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

Cite as In re Johnson, 19 DB Rptr 324 (2005)
“Last fall I was in a ‘meaningful’ car crash and I have had a prolonged
recovery period that is not yet complete. I left instructions for the other
attorneys in the firm to move your case along, but I am afraid that the ball
was dropped. I only learned of this on Monday when I returned to the office.
Even though I am really not back, I will personally handle this matter
through completion.”
These representations were false, and the Accused knew they were false when
he made them. The Accused had not been in an automobile accident, had not
delegated responsibility for Carr’s case to other lawyers, and had not just returned
to work after recovering from injuries sustained in an automobile accident.
7.
On or about February 26, 2004, the Accused made the following
representations in an e-mail message transmitted to Carr’s sister:
“Here is the status of the case. The petition is filed and I am waiting to hear
from the court about waiving notice on Airin’s father. I left the motion with
the clerk as no judge was available when the petition was filed.”
These representations were false, and the Accused knew they were false when
he made them. The Accused had not filed the petition for appointment of guardian
or any motion with the court.
Violations
8.
The Accused admits that, by engaging in the conduct described in this
stipulation, he violated DR 1-102(A)(3), DR 6-101(B), and DR 7-102(A)(5) of the
Code of Professional Responsibility.
Sanction
9.
The Accused and the Bar agree that in fashioning an appropriate sanction in
this case, the Disciplinary Board should consider the ABA Standards for Imposing
Lawyer Sanctions (hereinafter “Standards”). The Standards require that the Accused’s
conduct be analyzed by considering the following factors: (1) the ethical duty
violated; (2) the lawyer’s mental state; (3) the actual or potential injury; and (4) the
existence of aggravating and mitigating circumstances.
A. Duty Violated. The Accused violated his duty to his client to be candid
and to represent her diligently. Standards, §§ 4.4, 4.6. The Accused also violated his
duty to the public to maintain his personal integrity. Standards, § 5.1.
B. Mental State. The Accused acted knowingly, i.e., with the conscious
awareness of the nature or attendant circumstances of his conduct, but without the
conscious objective or purpose to accomplish a particular result. While the Accused
326