. Tri-County Metropolitan Transportation District, Multnomah
County Circuit Court Case No. 970301977 (hereinafter “Court Action”). On or about
May 9, 1997, the court entered an order transferring the Court Action to arbitration.
7.
In or about October 1997, the Accused requested that Dieringer deliver $1,100
to the Accused for costs incurred and to be incurred in the Court Action. Dieringer
delivered the $1,100 to the Accused on or about October 3, 1997 (hereinafter
“Dieringer’s Funds”). The Accused deposited Dieringer’s Funds in his lawyer trust
account, and on or about October 3, 1997, withdrew $630.22 for expenses and costs
incurred by the Accused for and on behalf of Dieringer.
8.
On or about November 6, 1997, the court filed and sent notice of pending
dismissal of the Court Action to the Accused and counsel for Tri-Met. On
December 12, 1997, the court dismissed the Court Action and filed and sent a copy
of a judgment of dismissal to the Accused.
9.
In and between about October 1997 and October 2001, the Accused failed to
respond to Dieringer’s telephone calls and letters; failed to provide Dieringer with
copies of written communications from Tri-Met’s counsel and other persons
concerning Dieringer’s case; failed to respond to Tri-Met’s counsel’s inquiries and
requests and failed to communicate and timely communicate with Tri-Met’s counsel;
failed to provide Dieringer with a copy of the court’s notice of pending dismissal and
judgment of dismissal of the Court Action; failed to take action to reinstate the Court
Action; failed to notify Dieringer that he was taking no action and was no longer
representing or pursuing her interests concerning the Court Action and personal
injury claim against Tri-Met; failed to monitor Dieringer’s case; and failed to take
action to advance and protect Dieringer’s interests and claim.
10.
In or about October 2001, Dieringer retained a new lawyer to represent her
interests to pursue the Court Action and claim against Tri-Met. In or about October
2001, Dieringer’s new lawyer requested a copy of documents contained in the
Accused’s file. The Accused failed to deliver the documents. In and between about
November 2001 and March 2002, Dieringer’s new lawyer made additional requests
for documents contained in the Accused’s file. On or about March 13, 2002, the
Accused delivered a copy of his client file to Dieringer’s new lawyer.
11.
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