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

Cite as In re Koblegarde, 19 DB Rptr 22 (2005)
STIPULATION FOR DISCIPLINE
B. Rupert Koblegarde, 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 18, 1970, 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 December 1, 2004, an Amended Formal Complaint was filed against the
Accused pursuant to the authorization of the State Professional Responsibility Board
(hereinafter “SPRB”), alleging violation of DR 5-105(E) and DR 6-101(A). 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.
In July 1999, the Accused was retained by Bernice Greening (hereinafter
“Greening”) to represent her in an estate planning matter. On September 3, 1999,
Greening executed a revocable living trust, a power of attorney, a pour-over will and
a warranty deed prepared by the Accused. After September 3, 1999, the Accused
continued to represent Greening in the estate planning matter.
6.
On or about September 3, 1999, the Accused undertook to represent Sharon
Ketchum (hereinafter “Ketchum”), Greening’s daughter, in a proceeding to appoint
Ketchum as guardian and another person as conservator for Greening. On Ketchum’s
behalf, the Accused prepared and filed a petition and affidavit in support of the
appointment of a guardian and conservatorship for Greening.
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