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

Cite as In re Lyons, 19 DB Rptr 271 (2005)
STIPULATION FOR DISCIPLINE
The Bar was created and exists by virtue of the laws of the State of Oregon
and is, and at all times mentioned herein was, authorized to carry out the provisions
of ORS Chapter 9, relating to the discipline of lawyers.
1.
The Accused was admitted by the Oregon Supreme Court to the practice of
law in Oregon on September 18, 1978, and has been a member of the Oregon State
Bar continuously since that time, having his office and place of business in
Clackamas County, Oregon.
2.
The Accused enters into this Stipulation for Discipline freely and voluntarily.
This Stipulation for Discipline is made under the restrictions of Bar Rule of
Procedure 3.6(h).
3.
On August 12, 2005, the State Professional Responsibility Board authorized
formal disciplinary proceedings against the Accused for alleged violations of
DR 6-101(A) (failure to provide competent representation) and DR 9-101(C)(4)
(failure to promptly deliver to a client as requested properties the client is entitled to
receive) of the Code of Professional Responsibility. The parties intend that this
stipulation set forth all relevant facts, violations, and the agreed-upon sanction as a
final disposition of this proceeding.
Facts
4.
On April 10, 1998, Rotish V. Singh (“Singh”) pleaded no contest to two
Measure 11 crimes. The trial court imposed two consecutive sentences. Singh’s
conviction and sentence were affirmed on direct appeal and the Oregon Court of
Appeals issued its judgment on April 13, 1999.
5.
In July 1999, Singh retained the Accused to file a formal petition for post
conviction relief. Six months later, on February 1, 2000, the Accused sent Singh a
letter advising Singh that Singh had potential claims under both Oregon and federal
law. The Accused further advised Singh that he expected to file a postconviction
relief petition within the next few weeks.
6.
Under ORS 138.510, a petition for postconviction relief must be filed within
two years after the date the direct appeal is final. Under the federal Antiterrorism and
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