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Cite as In re Idiart, 19 DB Rptr 316 (2005) 4. The Accused has taken steps to rectify the consequences of his conduct by implementing a reasonable waiting period before contacting prospective clients in cases involving serious injury or death and has sought additional guidance from the Bar on this issue. Standards, § 9.32(k). 13. The ABA Standards provide that a public reprimand is appropriate when a lawyer negligently engages in conduct that violates a duty to the profession and causes injury or potential injury to a client, the public, or the legal system. Standards, § 7.3. 14. Although Oregon case law offers no specific authority on the timing considerations relating to communication with prospective clients to solicit professional employment, lawyers have been publicly reprimanded for other violations involving communications about their legal services: In re Kimmell, 10 DB Rptr 175 (1996) (lawyer’s letterhead was misleading when it indicated a California license when he was an inactive member and ineligible to practice law in California.); In re Fellows, 9 DB Rptr 197 (1995) (yellow pages advertisement for referral service was misleading because some referrals were made to lawyer’s partners or associates and some of lawyers to whom cases might be referred were not experienced or had not consented to the use of their names.); In re Smith, 9 DB Rptr 79 (1995) (paralegal’s yellow pages advertisement was misleading in that it did not disclose that customers were required to retain a lawyer’s services and that the advertisement was for legal services, not merely for the paralegal service). See also In re Mendez, 10 DB Rptr 129 (1996), in which a lawyer was suspended for 30 days when he sent direct mail solicitation that was materially misleading. The lawyer’s solicitation letter described the actions of the potential clients’ former employer as unlawful when no such investigation or court determination had been made. 15. Consistent with the Standards and Oregon case law, the parties agree that the Accused shall be publicly reprimanded for violation of Oregon RPC 5.3(b), RPC 7.3(b)(1), and RPC 8.4(a)(1). The sanction shall be effective immediately upon approval by the Disciplinary Board of this Stipulation for Discipline. 16. This Stipulation for Discipline is subject to review by Disciplinary Counsel and to approval by the SPRB. If approved by the SPRB, the parties agree the stipulation is to be submitted to the Disciplinary Board for consideration under the terms of BR 3.6. 320
Cite as In re Idiart, 19 DB Rptr 316 (2005) EXECUTED this 22nd day of September 2005. /s/ Damian M. Idiart Damian M. Idiart OSB No. 01061 EXECUTED this 26th day of September 2005. OREGON STATE BAR By: /s/ Susan R. Cournoyer Susan Roedl Cournoyer OSB No. 86338 Assistant Disciplinary Counsel 321
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white text DISCIPLINARY BOARD REPOR
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white text PREFACE This Disciplinar
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white text Justices of the Oregon S
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white text 2005 DISCIPLINARY BOARD
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Cases Reported in Volume 19 In re C
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Cases Reported in Volume 19 In re K
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Cases Reported in Volume 19 In re S
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Cite as In re Shinn, 19 DB Rptr 128
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TABLE OF CASES (References are to t
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Table of Cases In re Jordan, 295 Or
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Table of Cases In re Wyllie, 331 Or
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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