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

Cite as In re O’Dell, 19 DB Rptr 287 (2005)
STIPULATION FOR DISCIPLINE
Daniel Q. O’Dell, attorney at law (hereinafter “the Accused”), and the Oregon
State Bar (hereinafter “the Bar”) hereby stipulate to the following matters pursuant
to Oregon State Bar Rule of Procedure 3.6(c).
1.
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.
2.
The Accused was admitted by the Oregon Supreme Court to the practice of
law in Oregon on April 14, 1989, and has been a member of the Oregon State Bar
continuously since that time, having his office and place of business in Clackamas
County and Multnomah County, Oregon.
3.
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).
4.
On September 21, 2004, a Formal Complaint was filed against the Accused
pursuant to the authorization of the State Professional Responsibility Board
(hereinafter “SPRB”), alleging violations of DR 6-101(B) (neglect of a legal matter)
(four counts) and DR 1-103(C) (failure to cooperate in a disciplinary investigation)
(five counts) in connection with the Accused’s representation in five separate client
matters: McKnight, Moore, Wright, Ashley, and Lees. That Formal Complaint (Nos.
04-59, 04-60, 04-61, 04-105, 04-106) presently is pending before a trial panel of the
Disciplinary Board, which is being asked to hold the Formal Complaint in abeyance
until this Stipulation for Discipline is reviewed under BR 3.6(e).
5.
On May 14, 2005, the SPRB authorized separate formal disciplinary
proceedings against the Accused for alleged violation of DR 6-101(B) (neglect of a
legal matter) in connection with the Yautentzi-Cipriano matter. A formal complaint
has not yet been filed in this matter (No. 05-55).
6.
On July 16, 2005, the SPRB authorized additional charges against the Accused
for violations of DR 2-110(A)(2) (withdrawal without taking adequate steps to protect
client interests); DR 2-110(B)(2) (failure to withdraw when continued representation
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