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Cite as In re Koblegarde, 19 DB Rptr 22 (2005)
E. Mitigating Factors. The following mitigating circumstances are present:
1. Absence of a dishonest or selfish motive. Standards, § 9.32(b).
2. Cooperative attitude toward the proceedings. Standards, § 9.32(e).
3. Character and reputation. Standards, § 9.32(g).
4. Delay. A complaint was not filed with the Bar until almost four years
after the Accused’s underlying conduct. Standards, § 9.32(j).
11.
The Standards provide that a reprimand is generally appropriate when a lawyer
is negligent in determining whether the representation of a client will adversely affect
another client, and causes injury or potential injury to a client. Standards, § 4.33.
12.
Prior case law supports the imposition of a public reprimand under these
circumstances. In re Mammen, 9 DB Rptr 203 (1995) (reprimand for lawyer who
engaged in a likely conflict of interest by representing interests adverse to current
clients in an unrelated matter); In re Powers, 9 DB Rptr 167 (1995) (reprimand for
lawyer who prepared a will and a deed conveying property on behalf of one client
while simultaneously representing a beneficiary of the will in another matter); In re
Cohen, 316 Or 657, 853 P2d 286 (1983) (reprimand for lawyer who simultaneously
represented two clients where there was an actual conflict of interest among them).
13.
Consistent with the Standards and Oregon case law, the parties agree that the
Accused shall be reprimanded for violation of DR 5-105(E), the sanction to be
effective immediately.
14.
The Accused shall also pay to the Bar its reasonable and necessary costs in
the amount of $707.75, incurred for his deposition. Should the Accused fail to pay
$707.75 in full by 60th day after approval of this stipulation by the Disciplinary
Board, the Bar may thereafter, without further notice to the Accused, apply for entry
of a judgment against the Accused for the unpaid balance, plus interest thereon at the
legal rate to accrue from the date the judgment is signed until paid in full.
15.
This Stipulation for Discipline is subject to review by Disciplinary Counsel of
the Oregon State Bar and to approval by the SPRB. If approved by the SPRB, the
parties agree the stipulation is to be submitted to the Disciplinary Board for
consideration under the terms of BR 3.6.
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