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

Cite as In re Botta, 19 DB Rptr 10 (2005)
15.
The Standards provide that suspension is generally appropriate when a lawyer
knows that false statements are being made to the court and those statements cause
injury or potential injury to a party to the legal proceeding, or cause an adverse or
potentially adverse effect on the legal proceeding. Standards, § 6.12.
16.
Oregon case law supports the imposition of a suspension where a lawyer
makes misrepresentations to a court. In re Hiller and Jansen, 298 Or 526, 694 P2d
540 (1985) (120-day suspension for lawyers who filed an affidavit with the court
attesting to sale of property when lawyers knew there was no consideration for the
sale and buyer was employed by the lawyers); In re Morris, 326 Or 493, 953 P2d
387 (1998) (120-day suspension for lawyer who altered and then filed with court a
final account for services rendered as counsel for a personal representative after
statement had already been signed and notarized); In re Page, 326 Or 572, 955 P2d
239 (1998) (reciprocal discipline case in which lawyer was suspended for 30 days
for altering and then filing with court a document that had already been signed by
opposing counsel); In re Jones, 326 Or 195, 951 P2d 149 (1997) (45-day suspension
for lawyer who signed bankruptcy documents in blank notwithstanding the existence
of a perjury clause); In re Hedrick, 312 Or 442, 820 P2d 1187 (1991) (two-year
suspension for lawyer who falsely stated in a petition to submit a will to probate
court that the will in question was testators’ last will when lawyer knew that a later
will existed); In re Walker, 293 Or 297, 647 P2d 468 (1982) (30-day suspension for
lawyer who misrepresented the status of decedent’s estate to court); In re Green, 290
Or 291, 620 P2d 1379 (1980) (60-day suspension for lawyer who knowingly failed
to inform court that property conservator was seeking to purchase for benefit of a
protected minor belonged to conservator, who was also lawyer’s spouse).
17.
Consistent with the Standards and Oregon case law, and because the
mitigating circumstances outweigh the aggravating circumstances, the parties agree
that the Accused shall be suspended from the practice of law for 90 days for
violation of DR 1-102(A)(3), DR 1-102(A)(4), and DR 7-102(A)(5), the sanction to
be effective on the 60th day after this stipulation has been approved by the
Disciplinary Board.
18.
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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