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

Cite as In re O’Dell, 19 DB Rptr 287 (2005)
violates disciplinary rules); DR 6-101(B) (neglect of a legal matter); and DR 7-
101(A)(2) (intentional failure to carry out a contract of employment) for his conduct
in the George matter (No. 05-100). The SPRB further directed that the Yautentzi-
Cipriano proceeding be consolidated with the George proceeding.
7.
The parties intend that this stipulation set forth all relevant facts, violations,
and the agreed-upon sanction as a final disposition of the proceedings, charges, and
allegations described in paragraphs 4 through 6 herein.
James McKnight
(Case No. 04-59)
Facts
8.
In March 2003, the Accused was appointed by the court to represent James
McKnight (“McKnight”) to appeal a criminal conviction. The Accused did not notify
McKnight of his appointment. In or about June 2003, the Accused filed a “Measure
11 Brief,” which outlined the procedural history of the case, but did not identify any
substantive issues for appeal. The brief simply challenged the constitutionality of
Ballot Measure 11. The Accused did not communicate with McKnight prior to filing
the brief. When the Court of Appeals affirmed McKnight’s conviction in October
2003, the Accused failed to inform McKnight and failed to file a petition for review,
so that McKnight could be eligible for federal relief.
9.
On February 10, 2004, the Oregon State Bar received a complaint from
McKnight’s father regarding the Accused’s conduct. On February 11, 2004,
Disciplinary Counsel’s Office forwarded a copy of that complaint to the Accused and
requested his response on or before March 3, 2004. The Accused made no response
to the Bar’s inquiry despite an additional request from Disciplinary Counsel’s Office
on March 15, 2004, that he do so.
Violations
10.
The Accused admits that, by engaging in the conduct described in paragraphs
8 and 9 of this stipulation, he violated DR 6-101(B) (neglect of a legal matter) and
DR 1-103(C) (failure to cooperate in a disciplinary investigation) of the Code of
Professional Responsibility.
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