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

Cite as In re Lancefield, 19 DB Rptr 247 (2005)
D. Aggravating Factors. Aggravating factors include:
1. Prior disciplinary offenses. Standards, § 9.22(a). The Accused received
an admonition in May 2003 for the identical conduct and violations at issue in this
matter, specifically, DR 9-101(A) and DR 9-101(C)(3). A letter of admonition is
considered as evidence of past misconduct if the misconduct that gave rise to that
letter was of the same or similar type as the misconduct at issue in the case at bar.
In re Cohen, 330 Or 489, 500, 8 P3d 953 (2000).
2. A pattern of misconduct. Standards, § 9.22(c).
3. Multiple offenses. Standards, § 9.22(d).
4. Substantial experience in the practice of law; the Accused having been
admitted in Oregon in 1971 and in Washington in 1969. Standards, § 9.22(i).
E. Mitigating Factors. Mitigating factors include:
1. Cooperative attitude toward the disciplinary proceedings. Standards,
§ 9.32(e).
2. Remorse. Standards, § 9.32(m).
10.
Combining the factors of duty, mental state, and injury, the Standards provide
that a 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.
Oregon case law is in accord. See In re Eakin, 334 Or 238, 48 P3d 147 (2002)
(60-day suspension for violation of DR 9-101(A), DR 9-101(C)(3), and DR
9-101(C)(4)); In re Wyllie, 331 Or 606, 19 P3d 338 (2001) (four-month suspension
for violation of DR 9-101(A), DR 2-106(A), and DR 5-105(E)); In re Williams, 314
Or 530, 840 P2d 1280 (1992) (63-day suspension for violation of DR 9-101(A)
among other rules).
11.
Consistent with the Standards and Oregon case law, the parties agree that the
Accused shall be suspended for 60 days for violations of DR 9-101(A) (failure to
maintain client funds in trust) and DR 9-101(C)(3) (failure to account for client
funds), the sanction to be effective October 1, 2005, or three days following approval
by the Disciplinary Board, whichever is later.
12.
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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