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

Cite as In re Derby, 19 DB Rptr 306 (2005)
had not been properly notified of the estate proceedings. The Accused did not share
this information with the court, but filed a Verified Statement of Personal
Representative in lieu of a final account, together with a Distributee’s Consent to
such procedure and Affidavit of Attorney Fees. The Accused did not submit a
proposed order approving these documents or a decree of final distribution of the
assets of the estate. Judge Bechtold thereupon sent another notice to the Accused on
November 14, 2003, requesting that he submit such an order within 14 days or a
citation would be issued.
When the order was not forthcoming, on December 30, 2003, Judge Bechtold
issued a citation ordering the Accused to appear on January 23, 2004, to show cause
why he should not be found in contempt of court for failure to file the requested
Order (Ex. 47). The cover letter accompanying that citation was sent to the Oregon
State Bar Disciplinary Counsel. The Accused did not respond to that citation nor did
he appear for the hearing on January 23, 2004, and was held in contempt of court.
Judge Bechtold sent a letter to the Accused dated February 22, 2004 (Ex. 49),
informing him that he had not appeared in court as required on January 23, 2004, and
stating that she would turn the contempt matter over to the District Attorney if the
Accused did not file the required document. Judge Bechtold also reminded the
Accused that the Bar had taken up her previous communication as a complaint and
had asked the Accused to respond to it by February 12, 2004.
The Accused was also contacted by the Professional Liability Fund (“PLF”)
and by a representative from the State Lawyers Assistance Committee (“SLAC”),
during the month of March 2004. The PLF worked with the Accused to obtain repair
counsel to complete work on the Bonebrake Estate, and the Accused was replaced
as counsel on July 9, 2004.
The Oregon State Bar first received the complaint from Judge Bechtold on
January 5, 2004. The Bar sent notification of the complaint by letter dated January
14, 2004, and requested that the Accused respond to Judge Bechtold’s concerns by
February 12, 2004, in a letter dated January 22, 2004. The Accused did not respond,
so the Bar sent a subsequent letter by Certified Mail, Return Receipt Requested, on
February 23, 2004. That letter was returned to the Bar as unclaimed. The Bar sent
a subsequent letter by First Class and Certified Mail on June 9, 2004. The Accused
signed for the Certified Mail on June 17, 2004, but still made no response to that
inquiry, and did not respond to a subsequent inquiry sent by the Bar by letter dated
October 6, 2004. All of the letters mailed by First Class Mail were returned to the
Bar.
At the time the Accused undertook work on the Bonebrake Estate, he was
experiencing financial difficulties and a marital separation. His wife ceased working
in his office as his secretary for several months and he did not replace her. He was
also dealing with the Bar on the subject matter of Derby II, which ultimately resulted
in a disciplinary suspension from practice of 60 days in late 2004 and early 2005.
The Accused subsequently followed the recommendation of the SLAC representative,
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