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Cite as In re Wilson, 19 DB Rptr 357 (2005)
7.
ORS 113.155 requires a personal representative to publish a notice to
interested persons. The Accused failed to cause that notice to be published on
Shepard’s behalf.
8.
ORS 116.013 requires court approval before a personal representative may
make a partial distribution of estate property. On December 30, 2003, and January
9, 2004, Shepard made substantial partial distributions of her mother’s estate. The
Accused failed to obtain court approval before Shepard made the partial distributions
described above.
9.
ORS 116.083 requires a personal representative to make an annual accounting
within 30 days after the anniversary date of the personal representative’s
appointment. The Accused failed to file an annual accounting on Shepard’s behalf
within 30 days after June 4, 2004.
10.
ORS 116.183 requires court approval before a personal representative may pay
attorney fees. The Accused accepted funds in payment of attorney fees from Shepard.
The Accused failed to obtain court approval before accepting those funds from
Shepard.
11.
Effective July 2, 2004, the Accused was suspended from the practice of law
for failing to pay Bar membership fees. After July 1, 2004, the Accused continued
as attorney of record for Shepard and filed a motion on Shepard’s behalf requesting
an extension of time in which to file an accounting.
Violations
12.
The Accused admits that, by engaging in the conduct described in paragraphs
5 through 11, she violated DR 2-106(A), DR 3-101(B), DR 6-101(A), and
DR 6-101(B) of the Code of Professional Responsibility.
Sanction
13.
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
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