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

Cite as In re Oliveros, 19 DB Rptr 260 (2005)
7.
Shortly after Podesfinski contacted the court, the Accused met with
Podesfinski to prepare and finalize the judgment. The Accused forwarded a draft
judgment to Bugay-Podesfinski in late August 2004. Bugay-Podesfinski filed no
objection, but the Accused failed to file the judgment and a statement of attorney fees
with the court until October 2004.
8.
Shortly after receiving a copy of the submitted judgment, Podesfinski informed
the Accused that the judgment contained a clerical error in that it referenced the
hearing date as July 26, 2004, rather than May 3, 2004. Not until January 2005 did
the Accused submit to the court a form of order correcting the judgment.
9.
In and between May 2004 and January 2005, the Accused failed to timely
prepare and file the contempt judgment, failed to respond to numerous requests from
Podesfinski for information regarding the matter, and failed to timely file a statement
of attorney fees.
Violations
10.
The Accused admits that, by engaging in the conduct described in this
Stipulation, he violated DR 6-101(B) of the Code of Professional Responsibility.
Sanction
11.
The Accused and the Bar agree that in fashioning an appropriate sanction in
this case, the Disciplinary Board should consider the ABA Standards for Imposing
Lawyer Sanctions (hereinafter “Standards”). The Standards require that the Accused’s
conduct be analyzed by considering the following factors: (1) the ethical duty
violated; (2) the lawyer’s mental state; (3) the actual or potential injury; and (4) the
existence of aggravating and mitigating circumstances.
A. Duty Violated. The Accused violated his duty of diligence to his client.
Standards, § 4.4.
B. Mental State. The Accused knew he had responsibility for completing
the legal matter but was negligent in doing so. In the spring and summer of 2004,
the Accused’s workload increased unexpectedly due to the loss of an associate
attorney. Moreover, between August and October 2004 the Accused moved his office
and the Podesfinski file was temporarily misplaced.
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