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

Cite as In re Koblegarde, 19 DB Rptr 22 (2005)
7.
With regard to the guardianship and conservatorship matter, the interests of
Greening and Ketchum were adverse. To the extent disclosure and consent was
available to cure any conflict of interest, the Accused undertook to represent
Ketchum in the guardianship and conservatorship matter without obtaining consent
that complied with the full disclosure requirements of DR 10-101(B) from both
Greening and Ketchum.
Violations
9.
The Accused admits that, by engaging in the conduct described in paragraphs
5 through 7, he violated DR 5-105(E) of the Code of Professional Responsibility.
Upon further factual inquiry, the parties agree that the alleged violation of DR
6-101(A) as set forth in the Amended Formal Complaint, upon the approval of this
stipulation, is dismissed.
Sanction
10.
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 avoid conflicts of
interest. Standards, § 4.3.
B. Mental State. The Accused acted negligently.
C. Injury. “Injury” is harm to a client, the public, the legal system, or the
profession which results from the lawyer’s misconduct. Standards, at 7. Injury can
be either actual or potential. In re Williams, 314 Or 530, 840 P2d 1280 (1992).
Greening and Ketchum sustained potential injury.
D. Aggravating Factors. The following aggravating circumstances are
present:
1. Prior disciplinary offenses. In 2002, the Accused was reprimanded for
violating DR 6-101(A) (In re Koblegarde, 16 DB Rptr 374 (2002)). Standards,
§ 9.22(a).
2. Substantial experience in the practice of law; the Accused has been a
lawyer in Oregon since 1970. Standards, § 9.22(i).
24