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

Cite as In re Johnson, 19 DB Rptr 324 (2005)
STIPULATION FOR DISCIPLINE
Thomas Johnson, 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 September 22, 1995, and has been a member of the Oregon State
Bar continuously since that time, having his office and place of business in
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 November 23, 2004, a Formal Complaint was filed against the Accused
pursuant to the authorization of the State Professional Responsibility Board
(hereinafter “SPRB”), alleging violation of DR 1-102(A)(3), DR 6-101(B), and DR
7-102(A)(5) of the Code of Professional Responsibility. The parties intend that this
Stipulation for Discipline set forth all relevant facts, violations, and the agreed-upon
sanction as a final disposition of the proceeding.
Facts
5.
On or about August 14, 2003, the Accused undertook to represent Nicole Carr
(hereinafter “Carr”) to obtain appointment as guardian of her nephew, Airin. On or
about September 12, 2003, the Accused provided a draft petition for guardianship to
Carr for her review. Thereafter, the Accused failed to take any substantial action on
the Carr guardianship and failed to communicate with Carr except as alleged in
paragraphs 6 and 7 below.
6.
On January 29, 2004, the Accused made the following representations in an
e-mail message transmitted to Carr’s sister:
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