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

Cite as In re Marsh, 19 DB Rptr 277 (2005)
15.
On April 2, 2004, the court filed and served notice of trial for the FED Case
for April 14, 2004. The Accused requested an additional $1,000 from Wilkes for
attorney fees to be performed in the FED Case. Wilkes paid the additional amount
to the Accused. Except for a deposit slip, the Accused failed to prepare and maintain
complete records reflecting the receipt and disbursement or application of the $1,000.
16.
Defendants failed to pay required fees to the court. On April 14, 2004, the
court declared the defendants to be in default and entered judgment in Wilkes’ favor,
including restitution of the premises together with her costs and disbursements. On
April 27, 2004, the Accused filed a petition for the award of $1,698.90 for attorney
fees and costs with the court. The Accused failed to detail his time and activities in
the petition for the award of attorney fees claimed in the FED Case. The defendants
then filed an objection to the Accused’s petition for the award of attorney fees and
costs alleging, among other grounds, that the Accused failed to detail his time and
activities; failed to identify the facts, statute, or rule that provided the basis for the
award; and that the hourly rate and hours claimed by the Accused were not
reasonable.
17.
On May 19, 2004, the defendants filed a motion to set aside the default
judgment entered against them. The Accused requested an additional $1,200 from
Wilkes for legal services to be performed in the FED Case. Wilkes paid the
additional $1,200 to the Accused. Except for a deposit slip, the Accused failed to
prepare and maintain complete records of the receipt and disbursement or application
of the $1,200.
18.
The court ultimately denied the defendants’ motion to set aside the default
judgment and the Accused filed a supplemental petition for attorney fees in which
he sought the award of an additional $1,200 from the defendants in the FED Case.
The Accused failed to detail his time and activities in the petition for the award of
additional attorney fees.
19.
In his supplemental petition, by way of explaining the lack of a detailed
account of his time, the Accused represented to the court that the fee he charged
Wilkes was a flat fee. This representation was not completely true. Only the initial
$500 was a flat fee. Other fees paid by Wilkes to the Accused were not flat fees, but
were for the Accused’s services at an hourly rate.
281