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

Cite as In re White, 19 DB Rptr 343 (2005)
desist order described in paragraph 11 above; to remove all materials relating to
immigration law and practice from his business premises, including but not limited
to immigration forms, the Immigrants’ Rights Manual, and INS publications of any
kind; to not represent to consumers that he had any expertise or special knowledge
about immigration law; and to not use the Internet to provide any information or
documents to consumers relating to immigration matters. At all relevant times, the
Accused was aware of the terms of this assurance of voluntary compliance, and
represented Aleman in the negotiation of the terms of the assurance of voluntary
compliance.
13.
In 2003, a former immigration law client of the Accused, Celia Perez,
contacted Aleman regarding her application for US citizenship. Aleman rendered
legal advice to and selected and completed INS forms for Perez.
14.
Between 2000 and about April 2004, when he ended his association with
Aleman, the Accused aided Aleman in the unlawful practice of law as described in
paragraph 7 above, placed Aleman in a situation where he could continue unlawfully
to practice law, made INS forms and immigration law resources available to Aleman,
and took no steps to assure that Aleman was not engaged in the unlawful practice of
law or to determine whether Aleman had the ability to recognize when clients needed
legal assistance.
Violations
15.
The Accused admits that, by engaging in the conduct described in paragraphs
7 and 11 through 14 of this stipulation, he violated DR 3-101(A).
Sanction
16.
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 Maria Sanchez-Reyes
to represent her competently. Standards, § 4.5. The Accused also violated his duties
as a professional not to aid the unauthorized practice of law and to avoid sharing
legal fees with a nonlawyer. Standards, § 7.0.
347