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

Cite as In re Richardson, 19 DB Rptr 239 (2005)
19.
Oregon case law suggests that suspension is appropriate for the Accused’s
conduct. Where lawyers have been found to be lying to others to further their
personal interests, the Supreme Court and the Disciplinary Board have determined
a period of suspension to be appropriate. See, for example, In re Cann, 16 DB Rptr
173 (2002), where the lawyer was suspended for six months for violation of DR
1-102(A)(3), DR 1-102(A)(4), DR 5-101(A), and DR 5-104(A) when he used a
“straw man” to purchase a piece of property from an estate whose personal
representative was his client; In re Brandt and Griffin, 331 Or 113, 10 P3d 906
(2000), where the lawyers were suspended for 12 and 13 months, respectively, for
violation of DR 2-108, DR 5-101(A), and DR 1-102(A)(3) when they made
misrepresentations to the Bar concerning the timing of disclosures they had made to
a client about a conflict of interest; In re Unrein, 323 Or 285, 917 P2d 1022 (1996),
where the lawyer was suspended for 120 days for violating DR 1-102(A)(3) when
she made misrepresentations in her applications for unemployment insurance benefits;
and In re Glass, 308 Or 297, 779 P2d 612 (1989), where the lawyer was suspended
for 91 days for violation of DR 1-102(A)(3), DR 1-103(C), and DR 7-102(A)(1)
when he made a misrepresentation in an application to register the assumed business
name of a person who was suing him in order to prevent the person from maintaining
the lawsuit.
20.
Consistent with the Standards and Oregon case law, the parties agree that the
Accused shall be suspended for six months for violation of DR 1-102(A)(2), DR
1-102(A)(3), and DR 7-104(A)(2), the sanction to be effective beginning on the day
this stipulation is approved.
The Accused’s reinstatement after the six-month suspension shall not be
effective until the Accused pays to the Oregon State Bar its reasonable and necessary
costs in the amount of $1,096.20, incurred for the Accused’s deposition and
deposition transcripts. Should the Accused fail to pay $1,096.20 in full on or before
the last day of the suspension, 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.
21.
This Stipulation for Discipline is subject to review by Disciplinary Counsel of
the Oregon State Bar. The sanction provided for herein was approved by the SPRB
on July 16, 2005. 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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