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

Cite as In re Summer, 19 DB Rptr 57 (2005)
Cite as 338 Or 29 (2005)
IN THE SUPREME COURT
OF THE STATE OF OREGON
In re: )
)
Complaint as to the Conduct of )
)
D. SCOTT SUMMER, )
)
Accused. )
(OSB No. 01-199; SC S50870)
En Banc
On review of the decision of a trial panel of the Disciplinary Board.
Argued and submitted September 10, 2004. Decided February 3, 2005.
Christ T. Troupis, Troupis & Summer, Meridian, Idaho, argued the cause and
filed the brief for the Accused.
Mary A. Cooper, Assistant Disciplinary Counsel, Lake Oswego, argued the
cause and filed the briefs for the Oregon State Bar.
PER CURIAM
The Accused is suspended from the practice of law for a period of 180 days,
commencing 60 days from the date of filing of this decision.
SUMMARY OF THE SUPREME COURT OPINION
Accused Idaho lawyer, who is also licensed to practice law in Oregon,
represented a client who had been in two unrelated automobile accidents 11 days
apart from each other. The client had been injured only in the first accident and the
Accused settled that injury claim with the insurer involved in that accident. One week
later, the Accused attempted to recover for his client a second time for some of the
same injuries by sending a demand letter to the self-insured company involved in the
second accident, and by including with that demand many of the same medical
records generated from the first accident. On those facts, an Idaho jury later found
the Accused guilty of attempted theft by deception. Held: (1) Although BR 1.4(b)
might ordinarily require the application of Idaho’s disciplinary rules to a proceeding
involving an Idaho lawyer, this court applies the disciplinary rules of Oregon when
the effects of the Accused’s conduct were felt both in Oregon and Idaho, and when
the parties litigate the proceeding under Oregon’s disciplinary rules as if the
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