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

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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. 250
Cite as In re Lancefield, 19 DB Rptr 247 (2005) EXECUTED this 5th day of August 2005. EXECUTED this 5th day of August 2005. /s/ Richard F. Lancefield Richard F. Lancefield OSB No. 71003 OREGON STATE BAR By: /s/ Amber Bevacqua-Lynott Amber Bevacqua-Lynott OSB No. 99028 Assistant Disciplinary Counsel 251
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white text DISCIPLINARY BOARD REPOR
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white text PREFACE This Disciplinar
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white text Justices of the Oregon S
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white text 2005 DISCIPLINARY BOARD
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Cases Reported in Volume 19 In re C
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Cases Reported in Volume 19 In re K
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Cases Reported in Volume 19 In re S
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TABLE OF CASES (References are to t
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Table of Cases In re Jordan, 295 Or
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Table of Cases In re Wyllie, 331 Or
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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